If you were injured in a crash involving a bus, there are a few things that you need to prove in order to win compensation for your damages (such as medical expenses, lost wages, etc.).
Under Texas law, a bus accident would generally be considered as a negligence case, therefore you must prove all of the following elements:
- That the bus driver owed you a legal duty,
- The bus driver did something to violate or breach the duty he or she owed you, and
- Because the bus driver breached his legal duty to you, you were damaged (injured in some way or incurred expenses or losses).
Proving The Bus Driver Was Negligent – Not As Easy As It Sounds
The three elements above, when met, constitute a legal construct referred to as “negligence.” Many people misuse the term “negligence,” or fail to understand it’s legal significance or requirements. This can lead bus accident victims to believe they have an easy, or “slam dunk” case, when this simply is rarely the case.
What makes proving negligence against a bus driver so difficult? There are many factors, but some include:
- Loss of evidence
- Proportional responsibility
- Missing witnesses or witness statements
- Witness tampering (including skilled investigators instructing bus drivers on what to tell the police, including lying or omitting facts)
- Deference given to bus drivers
- Assumptions regarding how drivers of passenger cars interact with busses
Don’t Fall Victim to Insurance Company Tricks
If you’ve been seriously injured in an accident involving a bus, either as another driver or a passenger on the bus, the insurance company will almost certainly try to take you for a ride, and they will do almost anything they can (including deception) to keep from paying you a fair settlement for your injuries.
Don’t risk your health or your financial future by falling victim to these tactics.
Get experienced and aggressive company vehicle lawyers in your corner today by calling us at (210) 910-4357 right now.
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