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The safety of millions, including children on the way to school, depending on the safe arrival of buses at each of their destinations. Over 6,000 bus accidents occur roughly every year.
If you were a driver or a passenger injured in a bus accident, you might benefit from the legal support of a local personal injury attorney. An experienced Hammond bus accident lawyer could review the circumstances of your case. They could help you develop a strategy on your journey to legal recovery. Reach out to learn more about the options you might have moving forward.
States either follow a no-fault or fault approach to car insurance. In no-fault insurance states, drivers only have one option for seeking relief. They may only file an insurance claim with their own insurance up to the policy limitations. If they want to seek additional remedies that either exceeds the policy limits or are not covered by the policies, such as non-economic relief, they would have to meet the threshold requirements of that state.
In states like Indiana that follow a fault insurance system, bus accident victims in Hammond have more options. Claimants have the option of filing a claim with the at-fault driver’s insurance company and could bring a civil action in court without needing to meet a threshold. But bus injury claimants also have the options of filing an insurance claim with their own insurance company in situations where the other party is uninsured or underinsured.
Under the doctrine of vicarious liability, an employer could be held liable for damages caused by their employee’s negligence under certain circumstances. Employers could be sued for their employee’s actions even if the employer did not know about the employee’s negligence. This could arise in situations where bus drivers or other company or municipal vehicles a bus collision in Hammond. The following factors must be present in order for an employer to be held vicariously liable for their employee’s negligence:
It is best to speak to a knowledgeable Hammond bus accident attorney to learn more about how an employer could be held liable for a collision.
If someone is injured in a bus crash in Hammond and are seeking damages against a negligent driver or their company, the issue of comparative fault would likely come into play. Rules of comparative fault determine how much and whether or not a plaintiff could recover damage if they were negligent as well. Indiana follows the 51 percent bar rule under Indiana Code §51-2-5. Under the rule, plaintiffs 50 percent or less at fault for causing an accident may recover, but their percentage of fault would reduce their overall damages. A diligent Hammond bus accident attorney could review the facts of the case and fight against claims of shared negligence.
The confusion and painstaking experience of negotiating with insurance companies and fighting for your rights in court could be just as challenging as overcoming the injury itself.
If you were injured in a bus accident, having legal counsel by your side could make the process of seeking legal relief much less frustrating and more efficient. A Hammond bus accident lawyer could help guide you through the legal procedures. Call today to get started on your case.