Kokomo, IN Bus Accident Lawyer

Bus accidents in Kokomo can be devastating and life-altering. Unfortunately, victims of these accidents often face significant challenges and might not be aware of their legal rights.

If you have been injured in a Kokomo bus accident, our team can help you recover compensation. Bus accidents are complex, and multiple parties might be held responsible for your injuries. We know the challenges inherent in most bus accident cases and have the strategies to fight for what you are owed. We can also arrange for medical professionals to evaluate your injuries so we can determine the amount of compensation you are entitled to receive.

Contact Wruck Paupore by calling (219) 322-1166 for a free case evaluation with our bus accident lawyers.

Parties that You Can File a Claim Against for a Bus Accident in Kokomo, IN

Bus accidents in Kokomo are known for their complexity, as multiple parties could potentially bear liability. Our bus accident attorneys know how to assess these cases and what facts to look for to determine fault. It is not uncommon to name several defendants in a bus accident claim. The following are parties typically sued for bus accidents in Kokomo:

The Bus Driver

In many cases, the bus driver’s actions or inactions are a major factor contributing to the incident. Bus drivers might be negligent for various reasons, such as distracted driving, fatigue, or being distracted by another passenger.

If a bus driver’s negligence results in an accident, they and their employer could be held liable for the resulting injuries. Bus drivers in Kokomo are required to take all necessary precautions to ensure the safety of their passengers and other road users and should be made to pay when they fail in their duty.

Public Bus Companies

Public bus companies, such as those run by city or state governments, can also be held liable for bus accidents. These entities have a duty to ensure the safety of their passengers and the general public. This includes hiring qualified drivers, maintaining their buses properly, and ensuring their operations adhere to all relevant safety standards and regulations.

Public bus companies can usually be sued under the Indiana Tort Claims Act (ITCA). The ITCA provides certain protections for these companies but also makes exceptions for personal injury and property damage claims.

The ITCA generally shields government entities from legal claims under a principle known as “sovereign immunity.” However, it also carves out exceptions that allow individuals to sue these entities under specific circumstances. For instance, if a government-run public bus company is negligent in its operations, leading to a passenger’s injury or damage to their property, the injured party can file a claim against the company under the ITCA.

However, before filing your claim, you must file a formal notice of their claim with the agency that operates the bus you were injured on. This notice must include details of the incident, such as the time, place, cause, and the nature of the loss suffered. The bus company can then respond to this notice before the claim is filed.

Filing the notice is vital, as a claimant cannot sue the bus company until they have had 90 days to respond to your notice of claim. If the bus company denies the claim or does not respond within this period, you can proceed with your case.

Private Bus Companies

Private bus companies also have a legal obligation to ensure the safety of their operations. This includes hiring competent drivers, properly maintaining their vehicles, and following all relevant safety regulations.

If a private bus company fails to meet these responsibilities and an accident occurs, the injured party has the right to file a claim against the company. However, if the driver is at fault, the company can still be held liable under the principle of “vicarious liability,” also known as respondeat superior.

This is because employers are generally responsible for the actions of their employees while they are performing their duties. In other words, if a driver causes an accident while on the job, the company that employs them can also be held responsible for any damages resulting from the accident.

Other Passengers

In some bus accident cases, the fault might not lie with the bus driver or the company that operates the bus but instead with another passenger on the bus. If another passenger’s negligent behavior resulted in an accident, they could potentially be held liable for the resulting damages.

For instance, if a passenger assaults the driver, causing the driver to lose control of the bus, that passenger could be held liable for any injuries resulting from the ensuing crash. Similarly, if a passenger’s large or improperly secured item becomes a projectile during an accident, causing injury to others, that passenger could be held accountable for their carelessness.

However, proving liability in such cases can be complex. Evidence such as video footage from onboard cameras, testimonies from other passengers, and physical evidence from the accident scene can all play important roles in establishing fault in your claim.

Other Drivers

In other instances, another driver might be liable for a bus accident. If a driver’s negligence results in a collision with a bus, they could potentially be held liable for their share of the damages.

For example, if a driver runs a red light and collides with a bus, or if a driver is under the influence of alcohol or drugs and causes an accident with a bus, the driver could be held responsible for any resulting damages. Similarly, drivers who fail to yield the right-of-way to buses, make unsafe lane changes, or engage in distracted driving can also be held liable if their actions cause a bus accident.

In most cases, though, you will usually sue both parties. Liability can be determined during the claims process, and your chances of success tend to increase with multiple defendants in the case.

Evidence that Can Help Prove Your Kokomo, IN Bus Accident Case

Proving fault in a bus accident case requires thorough and compelling evidence. For instance, eyewitness testimonies can be incredibly valuable in a bus accident case. Witnesses can provide a firsthand account of what happened, potentially corroborating your version of events. They can also offer details that you were unaware of or had forgotten. Be sure to collect the contact information of any witnesses at the scene of the accident, as their testimonies could prove crucial later.

Your medical records will also help establish the extent and nature of your injuries, directly linking them to the accident. They also provide a basis for calculating damages. That is why you should keep detailed records of all medical treatment related to your injuries, including doctor’s visits, physical therapy, medications, and any needed medical equipment.

Our Kokomo, IN Bus Accident Lawyers Are Here to Support Your Claim

For a free case review with our bus accident attorneys, call Wruck Paupore at (219) 322-1166.