Many people across the country rely on bus transportation. Some take the city bus to work every day, millions of school children ride buses to and from school and others occasionally ride tour buses when visiting new cities. Unfortunately, buses are sometimes involved in accidents, many of which have devastating consequences. At Leonard Legal Group, our New Jersey bus accident attorneys are experienced in representing clients in bus accidents. Our goal is to obtain the maximum compensation for your injuries possible under the law. We focus on strengthening your case so you can focus on recovering from your injuries.
Recovering for injuries sustained in a bus accident depends on the status of the bus company. Was the bus part of a city transit system, or was it owned by a private company? If the bus was owned by a city or municipality, bringing a suit against these entities may be challenging. Under the New Jersey Tort Claims Act, public entities are largely immune from certain lawsuits. A specific level of negligence must be demonstrated to prevail in these suits. Without proper legal advice, a victim may be unaware of the requirements that are in place to bring such a lawsuit. For example, if specific actions are not taken by certain deadlines, an individual may lose the opportunity to ever file a lawsuit and recover for the damages that were sustained in a bus accident.
If a private company owned the bus involved in the accident, filing a lawsuit is not quite as difficult. Although certain burdens of proof must still be met, private companies are not granted immunity the way that public entities are.
Regardless of the status of the bus company, three elements must be demonstrated for an individual to prevail in a lawsuit:
Demonstrating that the bus company owed a duty to the injured individual is usually simple. For example, it is clear that a bus owes its passengers and other drivers a duty to operate reasonably under the circumstances.
Proving negligence may be more difficult, especially if the case involves a public transportation company. Negligence may include either acts or omissions. In either case, negligence is the failure to exercise the level of care that a prudent individual would have exercised in the same situation. For example, a bus driver traveling at twenty miles an hour over the speed limit in icy conditions would certainly be acting negligently, as a reasonable bus driver would not speed in the same conditions.
Finally, demonstrating damages can be challenging in bus accident cases. Some injuries are clearly caused by the accident. For example, an individual who was rear-ended by a bus and suffers back pain may almost certainly attribute that pain to the bus accident. However, a passenger on the same bus who suffers headaches after the accident may have a more difficult time proving that the headaches are directly related to the bus accident, and not due to stress or other circumstances in that individual’s life.
In any personal injury case, time is of the essence. If you wait too long to pursue a claim, you may be forever barred from filing a lawsuit. This means that you will solely be responsible for all of your medical bills that you incurred after the accident. At Leonard Legal Group, our New Jersey injury attorneys are trained to effectively handle bus accident claims. We offer weekend and evening appointments for your convenience and a free consultation to discuss the facts of your case. To schedule a free consultation, call our 24-hour call center at 973-984-1414 or contact us online.
Phone: (973) 984-1414
165 Washington Street
Morristown, NJ 07960
Franklin Lakes Office
841 Franklin Avenue Unit 6
Franklin Lakes, NJ 07417