ATLANTA BUS ACCIDENT LAWYERS

If you’ve been injured in a bus accident, you may decide to hire an attorney to file a lawsuit against a bus driver, owner, or company to recover compensation for your injuries. When choosing representation, it is important to hire an attorney with experience investigating, negotiating, settling, and litigating these types of cases.

The strength of your case will rest on your attorney’s ability to collect evidence and present it in the most favorable light while illustrating the other party’s negligence. Negligence occurs when a party’s conduct falls below established standards enacted to protect others against unreasonable harm. Your attorney may investigate the accident to determine whether negligence, examples of which are listed below, contributed to your crash:

• The driver’s failure to be aware of their surroundings
• Inadequate training
• Insufficient credentials
• Inadequate maintenance or manufacture of the bus
• Violation of traffic laws and specific bus regulations
• Operating the bus in excess of permitted speed limits

Your attorney’s investigation may include:

• Reviewing Atlanta police reports and photographs
• Collecting statements from witnesses (i.e., passengers, Metropolitan Atlanta Rapid Transit Authority — MARTA — employees)
• Establishing weather conditions when the accident occurred
• Establishing whether all required bus regulations and local traffic laws were followed
• Analyzing your medical reports with medical experts to establish your injuries
• Re-creating the accident with the assistance of accident specialists

Your attorney will use the information gathered in the investigation when consulting with medical and economic experts. Your lawyer will work with these experts to determine which damages will be requested in your claim. Damages include, but are not limited to, the following:

• Current and future medical expenses
• Lost wages
• Loss of future earning capacity
• Property damage
• Pain and suffering
• Loss of enjoyment of life
• Loss of intimacy and support

Using information uncovered in the investigation, your attorney will create a claim on your behalf. This claim will be the baseline of your lawsuit. Your attorney’s ability to leverage a settlement or prevail at trial will depend heavily on the information and evidence gathered during the initial investigation.

Using your claim, your attorney will attempt to reach a settlement before your lawsuit is officially filed with the court. If negotiations are unsuccessful, your attorney will submit your claim to the court, which will begin the official lawsuit process. Generally, the parties will engage in additional negotiations for a settlement offer while preparing their cases for trial in an attempt to keep the case from going to court. If negotiations are unsuccessful, your lawsuit will proceed to court, where your attorney will present your case in front of a judge.

In the eyes of the law, children are viewed differently than adults and are owed a higher duty of care while on or in the vicinity of a bus. School buses, commonly entrusted in the transportation of children, are considered to be “common carriers.” They are required to adhere to specific federal and Georgia state regulations in addition to this heightened duty of care.

The size and maneuverability of these buses is significantly different from most other vehicles on the road. They are therefore subject to strict requirements regarding careful operation and maintenance to ensure the safety of their passengers and others on the road.

Liability is typically limited to injuries sustained while a child is on the bus, though there are exceptions. For example, school bus regulations require drivers to ensure the safety of children boarding the bus, who are waiting at a bus stop, or crossing a street.

Bus drivers, owners, maintenance workers, and other entities connected to the operation and safety of the bus and its passengers may be liable for damages if the driver is inadequately trained, neglects to pay attention to their surroundings, or fails to enforce onboard rules such as seatbelt use or does not adhere to traffic laws.

They may also be liable if the bus was negligently maintained or inspected. Manufacturers of school buses may be liable for damages incurred if the bus or one of its components contained a defect that contributed to the accident and child’s resulting injury.

Have you or a loved one been injured in a bus accident? If so, you may be entitled to compensation you can claim through an accident lawsuit. To learn how an Atlanta bus accident attorney may be able to help, complete our free case review form today.