Of all vehicle accidents; bus accidents tend to sustain the highest number of fatalities. This is further confirmed by the National Highway Transportation Safety Administration (NHTSA) which says the statistics point to roughly a 37% fatality rate. This is not surprising given the lack of safety features like seatbelts in buses.
The following outlines the important things that we consider extremely useful and helpful in keeping you alive, and most importantly, helping you get the required treatment you need to get healthy and stay alive.
Determine Liability
This is the very first thing you need to do. What caused the accident? Who was at fault? Was it the driver or the other party? Did the other party suddenly cut in front of the bus, thus causing the driver to swerve suddenly resulting in a loss of control? Was the road too wet for traction? Alternatively, was the driver speeding in wet or snowy conditions?
Did the accident happen as a result of a lack of maintenance by the bus company? Did the bus company intentionally overlook some mechanical and electrical issues just to cut costs and save money? Was the accident caused by a jaywalker or an individual who wasn’t alert? Was it caused by an animal suddenly running across the road?
Did the driver suffer from a heart condition that could have impaired his driving? Was the driver too tired or was he suffering from sleep deprivation? Is it possible that he wandered off the road whilst dozing or lost concentration while at an intersection? There are so many questions that you need to ask to prove who was at fault. Starting with these will usually get you started and point you in the right direction.
File Claims for Medical Treatment
Once you get yourself or are checked into the hospital by the EMTs. You or a close family member should start filing for your insurance claims if you have any. It does not matter that the accident is minor or severe. Just make sure that you get a physical within 48 hours after the accident.
This is because going to the hospital after 72 hours will impact your payout negatively. So, make sure you have a clear detail of everything you remember that happened before during and after the accident.
Admittedly, this might be a bit difficult if you suffered a moderate to severe accident. However, whatever you can remember should go in a detailed report. Please note that the claims process is different when the driver's employer is the government.
Suing the Driver and Bus Company
To do this, you would need to get in touch with a seasoned and experienced personal injury and bus accident lawyer. This has to be specific because there are various rules regarding public transport that he will be familiar with. He’ll be able to give you a realistic outlook and possible results based on his experience with such accidents.
If the bus is run by the state government, then the whole thing will take a different turn and can be pretty complicated. Whatever you do, don’t do this alone. Let the lawyers advise you accordingly and take care of any issues that might arise from taking the insurance companies to court if they fail to compensate you adequately.
When not writing, Oscar King works for the Florida Department of Transportation, and has dealt with a number of these sorts of accidents. When they do happen, he usually refers people to Orlando Attorney David Heil for the best consultation and legal reprsentation.