St. Charles Bus Accident Lawyer
Are you looking for a St. Charles bus accident lawyer? Get in touch with The Mutrux Firm Injury Lawyers today!
Bus accidents injure thousands of people every year. These kinds of vehicles are unwieldy, have large blind spots, and are much larger and heavier than most other vehicles on the road. A collision with a bus is likely to cause significant damage.
If you have suffered harm in a public transit accident, you could bring a claim for damages with help from a dedicated injury attorney. A St. Charles bus accident lawyer could review the facts surrounding your case and determine the merits of your claim.
Bus accidents can have extreme consequences for those involved.
Does Negligence Need to Be Proven in Bus Accident Cases?
When a plaintiff files a claim seeking compensation for personal injuries caused by a vehicle accident, negligence must be proven. Establishing negligence requires a plaintiff to show that someone owed them a duty, breached it, and that the plaintiff suffered an injury because of that breach.
In vehicle accident cases, it is understood that everyone using the roadways owes other drivers and passengers the duty of reasonable care. Specifically, all drivers have obligations to conform to driving norms, obey traffic signals, comply with traffic laws, and avoid reckless behavior that might put others at risk. If a bus driver is violating the law or operating the vehicle in a way that is not adequately protective of other drivers or pedestrians, the driver could be negligent.
Many parties in a bus accident could be held liable for damages besides the bus driver, including:
- The driver’s employer
- Drivers of other involved vehicles
- Bus maintenance company if poor maintenance contributed to the accident
- Bus manufacturer if mechanical failure was a factor
- Municipality where the accident occurred if signage or road maintenance was an issue in the collision
A local lawyer could reconstruct a bus accident to identify all liable parties who may have owed a duty of care to the plaintiff.
Is There a Deadline for Seeking Compensation?
There is a five-year statute of limitations for personal injury claims in Missouri, which is a more generous deadline than other states. However, there is a special circumstance that often comes up in bus accident claims which shortens the time drastically. If the state or a municipality within the state is a potential defendant in the personal injury suit, Missouri Revised Statutes §81.060 says the plaintiff has only 90 days from the date of the accident to file a formal claim.
This situation might arise if a plaintiff was injured in an accident involving a bus owned by a government entity or driven by a government employee. For example, a person who was in a collision with a St. Charles city bus might file a claim against the city if the driver was negligent or the bus was defective or poorly maintained. A government might also be a defendant if road conditions were a factor in a bus accident. In that case, an injured victim could make a claim against the government agency charged with keeping the roads safe for drivers.
If an injured plaintiff fails to file a notice of claim within 90 days of suffering their injury, they will not be able to proceed against that government entity. Securing a nearby bus accident attorney’s services immediately after a crash could ensure that all proper notices are filed timely and preserve the plaintiff’s right to seek damages against all potential defendants.
Why Hire a St. Charles, Mo. Bus Accident Lawyer?
You might wonder why it is best to hire a St. Charles bus accident lawyer rather than just handle the matter alone. One of the main reasons you should hire an attorney is to get the help you need to navigate the legal proceedings. Your attorney is familiar with the law and will help you file your claim before the statute of limitations expires.
When you trust The Mutrux Firm Injury Lawyers, we will help you assemble a compelling case, with evidence from the scene and eyewitness testimony, interview medical experts, and even consult experts in the field to get their opinion on the accident.
Attorneys in St. Charles also know how to negotiate with insurance companies when deciding which damages you will receive. If court is necessary, we can fight on your behalf every step of the way.
Throughout the process, we are on your side to answer any questions you might have and will handle the entire legal process from beginning to end. Furthermore, we do not ask for payment unless we win your case and award you the compensation you deserve.
Who Should Be Held Liable for My Bus Accident?
When an accident occurs involving a bus, many different individuals and organizations could be held responsible. This is extremely complex, as insurance companies, the manufacturer, and the driver could be held liable.
So, what causes bus accidents in St. Charles? There are a few common reasons a bus accident could occur.
- Driver Experience: The experience that the driver has behind the wheel is crucial to determining fault. Often, those over 55 years old are more likely to cause an accident.
- Driver Fatigue: In many cases, drivers are not properly rested. They drive for long hours with little rest. This could cause drivers to fall asleep behind the wheel, causing a catastrophic accident.
- Driver Action: Driver errors such as speeding or driving recklessly contributed to bus accidents in St. Charles.
- Conditions of the Roadway: Buses are large vehicles and therefore, are difficult to drive during adverse weather conditions. Even more difficult is if there is construction. If a bus accident happens in a construction zone, the construction company could be held at fault for a number of violations.
- Road Hazards: There are many road hazards to be aware of around St. Charles. Some of these include:
- Defective pavement
- Malfunctioning traffic lights
- Road Obstacles
- Dangerous gradients
There are a number of parties that could be liable for road hazards, including the local government or a third-party contractor that did not correctly repair the roadway.
Bus Company
The bus company can be held liable for your damages if they are at fault, as they have a certain duty of care to keep their passengers safe at all times. This includes drivers getting proper sleep and adequate training. The bus company is often held liable, as driver fatigue is one of the leading causes of bus accidents in St. Charles.
The bus company must also ensure that the buses are being properly maintained and inspected to remain roadworthy. Components such as tires, lights, and engine reliability must be carefully monitored to honor their duty of care toward passengers.
Bus companies must also ensure that they are hiring and training the correct drivers. They must have all the proper licensure and be trained according to the law. Regardless of the cause of the accident, your St. Charles bus accident lawyers are here to help you every step of the way.
Bus Manufacturer
The bus manufacturer could also be held liable if an accident occurs due to the lack of recalls on defective parts or if the model of the bus has an insufficient design. If the manufacturer caused the bus accident, this would fall under product liability, as they should have been aware of the issues.
In most cases, these companies have a team of lawyers to try and place the blame on the accident victim. However, when you trust the Mutrux Firm Injury Lawyers, you can be confident you have the best representation possible for your case.
Bus Driver
The bus driver could also be held at fault for the accident, even though they were properly trained by the bus company. Driving mistakes such as being distracted, causing them to miss traffic lights and stop signs, could have catastrophic results. When you board a bus, you have a reasonable level of trust in the driver to get you to your destination safely. Injuries can often occur when this trust is broken and they do not take their job seriously.
Other Motorists
There are some cases where the bus driver, company, or manufacturer are not found at fault. Other drivers could make reckless decisions on the St. Charles roads, and cause collisions. If this is the case, and the bus driver did all they could to avoid the accident, the other motorist will likely carry most of the liability. Your attorney will determine the parties liable for your accident and help you get the maximum compensation you deserve for your case.
St. Charles School Bus Accidents
School bus accidents are, unfortunately, one of the most common types of bus accidents around St. Charles. Although the bus driver, manufacturer, or company would be held liable, there is another component with school bus accidents: the school district themselves.
If the school knew there were adverse conditions and refused to cancel school, and an accident occurred, they could be held partially liable for damages. Another example is if the school district did not properly hire or train drivers for the task at hand.
How Much Compensation Can I Expect To Receive from My St. Charles Bus Accident?
The compensation you receive in your bus accident claim will likely depend on the severity of your injuries, and the medical costs incurred to treat you. There are normally two types of damages you can receive, economic damages, and non-economic damages. Let’s review these in more detail below:
- Economic Damages:
- Medical expenses
- Future Medical Costs
- Lost Wages
- Diminished earning capacity
At the Mutrux Firm, we take great pride in helping our clients, and we want to ensure you receive the maximum compensation. We will take into account all of these variables and assemble a compelling case.
- Non-economic damages:
- Pain and suffering
- Emotional trauma
- Loss of consortium
- Diminished quality of life
The Mutrux Firm is here to help, no matter what type of injuries you’ve experienced. We will fight for you until we are satisfied with the amount received in settlement.
Trust an Experienced St. Charles Bus Accident Attorney to Handle Your Injury Case
If you are recovering from a bus accident, you should focus on healing and planning your next steps. You should not be dealing with the stress that comes with trying to secure proper compensation for the negligent actions of others.
Working with a skilled St. Charles bus accident lawyer could make the process easier on you and ultimately lead to a better result. Contact our office to schedule a case review today.