Frisco Bus Accident Lawyer
The two main components of a personal injury bus accident case are liability and damages. The liability portion of the case goes to fault, or responsibility, for the accident. In most bus accident cases, bus companies and their insurers try to limit their liability exposure to the greatest extent possible.
In order to recover compensation for damages in a Frisco bus accident case, an injured driver or bus passenger must be able to demonstrate that the bus driver, the owner of the bus, or another motor vehicle driver was responsible for the accident because of their own negligence. A Frisco bus accident lawyer could help you with the elements of your personal injury claim. An experienced personal injury lawyer can help you review the extent of your damages and help determine liability.
Proving a Bus Driver’s Negligence
To successfully prove negligence against the driver, the injured party and their Frisco bus accident lawyer must prove that the driver breached a duty of care for their passengers and other drivers on the road. They must also show that this breach resulted in certain injuries and damages. In other words, the injuries and damages suffered must causally relate back to the accident itself.
If the bus driver engaged in distracted driving or drove in a careless, reckless, or negligent manner under the circumstances, their behavior may be considered a breach of their duty of care, and therefore qualify as negligent.
However, if instead the bus driver was driving carefully and did nothing wrong, the plaintiff in a bus accident case must then be able to prove that another motor vehicle driver negligently collided with the bus on which the injured passenger was riding.
Understanding the Role of the Bus Company
In addition to the bus driver or other motor vehicle driver, the injured bus passenger could name the bus company——as a defendant in any claim or lawsuit that is filed. The bus company could be held vicariously liable for the bus driver’s negligence, and may also be held accountable for some or all of the resulting injuries and damages. In order for the bus company to be deemed vicariously liable in a bus accident case, two key conditions must be met:
- The bus driver must have been employed by the bus company at the time of the bus accident
- The bus driver must have been acting within the scope of their employment (i.e. been on the job) at the time of the accident
Frisco bus accident lawyers know that passengers can allege that the company or school board was negligent in hiring, retaining, or supervising the bus driver. This option can be especially useful in cases where the bus driver had a prior history of accidents, moving violations, or civil traffic infractions.
Proving that a City, County, or Municipality was Negligent
If the bus accident occurred on a city, county, or municipal bus, the injured passenger could name one or more of those entities as defendants in a claim or lawsuit that is filed with the court. The basis for such a claim or lawsuit would be similar to a negligence claim raised against a bus company but has limited liability as to the amount of damages as prescribed by the Texas Tort Claims Act.
Speaking With a Frisco Bus Accident Lawyer
Reviewing your bus accident case and proving fault and damages can be difficult to manage on your own. Insurance agents representing bus companies are generally not on your side and tend to vigorously defend bus accident cases.
For these reasons and many more, a qualified attorney who will fight for your right to recover monetary compensation could level the playing field in your case. A Frisco bus accident lawyer can negotiate with the insurance company on your behalf, or take your case to trial if a favorable resolution cannot be reached.