Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
If you have been involved in a bus accident you may have suffered extremely serious injuries that may require lifelong care. There are several types of incidents that can occur with a bus, for example, you may have been a passenger on the bus, a pedestrian or another driver on the road.
Regardless of how the accident occurred, due to the size of buses, any accident one is involved in typically tends to be serious. You may have to deal with serious physical repercussions leading to ongoing medical issues.
Depending on your injuries you may be unable to return to work or at least return to the amount of work you were able to do before. Either way, this places a great financial burden on you and your family. It may be in your best interest to contact a Findlay bus accident lawyer. By meeting with an experienced lawyer, you can ease some of the concerns you have by having someone else deal with the legal aspects of your situation.
For bus accidents to recover for injuries, one generally must show that the other person was negligent. In order to prove that a person was negligent in causing injuries, it must have to meet the four elements of negligence.
First, a Findlay bus accident lawyer will have to show that the other person had a duty of care. Usually, in this sort of situation, the duty of care is to act as a reasonable bus driver in the same circumstances as another bus driver would act.
Second, there must be a breach of that duty of care. To show this, the driver must have not acted in a reasonable way.
The next element is causation, a Findlay bus accident lawyer must show that the other person actually and proximately caused the injuries. Actual cause means that but for the other person’s actions, they would not have been injured. For proximate cause, a bus accident attorney in Findlay will have to show that it was foreseeable that this type of injury would occur when acting in a certain way. Also, there was no other intervening cause that came in between the other person’s negligent actions and a person’s injuries
The last element of negligence is showing that there were injuries. This is probably the easiest element to prove as one can show this through the physical injuries they have suffered and through medical records.
In Findlay, a person has two years from the date of injury to file a lawsuit. However, do not wait until the last minute to start a case. The longer someone waits, the harder it can become for a Findlay bus accident lawyer to find witnesses, documents and to prove all the elements of the claim.
Finally, there is a legal concept called respondeat superior. Under this concept when an employee is negligent while working then they can sue not just the individual employee but also the employer. A Findlay bus accident lawyer would be familiar with this concept.
This may make sense if the person responsible for an individual’s injuries is a bus driver that works for a large company that has a better chance of actually paying the money they need to move forward with their life.
The laws regarding negligence and employer liability can be complicated so it is a good idea to meet with a Findlay bus accident lawyer to get a better understanding of the law. Furthermore, your lawyer may be able to provide you with options outside of litigation.
For example, if you want your attorney can negotiate with the bus company or with the insurance company to reach an agreement so that you do not have to go to trial.
Charles E. Boyk Law Offices, LLC