The Basics of Legal Negligence
When someone files suit over the injuries they sustained in a bus accident, they typically do so under the theory of legal negligence. Negligence forms the backbone of most personal injury case, including those in which corporate or government entities are to blame rather than an individual person.
Simply put, someone may be legally negligent when they do something irresponsible that causes someone else to suffer an injury. To prove that the defendant in a civil lawsuit was negligent, the filing plaintiff must demonstrate that all elements of legal negligence apply to their case. These elements are as follows:
The defendant owed a duty of care to the plaintiff
Through a reckless, careless, or intentional act, the defendant violated their duty of care
As a proximate or direct result of the defendant’s breach of duty, an accident occurred resulting in at least one physical injury
The accident proximately caused all the compensable damages over which the plaintiff is filing suit
Some of these elements can be difficult to prove. For instance, it is assumed that all licensed drivers have a duty to drive responsibly and safely around other drivers, bikers, and pedestrians with whom they share public roads. Conversely, there may be numerous questions about which specific party or parties are to blame for an accident, whether their actions directly caused that incident, and whether a collision is the primary source of a plaintiff’s injuries and losses. Fortunately, our skilled attorneys in Florida could help someone establish negligence in their bus accident claim.
What to Do After a Bus Wreck
It can be hard to know what to do in the immediate aftermath of any kind of auto accident, especially if you were just a passenger instead of a driver actively involved in the wreck. However, there are several key steps that a injured parties should take to strengthen any personal injury case they choose to pursue later.
First and foremost, if a bus passenger suffers any kind of injury in an accident, it is extremely important that they document their injuries and any subsequent conditions as much as possible. If possible, injured claimants should take photographs or video footage of the accident scene, and they should inform eyewitnesses of their injury so its relationship to the crash can be corroborated in court.
Those involved in a wreck should also seek professional medical attention as soon as possible, even if they do not think they are severely injured. Beyond the fact that some auto accident injuries take a few hours or days to result in any noticeable symptoms, medical documentation also is crucial to proving that an injury exists and that it stemmed directly from a particular accident during civil litigation.
One of the most important things that someone involved in a bus accidents should know is that the should avoid talking to insurance adjusters or lawyers representing potentially negligent parties without securing legal counsel of their own first. Insurance companies and experienced defense attorneys are well-practiced at taking statements out of context and avoiding liability on behalf of their employers. Our lawyers in the area could help a potential claimant avoid saying or doing anything that could harm their chances of recovery in their bus wreck case.