Philadelphia Bus Accident Lawyer
Our Philadelphia Bus Accident Lawyers Are On Your Side
A crash or collision involving a bus could result in severe injuries, property damage, and emotional trauma. However, if you or a loved one was injured in a crash due to another person’s careless or reckless act, you do not have to figure out how to move forward alone.
A Philadelphia bus accident lawyer from our law firm can help. Working with a lawyer could help you determine your legal options and file a bus accident claim to pursue full and fair compensation for your losses.
Filing an Insurance Claim After a Bus Accident
Passengers and operators in a bus crash might want to consider how to recover compensation through their auto insurance. While most states follow an at-fault auto insurance model, Pennsylvania operates under a no-fault insurance model.
Under no-fault insurance, those injured in automobile accidents may recover economic damages under their own personal injury protection (PIP) or medical benefits insurance coverage. Those seeking non-economic damages, such as pain and suffering, or additional economic damages that fall outside the scope of their own insurance coverage must meet certain threshold requirements.
However, unlike other no-fault states, Pennsylvania has a unique system that separates policyholders into two categories: limited tort and full tort coverage.
Limited Tort Coverage
Those that have limited tort coverage have a limited right to seek compensation outside of their own PIP claim. Under limited tort coverage, claimants may seek economic damages, such as medical bills and out-of-pocket expenses, but they are prohibited from seeking non-economic damages, such as pain and suffering.
In order to seek non-economic damages in court, limited tort coverage holders must meet Pennsylvania’s serious injury threshold. Pennsylvania Statutes §1705 states that the serious injury threshold requires permanent and serious disfigurement or serious impairment of a bodily function.
Full Tort Coverage
The more expensive of the two coverages, full tort insurance policies allow claimants to pursue both economic and non-economic damages that result from an accident without having to meet a serious injury threshold.
In a way, full tort coverage allows claimants to opt-out of the no-fault requirements. A Philadelphia lawyer who is familiar with both types of coverage could help anyone injured in a bus crash to understand how to best seek the compensation they need.
Pursuing a Civil Claim After a Bus Crash in Philadelphia
If a person’s insurance does not cover the extent of their losses, they might be able to file a civil lawsuit against the responsible parties. This requires the injured claimant to demonstrate how a motorist, pedestrian, or even bus manufacturer was at fault for the crash and their subsequent injuries.
If successful, a claim may be able to provide compensation for both economic and non-economic damages. However, anyone choosing to pursue a civil claim must be aware of the statute of limitations. This is a two-year deadline that begins from the date of the injury and dictates when a claim may be filed. After this timeframe passes, an otherwise valid claim might face a dismissal.
Lastly, it is essential for anyone looking to file a claim to understand Pennsylvania’s comparative fault rule. Simply put, this means that any claimant who is found to be more than 51 percent at fault for an accident would be barred from recovering any damages.
Any percentage of fault below 51 percent that is attributed to a claimant would still allow them to receive compensation, although the amount reward would be reduced to match their level of fault.
Common Causes of Philadelphia Bus Accidents
Bus accidents can occur due to a variety of factors. Understanding these common causes can help in establishing liability in personal injury cases. Here are some of the most frequent reasons for bus crashes:
- Driver Fatigue
- Long hours and irregular shifts can lead to drowsy driving
- Fatigue impairs reaction time and decision-making abilities
- Distracted Driving
- Use of mobile phones or other electronic devices
- Interacting with passengers or focusing on non-driving tasks
- Poor Vehicle Maintenance
- Neglected brake systems or tire maintenance
- Failure to address mechanical issues promptly
- Adverse Weather Conditions
- Slippery roads due to rain, snow, or ice
- Reduced visibility from fog or heavy precipitation
- Speeding and Reckless Driving
- Exceeding speed limits or driving too fast for conditions
- Aggressive maneuvers or failure to obey traffic signals
- Inadequate Driver Training
- Insufficient experience in handling large vehicles
- Lack of proper training for emergency situations
- Impaired Driving
- Operating under the influence of alcohol or drugs
- Driving while taking medication that affects alertness
- Road Conditions
- Poorly maintained roads with potholes or uneven surfaces
- Inadequate signage or confusing road layouts
- Overloaded or Improperly Loaded Buses
- Exceeding weight limits affecting vehicle stability
- Uneven distribution of passengers or cargo
- Other Drivers’ Negligence
- Reckless behavior of other motorists on the road
- Failure of other drivers to yield right of way to buses
- Defective Bus Parts
- Manufacturing defects in critical components
- Faulty design of bus systems or structures
- Insufficient Rest Stops
- Inadequate breaks for drivers on long routes
- Pressure to maintain tight schedules leading to fatigue
Each of these factors can significantly increase the risk of a bus accident. In many cases, a combination of these causes may contribute to a single incident. Identifying the specific causes of a bus accident is crucial in determining liability and seeking appropriate compensation for victims.
Types of Bus Accidents
Bus accidents can occur in various scenarios, each with unique circumstances and potential legal implications. Understanding these different types can help in determining liability and pursuing appropriate legal action. Here are some common types of bus accidents:
1. Public Transit Bus Accidents
- Involve city buses, metro buses, or other public transportation
- May have complex liability issues due to government involvement
- Often have many passengers, potentially resulting in multiple injury claims
- Examples: SEPTA bus accidents in Philadelphia
2. School Bus Accidents
- Can involve children as passengers, adding complexity to injury claims
- May involve additional regulations and safety standards
- Potential liability for school districts, bus companies, or individual drivers
- Can occur during pickup, drop-off, or en route
3. Tour Bus or Charter Bus Accidents
- Often involve long-distance travel, increasing the risk of driver fatigue
- May cross state lines, complicating jurisdiction in legal cases
- Can involve issues with improper maintenance or overloading
- Passengers may be from various locations, affecting case logistics
4. Airport Shuttle Bus Accidents
- Often involve frequent stops and starts in congested areas
- May have issues with luggage storage causing injuries
- Can involve tired or jet-lagged passengers, affecting their awareness
5. Private Company Shuttle Bus Accidents
- Used by businesses to transport employees
- May involve questions of employer liability
- Often operate on fixed routes during peak commute times
6. Intercity Bus Accidents
- Long-distance travel between cities (e.g., Greyhound)
- Higher speeds on highways can lead to more severe accidents
- May involve issues of driver fatigue due to long hours
7. Party Bus Accidents
- Often involve alcohol consumption by passengers
- May have unique safety concerns due to modified vehicle structures
- Can involve questions of liability related to alcohol service
8. Medical Transport Bus Accidents
- Involve vehicles designed to transport patients or individuals with disabilities
- May have specific safety equipment that could malfunction
- Often carry vulnerable passengers, potentially leading to more severe injuries
9. College Campus Bus Accidents
- Operate within or around college campuses
- May involve a mix of students, faculty, and public passengers
- Can involve questions of university liability
10. Double-Decker Bus Accidents
- More common in tourist areas or some city centers
- Higher center of gravity can increase the risk of rollovers
- Upper deck passengers may face more severe injuries in case of an accident
Each type of bus accident presents unique challenges in terms of determining cause, establishing liability, and pursuing compensation.
Factors such as the bus operator (public vs. private), the purpose of the trip, the type of passengers involved, and the specific circumstances of the accident can all play crucial roles in shaping a legal case.
Common Bus Accident Injuries from Bus Accidents
Bus accidents can result in a wide range of injuries, from minor to severe and even life-threatening. Due to the size and weight of buses, as well as the lack of safety restraints for passengers in many cases, injuries can be particularly serious. Here are some common injuries that can result from bus crashes:
- Whiplash:
- Caused by sudden jerking motions of the head and neck
- Can lead to neck pain, stiffness, and headaches
- Traumatic Brain Injuries (TBI):
- Range from mild concussions to severe brain damage
- Can result in cognitive impairment, memory loss, and personality changes
- Spinal Cord Injuries:
- May cause partial or complete paralysis
- Can lead to lifelong disability and need for ongoing care
- Fractures and Broken Bones:
- Common in limbs, ribs, and pelvis
- May require surgery and extended rehabilitation
- Internal Injuries:
- Damage to organs like the liver, spleen, or kidneys
- Often require immediate medical attention and can be life-threatening
- Lacerations and Contusions:
- Caused by impact with objects or surfaces inside the bus
- Can lead to significant blood loss or disfigurement
- Soft Tissue Injuries:
- Sprains, strains, and tears to muscles, ligaments, and tendons
- May cause chronic pain and limited mobility
- Psychological Trauma:
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety and depression related to the accident and injuries
- Burns:
- Can occur if the bus catches fire or if there’s contact with hot surfaces
- May lead to scarring and require extensive treatment
- Amputation:
- Loss of limbs due to severe crushing injuries
- Results in permanent disability and need for prosthetics
These injuries can have long-lasting effects on a person’s quality of life, ability to work, and financial stability. It’s crucial for bus accident victims to seek immediate medical attention, even if injuries seem minor at first.
Some injuries, particularly internal ones, may not be immediately apparent but can worsen over time if left untreated.
Frequently Asked Questions About Bus Accident Claims
If you’ve been involved in a bus accident, you likely have many questions about the legal process, your rights, and what to expect. Here are answers to some of the most common questions we receive:
1. What should I do immediately after a bus accident?
- Seek medical attention, even if you don’t think you’re seriously injured
- Report the accident to the police and get a copy of the accident report
- Gather contact information from witnesses
- Take photos of the accident scene and your injuries, if possible
- Contact an experienced bus accident attorney before speaking with any insurance companies
2. Who can be held liable in a bus accident?
Liability can fall on multiple parties, including:
- The bus driver
- The bus company or transit authority
- Other drivers involved in the accident
- The manufacturer of the bus or its parts (in case of mechanical failure)
- Government entities responsible for road maintenance
3. What types of compensation can I recover in a bus accident claim?
You may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- In severe cases, punitive damages
4. How long do I have to file a bus accident claim in Philadelphia?
In Pennsylvania, the statute of limitations for personal injury claims, including bus accidents, is generally two years from the date of the accident. However, if the bus is owned by a government entity, you may need to file a notice of claim much sooner (often within 6 months).
5. What if I was partially at fault for the accident?
Pennsylvania follows a modified comparative negligence rule. You can still recover damages as long as you’re found to be less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
6. How long does it take to settle a bus accident claim?
The timeline varies depending on the complexity of the case, the severity of injuries, and the willingness of involved parties to negotiate. Some cases settle in a few months, while others may take a year or more, especially if the case goes to trial.
7. Do I need a lawyer for a bus accident claim?
While not required, having an experienced bus accident lawyer can significantly improve your chances of receiving fair compensation. They can:
- Navigate complex legal procedures
- Negotiate with insurance companies
- Gather and present evidence effectively
- Accurately calculate the full extent of your damages
8. What if the accident involved a school bus?
School bus accidents may involve additional regulations and potentially different liable parties (such as school districts). These cases often require specialized knowledge of laws pertaining to schools and minors.
9. How much does it cost to hire a bus accident lawyer?
Most reputable bus accident attorneys work on a contingency fee basis. This means you don’t pay any upfront costs, and the lawyer only gets paid if they win your case, typically taking a percentage of the settlement or court award.
10. What if I was injured as a pedestrian in a bus accident?
As a pedestrian, you have the same rights to pursue a claim as any other accident victim. Your case might involve claims against the bus driver, the bus company, and potentially other parties depending on the circumstances.
Remember, every bus accident case is unique. For personalized advice about your situation, we recommend scheduling a free consultation with one of our experienced bus accident attorneys.
Schedule Your Free Consultation With One of Out Philadelphia Bus Accident Attorneys Today
If you or a loved one was injured in a bus crash or collision, you might be traumatized and overwhelmed. Despite the possibility of facing a pile of medical bills, you may be unable to work due to your injuries.
When a person, business, or another entity is to blame, you have legal options and might be able to successfully recover compensation with the help of a Philadelphia bus accident lawyer. With an experienced attorney assisting you along the way, you could feel more confident in your pursuing a claim for recovery.
To discuss your legal options in-depth, schedule a consultation by today.
