Every lawyer knows the difficulties associated with proving negligence in a bus accident case. Considering the societal stereotype against bus drivers as the primary at-fault parties in accidents, it can be quite difficult to convince the judge or jury that other parties had a role in the accident as well.
Reputable lawyers, like the bus accident lawyers at Francis Firm Injury Attorneys, are available to help you navigate the complexities of the legal process. They have your best interests at heart and are committed to ensuring that you get maximum compensation for the injuries and damages that you’ve suffered.
The Hurdles that Come with Proving Negligence in Bus Accident Cases
Here are some of the challenges involved:
Complex Liability Structures
In a bus accident, there are usually different parties involved. The list includes:
- The bus driver
- The bus company
- Maintenance crew
- Government entities (if the bus is publicly operated)
It can be quite difficult to determine which of these parties should bear the responsibility for the accident. And in cases where they have to share responsibility, you’ll be faced with the dilemma of deciding the right quota of liability for each party.
Government Immunity
Publicly operated vehicles are considered to be government entities; therefore, they can be shielded from certain lawsuits. Before you can prove negligence in an accident involving a government entity, you will need to navigate through a complex web that can leave you tired and exhausted.
Additionally, there are other stringent requirements that must be met. The process is long and complex, and without the right attorney, you stand no chance against the government.
Limited Evidence and Witnesses
In some cases, you may be lacking independent eyewitnesses or surveillance footage. If the passengers are too injured or disoriented, you may have a hard time gathering witness statements.
If you are in Tampa, injured in a bus accident, seeking legal counsel from experienced firms like the Rebein can significantly help navigate such complexities.
If the at-fault party refuses to hand over crucial evidence, such as maintenance data for the vehicle, you’ll have to take legal action to subpoena these records. All of these add layers of complexity to the process.
Regulatory Compliance Issues
Commercial buses operate within a complex web of federal and state regulations designed to ensure safety and compliance. Your lawyer needs to prove, with evidence, that the driver did not comply with these regulations.
It can be difficult to identify the specific violations that contributed to the accident, and if your lawyer does not have a keen eye, they may miss these details.
Uneven Playing Field
The at-fault party may have substantial resources and legal teams to stonewall your claims. They may employ their resources to turn the jury against your claims.
In situations like these, you need to secure experienced legal representation to level the playing field. Resist the urge to represent yourself in an accident case. It never ends well.
Wrapping Up
Proving liability in a bus accident case, just like slip and falls and medical malpractice, is not a walk in the park. The four elements that must be established include the duty of care, breach of duty, causation, and damages. Once your lawyer has gathered the right evidence to establish each of these elements, they can overcome the challenges and get you the compensation that you deserve.
