What to Do After a Bus Accident in Indianapolis?

The moments following a bus accident can be chaotic and confusing. However, understanding the right steps to take can not only ensure your safety but also fortify your position when pursuing a successful personal injury claim. It’s about more than just immediate response—it’s about safeguarding your future rights and interests. Steps to take after a bus accident include:

Get Immediate Medical Attention

First and foremost, seek immediate medical attention, even if you feel fine. Some injuries, such as traumatic brain injuries or internal bleeding, may not manifest symptoms immediately. This information will be useful as evidence of your injuries, and helpful to accurately calculate the damages to claim.

Report the Accident

Next, report the accident to law enforcement. It’s worth remembering the law mandates the operator of a vehicle involved in an accident resulting in injury or death must immediately, by the quickest means of communication, notify the local police department or the office of the county sheriff.

Gather Evidence

If possible, gather evidence at the scene. This can include taking photographs of the accident scene, your injuries, and any property damage. Also, try to collect contact information from witnesses.

This evidence can be crucial in establishing fault and the extent of damages in your claim. Following these steps will help both our firm and you get a better result. Contact us today for more information. There is no fee unless we win your case. 

Which Injuries Can You Claim After a Bus Accident?

With decades of experience assisting personal injury victims, we have seen many cases of motor accidents that involve buses. Due to the size of these vehicles, passenger victims can result in severe injuries and long treatments to recover. But if this is sadly your case, you can claim for any injury that was a direct result of the accident, including but not limited to:

Regardless of the nature of your injuries, it’s important to remember that you have the right to seek compensation for your suffering. The Indiana law recognizes the devastating impact of such accidents and allows victims to recover from their damages fully.

Bus Accident in Indianapolis

Who is at Fault? – Proving Negligence in a Bus Accident Case

But first, in order to recover compensation under Indiana law, you must prove that the other party was negligent. But determining who is at fault in a bus accident can be a complex process as it may involve the bus driver, the bus company, other drivers, or even government entities.

This involves showing that they owed you a duty of care, they breached that duty, and you suffered damages as a result.

What Is Considered Negligence in Indianapolis?

To establish fault and recover compensation under Indiana law, you must prove that the other party was negligent. This involves showing four key elements:

  1. Duty of care: The defendant owed you a duty of care. For example, bus drivers have a duty to drive safely and follow traffic laws, and bus companies have a duty to maintain their buses in a safe condition.
  2. Breach of duty: The defendant breached that duty of care. This could involve actions like a bus driver texting while driving or a bus company failing to replace worn-out brakes.
  3. Causation: The defendant’s breach of duty caused the accident. In other words, if the defendant had not breached their duty of care, the accident would not have occurred.
  4. Damages: You suffered damages as a result of the accident. This can include medical expenses, lost wages, pain and suffering, and more.

If these requirements are fulfilled, then you may have a case of negligence from the other actors involved in the accident. Still, as multiple parties might be involved in the accident such as drivers and bus companies, it’s often hard to identify who is at fault.

The Role of the Bus Driver and the Bus Company

If the driver was distracted, under the influence, or otherwise negligent, they could be held liable for the accident. The bus company can also be held responsible under the legal principle of “respondeat superior,” which holds employers accountable for the actions of their employees.

Additionally, if the bus company failed to maintain the bus properly or hired an unqualified driver, they could be directly at fault.

Other Drivers and Third Parties

Sometimes, other drivers on the road may be at fault for a bus accident. If a driver cuts off a bus, fails to yield, or otherwise behaves recklessly, they could be held liable. In some cases, third parties like manufacturers of faulty bus parts or government entities responsible for road maintenance could also be held accountable.

Indiana’s Comparative Fault System

It’s also important to note that Indiana follows a comparative fault system, which means that if you were partially at fault for the accident, your compensation could be reduced by your percentage of fault. However, if you were 50% or more at fault, you would not be able to recover any damages.

Also, if the bus is owned by a governmental entity, then contributory negligence applies instead of comparative fault, meaning if the person has any fault, he or she would not be owed compensation. 

Also, if the bus is owned by or the driver is employed by a governmental entity and the bus driver was at-fault, then you’d have to submit a tort claims notice, which has stricter deadlines than the standard Statute of Limitations.

This makes it even more crucial to have an experienced bus accident attorney in Indianapolis who can help you prove the other party’s negligence and minimize your percentage of fault in a strong case.

Contact Our Indianapolis Bus Accident Lawyer If You Need Legal Help

At Christie Farrell Lee & Bell, we’re committed to helping bus accident victims to get the justice they deserve. Our team of bus injury lawyers will fight for your rights and work diligently to secure the compensation you need to fully recover from your injuries and economic. Contact us today for a free consultation and let us evaluate your case.

Our Indianapolis Office

951 N Delaware St
Indianapolis, IN 46202

Phone: 317-488-5500