Ylla Gosney, Attorneys at Law helps accident victims in Tulsa. Of all the different types of accidents you could be involved in, vehicle accidents are very common. If you’re in a bus accident, the aftermath can feel overwhelming. Our experienced team of lawyers is here to help you find clarity and support during this difficult time. Contact us today for a free consultation.
Do You Need a Lawyer After a Bus Accident?
Buses are designed to carry many passengers and are built to be safe, with large, sturdy frames to protect those inside. But what happens if you’re in an accident with such a big vehicle? The simple answer is that you’re likely to be seriously injured.
Whether or not you should hire a lawyer depends on the situation. If it’s a minor accident, like a small fender bender, you may not need a lawyer. However, most bus accidents lead to serious injuries, even if you’re just a passenger. In that case, it’s a good idea to contact our team.
We can explain your rights, investigate the accident, determine who’s at fault, and make the legal process easier for you.
Who’s Liable For Damages in a Bus Accident?
One of the more confusing parts of a bus accident in Tulsa involves figuring out who’s legally responsible–or liable–for it. Obviously, a lot of different people can be involved in one of these accidents. But at the same time, a bus accident is still a vehicle accident, which means that liability is ultimately going to be decided by negligence.
This means showing that:
- There was a legal duty to act in a safe manner
- This duty was “breached” when someone was negligent
- This breach led to the accident
- The accident caused your injuries or other eventual losses
This might give you the actual legal standard for liability, but in the real world, this can be a lot more complicated. However, it’s ultimately going to boil down to what actually happened to cause the bus accident itself. Most of the time, though, the following are going to be involved when it comes to liability:
- The bus driver – The bus driver must drive safely and follow traffic laws. If they’re careless–by speeding, being distracted, or not following traffic laws–and cause an accident, they can be held responsible for the injuries.
- The bus company – The bus company must make sure drivers are trained and buses are properly maintained. If they fail to do this, such as by letting unqualified drivers work or not fixing mechanical problems, they can be held liable for accidents that happen.
- Bus or parts makers – If faulty brakes or malfunctioning safety features caused the accident, the manufacturer may be liable.
- Companies that leased the bus – If the leasing company failed to ensure the bus was safe to operate, they could share some responsibility.
- Companies responsible for loading or shipping the bus – Overloading or improper loading can lead to accidents, and these companies could be held accountable.
- Passengers who distracted the driver – If a passenger’s behavior led to the driver losing control, they may be partly at fault.
- Maintenance personnel – Poor maintenance or failure to repair known issues can place liability on those responsible for the upkeep of the bus.
- Tulsa’s government agencies – If road conditions, faulty traffic signals, or other government-controlled factors contributed to the crash, the local government could be liable.
Like any accident, it’s absolutely crucial that you figure out all of the liable parties so you can get the most out of the legal process. However, even with liability taken care of, you still have to actually go through the claims process to get your damages.
What’s the Claims Process After a Bus Accident?
The good news–at least relatively speaking–is that the claims process after a bus accident is the same as any other vehicle accident. Since you’re the victim of negligence, you get to file an injury claim to recover damages.
To do this, you have two main options: filing an insurance claim or filing a lawsuit. Which option you choose is up to you, but there’s a few differences. An insurance claim is much less formal and gives you quicker access to a settlement. However, it’s totally controlled by the insurance company. They get to decide how strong your claim is and what they offer you in a settlement.
If your insurance offer doesn’t cover all your needs, you can then move on to a lawsuit. This process is much more formal and takes longer, but it’s overseen by a judge. This means that it’s much more impartial and gives you a better shot at fuller damages, which can include things like your:
- Medical expenses and ongoing care needs
- Lost income from missed work or loss of earning potential if you can no longer work
- Repair/replacement costs for your car or other damaged property
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses if the accident turns fatal
While these damages usually make up most of your financial support after a bus accident, it’s important to remember that a fair outcome isn’t guaranteed. The responsible party’s insurance company ultimately decides how much to offer in a settlement–or what evidence and information is available in a lawsuit if it gets that far. They often try to pay as little as possible, so it’s crucial to take steps right after the accident to protect your claim.
How to Protect Your Bus Accident Claim
You never want to be in a bus accident–whether it’s as a passenger or (more likely) if you’re driving your own car. But at the same time, given just how common these vehicles are on the road, it’s always a possibility. When an accident does happen, you have to shift your focus to what you can do to protect a potential claim:
- Take care of your health – Call 911 for an ambulance immediately, even if you don’t feel hurt. Later, once it’s safe, visit a doctor or emergency room for a full check-up.
- Report the accident – At the same time, call the Tulsa PD or local police to investigate and clear the scene. The police should also file an accident report, which is vital for starting your claim.
- Collect information and evidence – Get the contact and insurance details from the bus driver, other drivers, and witnesses. Take photos or videos of the scene, any vehicle damage, and your injuries.
- Get documentation – Keep records of your medical care, accident-related expenses, and all communication with insurance companies or anyone involved in the case. These documents will support your claim.
- Be careful with statements – Don’t give any statements or sign anything before talking to us. If you do talk initially to an insurance rep or police, just stick to the facts of what happened. Insurance companies could try to use your words to reduce your potential settlement offer.
Bus accidents often cause more severe injuries than regular car accidents, making these steps harder to follow. However, you can rely on our team for help and support every step of the way. Understanding these accidents better can also help you protect your claim.
What Kind of Bus Accidents Happen in Tulsa?
Whether you see a school bus operated by Tulsa City Schools or a Tulsa Transit bus, being in an accident is something that’s fairly common throughout the city. But there’s certain things about bus accidents that make them much different than normal car accidents. Namely, this involves the structure of the bus itself. They’re obviously much larger and heavier, designed to keep passengers safe while also carrying as many passengers as possible.
That said, this also contributes to accidents, since these vehicles are difficult to control and maneuver in tight spaces–which is also where these buses are most common. So, in order to better understand your legal options, you should look at the different types of bus accidents that usually happen here:
- Rear-end collisions – A bus may be hit from behind by another vehicle or cause a rear-end collision itself, often in heavy traffic or during sudden stops.
- Hitting objects – These involve a bus losing control and crashing into objects like guardrails, poles, or buildings. This can be caused by bad weather, mechanical failure, or driver fatigue, and put passengers at risk for injuries from being thrown or jostled inside the bus.
- Rollovers – In severe cases, a bus may tip over due to sharp turns, excessive speed, or a high center of gravity, putting all passengers at risk of serious injury.
- Pedestrian or cyclist accidents – Sometimes, buses may hit pedestrians or cyclists, especially in busy areas or at intersections where visibility is low or drivers are not paying attention.
Remember, these accidents usually result in serious injuries like head trauma, spinal cord damage, broken bones, and deep tissue injuries, which can make recovery overwhelming. If you’re facing these challenges, our experienced bus accident lawyers are here to help. We have a strong history of successfully managing these cases and can handle the legal details while you focus on getting better.
Frequently Asked Questions
How long do you have to file a bus accident claim?
You have two years from the date of the accident to file.
Do I need a lawyer to file a claim?
While it’s possible to file a claim on your own, having our experienced bus accident lawyers can help make sure that you get a fair settlement offer and get through the legal process effectively.
Can I still file a claim if the bus driver isn’t responsible?
If the bus driver was not responsible for the accident, you can still file a claim against other liable parties, like another driver or a part manufacturer if defective equipment was involved. We can help you understand what your best option is.
Contact Ylla Gosney After a Bus Accident in Tulsa
At Ylla Gosney, our team of experienced Tulsa bus accident lawyers is here to help if you’ve been injured. We understand how challenging this situation can be, and with our experience and resources, we can support you and your family in the recovery process. We’ll explain your legal options and guide you every step of the way. Contact us today for a free consultation to get started.