A bus crash can be a terrifying and overwhelming experience, leaving victims with injuries, emotional distress, and financial burdens. Whether you were a passenger, pedestrian, or another driver involved in the crash, knowing what to do next is important, not only for your health, but also your legal rights. Vermont law provides specific avenues for victims to seek compensation, but knowing the laws and navigating them successfully can be challenging.
If you or a loved one has been injured in a bus accident in Vermont, understanding your rights and the legal process can help you recover damages for medical expenses, lost wages, and pain and suffering. Continue reading to find out the steps to take after a bus crash, Vermont’s laws relevant to bus accidents, and how an attorney can help with your claim.
Consult with a Vermont personal injury attorney after an accident before you accept any offers from insurance. Brandon J. Broderick, Attorney at Law has a team ready to help.
Immediate Steps to Take After a Bus Crash
1. Seek Medical Attention
Your health and safety should be the top priority. Even if you feel fine, injuries from bus accidents may not be immediately apparent due to shock or delayed symptoms. Seeking medical attention ensures your injuries are properly diagnosed and documented, which is important if you pursue a legal claim.
2. Call 911 and Report the Accident
Vermont law requires that serious accidents involving injury or significant property damage be reported to the police. A law enforcement officer will investigate the scene, gather witness statements, and file an accident report. This report serves as an official record, which can be valuable in proving liability.
3. Document the Scene
If you can do so safely, take photos and videos of the accident scene, including:
- Damage to vehicles and the bus
- Road conditions and traffic signs
- Any visible injuries
- Weather conditions
- Contact information for witnesses
This evidence may be useful when filing a claim against the bus company or other responsible parties.
4. Collect Important Information
Gather details about the bus, the driver, and other parties involved, including:
- The bus company's name and contact information
- The driver’s name and license number
- Bus number and route details
- Insurance information
- Witness contact details
5. Avoid Making Statements About Fault
Be cautious about what you say to police officers, insurance adjusters, and others at the scene. Avoid admitting fault or downplaying your injuries, as these statements could be used against you later.
Vermont Laws Governing Bus Accident Claims
Liability in a Vermont Bus Crash
Bus accident claims in Vermont can be complex because multiple parties may be responsible, including:
- Bus Drivers: If driver negligence, such as distracted driving or speeding, caused the crash.
- Bus Companies: If the company failed to maintain the vehicle or properly train its drivers.
- Other Drivers: If another motorist’s negligence contributed to the accident.
- Government Entities: If the accident involved a public transit bus, a claim may need to be filed against a state or local government agency.
Vermont’s Comparative Negligence Law
Vermont follows a modified comparative negligence rule under 12 V.S.A. § 1036. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are more than 50% responsible, you may not be able to recover damages.
Statute of Limitations for Filing a Claim
Victims of bus accidents have a three-year statute of limitations under Vermont law to file a personal injury claim. If the claim is against a government agency, you may need to file a notice of claim much sooner. Failing to meet these deadlines could result in losing your right to compensation.
Filing a Bus Accident Claim in Vermont
Steps in the Legal Process
- Consult an Attorney: An experienced personal injury attorney can help evaluate your case, gather evidence, and navigate Vermont’s complex legal system.
- Determine Liability: Establishing fault requires reviewing police reports, surveillance footage, maintenance records, and witness statements.
- Calculate Damages: Compensation may include medical expenses, lost wages, property damage, and pain and suffering.
- Negotiate With Insurance Companies: Bus companies and their insurers often try to minimize payouts. A lawyer can help negotiate a fair settlement.
- File a Lawsuit if Necessary: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court.
Compensation Available After a Bus Accident
Victims of bus crashes in Vermont may be entitled to compensation for:
- Medical Bills: Emergency care, surgery, rehabilitation, and ongoing treatment.
- Lost Wages: Compensation for time missed from work due to injuries.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Property Damage: Reimbursement for vehicle repairs or replacement.
- Wrongful Death: If a loved one was killed in a bus crash, surviving family members may be eligible to file a wrongful death claim.
Why You Need an Attorney After a Vermont Bus Crash
Bus accident claims can be more complicated than standard car accidents due to multiple liable parties, complex regulations, and large insurance companies looking to minimize payouts. An attorney can help:
- Investigate the crash and gather evidence.
- Negotiate with insurance companies.
- File necessary legal paperwork within deadlines.
- Represent you in court if necessary.
Call Brandon J. Broderick For Legal Help
Navigating Vermont bus accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced bus accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.