While all accidents are serious, there is something especially scary about a bus accident. Injuries are often catastrophic, and victims might be left with lifelong complications. An attorney can assist you in getting compensated for your grievous losses.
You likely need some time to recover from your injuries and review possible legal options with an attorney, but you should file your case no later than 3 years after the accident. Otherwise, you might lose your right to sue. You need to prove how the defendant was negligent and that their negligence was the direct cause of the crash. To do this, we need as much evidence as possible. Evidence often comes to us from the scene of the crash, but we can look elsewhere, too. Fair compensation may vary based on your injuries and how the accident has affected your life, but bus accidents tend to involve significant damages.
Contact The Martello Law Firm, PLLC for a free case review to get started by calling (914) 685-6950 and talking to our bus accident lawyers.
The Right Time to Start a Bus Accident Case in White Plains, NY
Dealing with the aftermath and fallout of a bus accident can be overwhelming. You might be dealing with painful injuries, medical treatment, hospital bills, and deep psychological distress from the crash. Starting legal action might be the furthest thing from your mind at the moment, but it is crucial that you talk to a lawyer about your legal options soon. If you do not, you risk losing your right to take legal action at all.
According to C.V.P. Law § 214, people with personal injury claims, including claims related to bus accidents, have only 3 years from the date of the accident to get their case into court. This might feel like plenty of time, but remember, you are probably dealing with a lot, and time will pass faster than you think.
Even if you talk to a lawyer and begin working on your case before the deadline, waiting too long might jeopardize your case. Evidence might be lost and witnesses might relocate if you wait too long. Speaking with a lawyer as soon as possible is a good idea. While you spend your time focused on recovery, your attorney can get to work building a claim for damages.
How to Prove Your Claims in a White Plains, NY Bus Accident Case
If you have decided to pursue legal action against those responsible for the bus accident, your next step is figuring out how to prove your claims. First, our bus accident lawyers can help you determine what we must establish in court. Next, we can help you find the evidence you need to meet your burden of proof.
What You Need to Prove
Many bus accident claims are based on some kind of negligence. While we might generally think of negligence as being careless or reckless or showing a lack of caution, the law has established a more specific definition. Under the law, negligence is comprised of 4 distinct legal elements: duty, breach, causation, and damages. Our evidence must establish all elements for your case to succeed.
First, we must prove the element of duty. This is the legal obligation the defendant owed you at the time of the bus accident. Bus drivers typically have a duty to drive with reasonable safety under the current circumstances while obeying the laws of the road. They also must make sure passengers can safely board and disembark the bus,
Next, we must show the defendant’s breach of their duty. This could be something they did that violated their duty of care or something they should have done but failed to do. Ordinary traffic violations like running stop signs, speeding, or driving while distracted are common examples of breaches.
The third element is causation. This element refers to the causal link between the defendant’s breach of their duty and the accident. Simply proving there was a breach might not be enough. Plenty of bus drivers breach their duty without causing an accident. We must find evidence that shows the breach is the direct and proximate cause of the accident.
The last element is your injuries and damages. To have a valid claim, you need real and actual damages. You cannot sue for almost being injured. Your injuries need to be real. As such, we need evidence of your various damages, as detailed below.
How to Find Evidence
Finding evidence can be tricky. Sometimes, all sorts of evidence is available and easily obtained. Other times, evidence is very scarce. Just remember, it might be hard to find evidence supporting your claims, but that does not mean your claims are not valid or worth arguing in court. Our team can help you build a strong, worthwhile case on whatever evidence we can find.
Evidence should help you prove the elements mentioned above. Simply proving that the defendant was behind the wheel of the other vehicle might help you establish their duty of care. Security camera footage, photos from the accident scene, and witness testimony can help us prove the defendant was driving and owed you a duty of safety on the road.
Next, we need evidence showing the breach and how that breach is the direct cause of the accident. Again, things like videos and photos can help us paint a picture of the jury. If the defendant committed a traffic violation, the police might have issued a citation after their investigation. Alternatively, there might be records of the defendant’s blood alcohol concentration if they were intoxicated during the accident.
Your medical records and various other records regarding costs and losses from the accident might establish your damages. Medical bills, vehicle repair estimates, and your own testimony can help us prove your damages.
Contact Our White Plains, NY Bus Accident Lawyers for Assistance Now
Contact The Martello Law Firm, PLLC for a free case evaluation to get started by calling (914) 685-6950 and speaking to our bus accident attorneys.