Fishers, IN Bus Accident Lawyer

In Fishers, buses are a frequently used mode of transportation. Regrettably, accidents involving buses are also frequent, and it could prove challenging for those affected to obtain compensation.

If you've been in a bus accident, it can be difficult to determine who is responsible for your damages. Fortunately, our bus accident attorneys can assist you in identifying those responsible. These types of cases are complex, and it may not be immediately clear who should be held accountable for the accident. Typically, both the driver and their employer are responsible for negligence. But if you were injured while riding a public bus, obtaining compensation may be more difficult without the assistance of our firm.

Contact Wruck Paupore at (219) 322-1166 for a free case assessment with our bus accident attorneys.

Determining the Liable Parties After a Bus Accident in Fishers, IN

Dealing with a bus accident case in Fishers can be a complex endeavor. Determining the responsible party is not always simple, unlike regular car accidents. Fortunately, this is where our bus accident lawyers can be helpful. While the bus driver is usually held accountable for the incident, other parties often share the culpability. In your case, you could name additional parties, such as the bus company that employs the driver, which could be a local government agency and other reckless drivers. The following are the most common parties sued for bus accidents in Fishers:

Bus Driver

In cases of a Fishers bus accident, the bus driver is typically the initial party considered responsible. Since the driver is responsible for the safety of all passengers aboard, they can be held accountable if they did not exercise reasonable care while operating the bus.

Other Drivers

Bus accidents usually involve other vehicles, sometimes even multiple drivers. Despite being one of the biggest vehicles on the road, inattentive drivers can still easily miss buses. Imagine a situation where driver A cuts off driver B, who was speeding. As a result, driver B hits the brakes abruptly, causing a bus behind them to crash into their car. In such a scenario, both drivers A and B should share the responsibility for causing the accident.

Bus Company

It is also possible for you to take legal action against the bus company that employed the bus driver responsible for your accident. According to the legal principle of respondeat superior, employers can be held accountable for the actions of their employees. For instance, if the bus driver caused the accident by speeding between bus stops, you might be able to sue both the driver and the bus company.

Municipal and State Government Companies

If your injury was caused by a bus owned by a local or state government agency, there could be a chance to pursue legal action against them. Keep in mind that these agencies have "sovereign immunity," legal protection that usually prevents claims against them without their consent. Luckily, some exceptions permit victims to seek compensation for personal injuries caused by a government vehicle. However, giving written notice to the agency responsible for the bus is crucial before starting any legal proceedings, and the deadline for doing so after your accident is short so it’s very important to contact a lawyer as soon as possible after the incident.

Evidence Commonly Used in a Fishers, IN Bus Accident Case

When handling a Fishers bus accident case, having the right evidence is key to receiving the compensation you deserve. Knowing the significance of each type of evidence presented in your case is important. This will enable you to gather the necessary documentation to support your claims and prove liability on the defendant's part. Further, the evidence used in your case will tell the story of how the accident occurred and why the defendant is responsible for your damages.

Accident Reports

Official accident reports are usually generated by law enforcement officers who respond to the scene of an accident. These reports contain important details such as the date, time, location, weather conditions, and other factors discovered during the investigation. They also provide vital information about the circumstances leading up to the accident and help establish the sequence of events that caused the crash. It is worth noting that not only police reports but also those made by bus companies can be valuable resources.

Medical Records

Your medical records are also a crucial aspect of your case. These records document any injuries sustained, treatments received, and medical expenses incurred due to the accident. They play a significant role in demonstrating the severity of your injuries, the cost of your medical care, and any future medical needs resulting from the incident. Without these records, it would be challenging to calculate your financial losses accurately. Therefore, seeking medical care immediately after a bus accident is essential.

Eyewitness Accounts

Having eyewitness accounts of an accident can be extremely useful as they provide valuable insights into the circumstances surrounding the incident. The people who witnessed the accident can offer information related to what they saw, heard, or experienced during the event. This testimony can then be presented in court to support your claims and to establish the defendant's negligence.

Photo and Video Evidence

Finally, having photographic and video proof can effectively demonstrate the gravity of your bus accident and provide a comprehensive understanding of the situation during the trial. Fortunately, you can capture this evidence using your smartphone and save it for future reference. If the other party involved in the case tries to diminish the seriousness of the accident, these visual aids can easily refute their arguments, strengthening your credibility with the court and weakening theirs.

Time Limit to File a Bus Accident Claim in Fishers, IN

Each state has a specific time limit, known as the statute of limitations, for filing a bus accident claim. In Indiana, victims of bus accidents have two years from the date of the incident to file their case in Fishers, according to I.C. § 34-11-2-4. Failure to file within this timeframe or not meeting the exceptions listed below might result in the dismissal of the case.

Although the rule is generally strict, there are some exceptions when the clock starts ticking for filing a claim after an accident. For example, if the victim had a legal disability at the time of the accident, the clock would not start until the disability is resolved. This applies to victims under the age of 18 who were injured. Additionally, if the negligent driver left the state before you could file a case, you might have more time to do so. This is because it is usually impossible to serve notice of the claim to the defendant if they do not reside in Indiana. You might also have more time if the defendant hides their liability. In such cases, the clock will not start until the concealment is discovered.

However, when the bus company is owned or operated by a government entity, special notice procedures are required which must occur soon after the incident takes place. Many transportation options in Fishers are privately owned, but if you are injured in a publicly owned or operated bus in the greater Indianapolis area, these procedures are likely to apply. Contact a lawyer as soon as possible to determine if these special time limits apply to your situation.

Our Fishers, IN Bus Accident Lawyers Can Help

For a free review of your case with our experienced bus accident lawyers, call Wruck Paupore today at (219) 322-1166.