Though buses are a safe way to travel, like any other motor vehicle, a bus can have an accident. Winning a settlement from a bus accident case can be more complicated than with accidents involving privately owned vehicles. If you or a loved one has sustained an injury or property damage as a result of a bus accident, consult with a Marion personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi PLC.
Proving Negligence in a Bus Accident in Marion, Arkansas
Bus operators operate under the same requirements as all other motor vehicle operators. A driver owes every other driver on the road a duty of care. Drivers are obligated to refrain from dangerous driving behaviors, must follow traffic laws, and must operate their vehicles to preserve the safety of others on the road.
Bus drivers have an added duty of care to the passengers they transport. To prove a bus driver’s negligence, the injured party must confirm:
- The driver owed a duty of care
- The driver breached the duty of care, whether through action or inaction
- The breach of duty caused the victim’s injuries and/or property damage
- The injuries sustained brought measurable financial damage to the victim
Other Potential Responsible Parties
Since bus drivers do not own the buses they operate, other parties may hold responsibility for the accident, such as bus company owners, vehicle part manufacturers, or school districts. Your bus accident lawyer in Marion, AR from Gatti, Keltner, Bienvenu & Montesi PLC will know who to hold accountable.
The Federal Motor Carrier Safety Administration (FMCSA) regulates safe travel through requirements for bus drivers, bus maintenance, and transporting passengers safely. These requirements vary depending on the type of bus travel involved.
If companies do not maintain their vehicles or fail to fulfill other regulations, those failures may prove a breach of duty of care.
Sovereign Immunity Laws in Marion, Arkansas Can Affect Your Case
Arkansas has sovereign immunity laws. Article 5 §20 states, “The State of Arkansas shall never be a defendant in any of her courts.” If your bus accident occurred on a government-owned or run bus, this law makes pursuing a settlement a bit more complicated.
Fortunately, each state has processes through which claimants in state-negligence cases can seek damages. These processes are complex and require extensive legal knowledge and expertise to navigate, and are best left in your Marion, AR bus accident lawyer’s capable hands.
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Why You Should Pursue a Settlement Following a Bus Accident
The FMSCA reported 101 bus accidents in Arkansas for the most recent full year of data collection. One resulted in a fatality, 50 caused injuries, and 50 included vehicle towaways.
Regardless of the type of bus you are on when an accident occurs or whose negligence caused it, the injuries you sustain may be quite serious, bringing unwanted change to many areas of your life.
Winning a settlement may not restore everything to pre-accident status, but it will aid your recovery, improve your quality of life, and bring you a measure of justice. Though each accident case and settlement is different, your lawyer will most likely seek damages in these areas:
Medical Care
Surgery, physical or other rehabilitating therapies, home care, and long-term care (should you require it) are expensive. You are already paying for someone else’s negligence with your body. Your bus accident attorney in Marion, AR will fight to ensure you are compensated for the financial costs.
Loss of Enjoyment or Quality of Life
Your injuries may cause you significant pain temporarily or chronically. Pain affects your emotional state and how you move through daily life. You may not be able to participate in the activities and social events you did before your accident. These losses can leave you feeling isolated and anxious. Compensation can help cover counseling costs or provide means and access to activities that fit your new situation.
Economic and Property Damages
If your injuries leave you unable to work or unable to carry out the same job, a settlement can restore lost wages and lost future earnings, bringing financial peace of mind. Damage to property, such as electronic devices or luggage, can be recovered through a settlement as well.
Other Costs
It’s not always easy to calculate the losses incurred by an accident. A Marion, AR bus accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC will review your individual situation and pursue damages to cover your needs.
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When to Call a Marion, AR Bus Accident Attorney
Safety always comes first. After a bus accident, do not turn away medical attention if it is available at the scene. If you do not need emergency services, follow up with a doctor anyway, as the effects of some injuries show more gradually than others.
Make sure the accident has been reported to the authorities. If it is safe and you are able to, take photos or video of the accident scene and your injuries. Collect contact information from witnesses. This documentation will serve as valuable evidence for the case.
As soon as possible after the accident, contact Gatti, Keltner, Bienvenu & Montesi PLC to consult with a Marion, AR bus accident lawyer. The sooner your lawyer can start building your case and negotiating a settlement, the sooner you will see financial relief.
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Why You Need a Marion, AR Bus Accident Lawyer
Having a lawyer fight for you means:
- You can focus on recovery while your lawyer builds and manages your case.
- You do not have to worry about navigating through complicated laws and legal proceedings.
- You will not accept a too-low settlement from insurance companies that don’t want to admit fault. Your lawyer knows what you deserve and will protect your interests.
- You will have an expert representative at legal proceedings should your case go to trial.
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Contact a Marion, AR Bus Accident Lawyer Today
A consultation with a lawyer from Gatti, Keltner, Bienvenu & Montesi PLC is easy to arrange and risk-free. Simply visit our contact link and call or send us a message. We respond promptly and at no cost to you. You do not pay us until we have won you a settlement.