Passengers and drivers in Marietta are exposed to the risk of sustaining severe injuries in case of a bus accident. Such incidents could pose a challenge for those affected to obtain compensation, as they might not be aware of their legal rights.
In case you are in a bus accident in Marietta, it is very important that you seek help from an experienced attorney who can help you recover damages for the injuries you might have sustained. Bus accidents can be complicated, as the responsibility for the injuries might lie with multiple parties. Typically, the bus company is held accountable for the driver’s negligence. However, several other parties could be liable for your damages, making the chances of recovering compensation greater.
Contact Howe Law at (844) 876-4357 for a free case evaluation with our bus accident attorneys.
Parties that Can Be Held Responsible for a Bus Accident in Marietta, GA
Dealing with bus accident cases in Marietta can be a complex process. Unlike regular car accidents, it is not always easy to determine who is at fault. Fortunately, our team of bus accident attorneys is available to assist you in obtaining compensation from the responsible party. Although the bus driver is typically the one held accountable, there might be other parties who also share the responsibility. For instance, you might be able to name additional parties, such as the bus company that employs the driver, which could be a local government agency, and other negligent drivers. The most frequently sued parties for bus accidents in Marietta include the following:
Bus Driver
In Marietta, if a bus accident happens, the primary responsibility is often attributed to the bus driver. This is because the driver is responsible for ensuring the safety of all passengers and might be held accountable if they do not exercise reasonable care while driving the bus.
Bus Company
If you were in an accident involving a bus driver, you might have the option to take legal action against the company that employed them. This is because of the legal principle of respondeat superior, which holds employers accountable for the actions of their employees. For instance, if the bus driver caused the accident by breaking the speed limit while driving between stops, you might be able to file a lawsuit against both the driver and the bus company.
Other Drivers
Accidents involving buses often involve multiple vehicles and drivers. Despite their large size, buses can still be easily overlooked by drivers who are not paying attention. For example, if driver A suddenly cuts off driver B, who is driving at a high speed, it can cause driver B to come to an abrupt stop. As a result, a bus traveling behind them could collide with their car. In such a situation, both driver A and driver B would be held responsible for the accident.
Municipal and State Government Companies
If you were injured due to a bus owned by a local or state government agency, you might have the option to take legal action against them. However, it is important to note that these agencies are protected by “sovereign immunity,” which usually prevents lawsuits against them without their consent. Luckily, there are some exceptions that allow victims to seek compensation for personal injuries caused by a government vehicle.
The Georgia Tort Claims Act imposes additional requirements on victims before they can file a lawsuit. Typically, you will need to give notice to the organization of your intention to file a lawsuit. After notice is given, there is often a waiting period before your lawsuit can be filed. In some cases, a bus accident victim might need to obtain permission to sue a government agency.
Evidence Used to Prove a Bus Accident Lawsuit in Marietta, GA
When handling a bus accident case in Marietta, having the right evidence can make a huge difference in receiving the compensation you deserve. It is crucial to understand the importance of each type of evidence that will be presented in your case. This will allow you to gather the necessary documents to support your claims and prove the defendant’s liability. Additionally, the evidence used in your case will tell the story of how the accident occurred and why the defendant is responsible for your losses.
Accident and Police Reports
It is common for law enforcement officials to produce reports detailing accidents they have attended to. These reports contain important information such as the date, time, location, weather conditions, and other relevant factors discovered during the investigation. They help establish the sequence of events leading up to the accident and the surrounding circumstances. It is worth noting that not only police reports but also reports generated by bus companies can be valuable resources.
Eyewitness Accounts
Having eyewitness accounts of an accident can be extremely helpful as they provide significant insights into the situation that led to the incident. Witnesses can provide detailed information about what they saw, heard, and felt at the time of the occurrence. This testimony can be presented in court to strengthen your case and establish the defendant’s negligence.
Medical Records
Following a bus accident, your medical records are essential to your case. They document any injuries sustained, treatments received, and medical expenses incurred. These records are crucial in showing the severity of your injuries, the cost of your medical care, and any future medical needs arising from the accident. It would be challenging to accurately calculate your financial losses without them. Thus, seeking medical care immediately after the accident is imperative.
Photo and Video Evidence
In a bus accident, having photographic and video evidence can play a crucial role in demonstrating the severity of the situation and gaining a better understanding of what happened. Your smartphone can be used as a tool to capture this evidence and keep it for future reference. In case the other party involved in the case tries to minimize the accident, the visual aids can serve as strong evidence against their arguments. This can bolster your credibility in court and weaken theirs, making the case more favorable to you. Therefore, having photographic and video evidence can be crucial to winning a bus accident case.
Time Limit to File a Lawsuit for a Bus Accident in Marietta, GA
As an attorney, you must be aware that there is a time limit to file a personal injury lawsuit in every state. In Marietta, the statute of limitations is defined in O.C.G.A. § 9-3-33, which grants victims two years from the accident date to file their lawsuit. However, in case of property damage claims, the client has four years to file a lawsuit and claim compensation.
The statute of limitations in Georgia, like other states, is rigid. If your client does not qualify for any exception, the lawsuit cannot be filed if the two-year deadline has elapsed. We, the attorneys for personal injury referrals in Georgia, can assist in compiling evidence to avoid any delay in filing the lawsuit.
Our Marietta, GA Bus Accident Lawyers Can Help
For a free case review with our bus accident lawyers, call Howe Law today at (844) 876-4357.
