Collisions with buses, whether they are operated by a government entity or a private company, can result in catastrophic injuries for the victims. Buses are built for large capacity and often sacrifice mobility and visibility as a result.
Because of this, accidents involving other drivers and pedestrians are common. With buses dwarfing even the largest of personal vehicles, the forces placed on the human body as a result of a crash are immense.
A personal injury attorney can help the people involved in accidents with buses to fight for the compensation that they deserve for their injuries. Seek the services of a Medford bus accident lawyer today.
Bus Accident Laws in New Jersey
Most collisions between buses and other vehicles are accidents. While there may certainly be some instances where a bus driver intentionally causes a collision, most collisions are accidental.
Because of this, bus accident cases are examined through the lens of the legal theory of negligence. There are five parts, or elements, that must be met for a successful negligence claim:
- Duty – In some situations, the law places a responsibility on a person to protect others. This is known as a duty of care. Whenever a person operates a vehicle, including buses, the have a duty to protect other drivers, pedestrians and passengers
- Breach – A breach of the duty of care occurs when a person with a duty fails to protect others. This can be by an action they take, speeding for example, or by failing to take a protective action
- Cause – The injured person’s injuries must be the result of the defendant’s negligence. Defendants may attempt to argue that the plaintiff’s injuries were preexisting and thus not caused by the collision
- Scope – The plaintiff’s injuries need to have been logically caused by the accident, considering the facts of the case
- Damages – The plaintiff must suffer actual physical harm. While mental injuries such as pain and trauma may be added on, they are insufficient to stand on their own
Statute of Limitations
Another aspect of the law to remember is the statute of limitations. NJ Rev Stat 2A:14-2 states that plaintiffs in personal injury cases must file suit generally within two years of the accident. If the defendant was a private bus company, this holds true. However, there are specialized rules in place for when the defendant is a government entity. Title 59 of the New Jersey Statues states exactly when and how a plaintiff must file suit against a government actor.
The most important rule to remember is Statute 59:8-8 which states that a claim must be filed with the appropriate authority no more than 90 days from the accident. These rules are complex, but a Medford bus accident lawyer will be knowledgeable about the requirements and procedures.
How a Medford Bus Accident Attorney Can Help
People who have been injured in collisions with buses while driving their cars can be disoriented and confused. The laws governing who has the right to recover damages, and how to go about it, are complex. On top of identifying the correct defendant, the plaintiff must file claims with either insurance companies or government agencies within a strict time limit, in order to even begin the process.
A Medford bus accident lawyer is here to help these people. They can evaluate every aspect of your case to determine the correct defendants and initiate the claim the proper way. Most cases involving bus accidents settle before going to court but if a trial is necessary, a litigator will be at your side every step of the way to fight for the compensation that you deserve.
Whether you were injured as a motorist, a pedestrian, or even as a passenger on a bus, you have the right to recover damages for your injuries. Let a bus accident attorney join you in that fight. Time is of the essence, so contact someone today.