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Madison Bus Accident Lawyers
Thankfully, bus accidents aren’t as common as other types of accidents, but they do happen. It could be terrifying if you or your child were involved in an accident while on a bus. You may wonder what options you have or what your next steps are.
Contact an experienced Madison bus accident attorney today to learn more about how we can help. Once you have taken care of any injuries that you have sustained, we will be here to help. We have over 20 years of experience helping other clients like you to move forward and get back to their lives. Call our office at (608) 448-6242 to start the process.
Who is Typically Injured in Bus Accidents?
It can be challenging to wrap your mind around a child being injured on a school bus, but it often happens. Passengers on city buses are also common victims of bus accidents. The driver of the bus (school bus or public transportation), nearby pedestrians, drivers of other vehicles, and more are also susceptible to injuries in a bus accident. Due to the size of a bus (similar to that of truck accidents), the results can be very traumatic to victims.
Who is Liable for Damages?
There can be more than one person involved in a bus accident that would be liable for damages. Generally speaking, if the driver of the bus was at fault, they personally could be held responsible, as well as the company that employed them. For example, suppose a municipal bus service owns the bus. In that case, there may be a fault established with the municipality in that routine maintenance was missed or inadequately done, causing the accident.
The bus manufacturer could also be liable if the brakes, engine, or other parts of the bus failed, and this caused the accident. Did the brakes fail, and did this cause an accident? An investigation can determine whether adequate maintenance was done or if the brakes were faulty due to a manufacturing error. The manufacturer would then be partially responsible for the accident if it is proven that a manufacturer’s part was defective.
How is Fault Determined?
Thorough investigations are done to determine who is at fault for an accident. Similar to car/truck accidents, several aspects go into proving fault. Accident recreation, expert advice, witness statements, video or pictures of the accident or the resulting damage are used to determine who is at fault for the accident. Police records and medical records are also gathered to establish responsibility.
Wisconsin follows a modified comparative fault rule, meaning that more than one person can be at fault for an accident, and their responsibility for compensation is calculated accordingly. For example, let’s say that a city bus was operating on a highway, another vehicle’s driver was distracted by texting and caused an accident, and one of the vehicles collided with the bus. Multiple parties are involved, so it is up to the courts to determine what percentage of fault each party has.
Driver One could be 90% responsible for the accident, and the other driver could be found to be 10% at fault due to their actions. This would mean that between the two drivers, the victim(s) of the bus accident could recover 100% of the compensation that was awarded. Due to this rule, even if the victim was partially responsible for the accident, they may still be awarded compensation, as long as they are not found to be 50% or more responsible for causing the accident.
Why Hire an Attorney?
Being involved in an accident can be overwhelming. Chances are all of us will be involved in at least one accident in our lifetime. Car, truck, or pedestrian accidents can seem a little more straightforward, and you may be left wondering what your options are or what the next steps are.
Our experienced personal injury attorneys from Wisconsin have worked with countless clients over the years, and we are confident we can help you to navigate this. We can provide you with the compassion you deserve and invaluable insight into what you can and should do moving forward. Call our office at (608) 448-6242 to learn more about how we can best assist you.
Pemberton Personal Injury Law Firm
5609 Medical Cir #4
Madison, WI 53719