Operators of commercial carriers such as trains, planes, and buses owe a substantial duty of care to every passenger they transport, as well as every person around them. If a negligent bus driver or company directly leads to an accident resulting in your injuries, they may be held accountable for your losses.
Proving liability and recovering compensation after this kind of incident can be complicated, especially if you are without a qualified personal injury attorney’s guidance. By working with a knowledgeable Ponchatoula bus accident lawyer, you could successfully demonstrate who was at fault for the accident and receive fair restitution for your losses.
There are several groups of people who may be responsible for a crash like this depending on each circumstance. These groups could include bus drivers, commercial carrier companies, manufacturers, third parties, and government agencies.
Negligence can take various forms in the context of a bus accident, not all of which involve recklessness or carelessness by the bus driver or lead to a collision with other vehicles. While a driver running a stop sign constitutes negligent behavior, so too would a company hiring someone unqualified to safely operate their vehicle, or a manufacturer proving subpar maintenance checks.
A third party who acts negligently around a bus may also be found partially or primarily liable for a wreck and subsequent damages. Even injured passengers may be found partly to blame for their own harm if they ignored instructions from their bus driver. In cases like this, Louisiana Civil Code § 2323 allows a court to reduce the injured party’s recoverable damages by their percentage of fault if comparative negligence is involved.
Working with a Ponchatoula attorney experienced with bus crashes could be crucial to contesting accusations of comparative fault and maximizing the amount of compensation available. Assistance from seasoned legal counsel may also be important to building a claim within applicable filing deadlines, which LA Civ. Code § 3492 sets at one year after discovery of injuries in most situations.
Bus accident litigation can be complex if the party responsible for managing the common carrier in question is a government agency. While it is possible to file suit against a school district or municipal authority for negligence leading to a bus crash, there are several restrictions set by state law that could impede a plaintiff’s pursuit of restitution.
Louisiana Revised Statutes § 5106 establishes that neither the state nor any political subdivision thereof may be found liable for more than $500,000 worth of damages—with exceptions made for medical expenses, losses of current and future earnings, and property damage. A dedicated public transport crash attorney in Ponchatoula could help someone navigate filing against a government agency.
Getting involved in any wreck involving a commercial or public bus can have debilitating economic and non-economic repercussions. Proving another party is legally responsible for your accident and injuries can be a challenging task to accomplish alone. You do not have to defend your rights and best interests by yourself in a situation like this. Contact a Ponchatoula bus accident lawyer today to learn how we could navigate your case to ensure the best outcome for you.
Parker Layrisson Law Firm