Buses are considered one of the safest modes of travel. However, as with any motor vehicle, buses can be involved in accidents that result in injury and property damage. If you, your property, or a loved one is injured in a bus accident, contact a personal injury lawyer in West Memphis. You or your loved one may be entitled to a financial award and your lawyer will fight to win the highest settlement.
Determining Who Is Responsible for Your Damages
If a car accident occurs between drivers of privately owned vehicles in Arkansas, settlements are allotted based on a comparative fault system. The driver who is most at fault pays damages to the injured party, though the injured party will get reduced compensation in proportion to their level of fault.
Bus accidents are more complicated. Do you hold the bus driver accountable? The bus company? What if the accident occurs on a bus run by the local government or school district?
These are important questions to consider, especially as laws for suing government workers or entities are different and more complicated than those under which personal injury lawsuits operate. Your expert West Memphis bus accident lawyer from Gatti, Keltner, Bienvenu & Montesi PLC will know who to hold responsible for your injuries and how to take your case through the legal process, whomever it is against.
Bus Companies and Drivers Owe a Duty of Care
Like any other driver, bus operators owe a duty of care to their passengers. They have an obligation to refrain from any actions that compromise those passengers’ safety. Similarly, bus companies owe a duty of care to maintain their vehicles, keeping any malfunctioning or unsafe busses out of operation.
When school districts partner with bus companies, they also owe a duty to their young passengers. They must ensure the company and drivers are vetted, trained, and capable of providing safe transport. According to US News and World Report, the West Memphis School District comprises 10 schools and 5150 students, many of whom ride the bus to get to school.
If you or your child is in a bus accident, your West Memphis bus accident lawyer will investigate to see if any responsible parties failed in their duty of care. If any breaches in this duty caused the accident that led to life-affecting injuries, your lawyer can fight for compensation.
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Why You Need to Call a West Memphis Bus Accident Attorney
Bus travel is one of the safest modes of transportation, according to the Federal Motor Carrier Safety Administration (FMCSA). However, accidents still happen. For the last full year of data collection, the FMSCA reported 101 bus accidents in Arkansas. Of those crashes, one included a fatality, 50 resulted in injuries, and 50 required vehicle towaways.
After experiencing a bus accident, you should of course, first seek medical attention and ensure the accident has been reported to authorities. If you can, take photographs or record video footage of the scene and your injuries and document contact information from witnesses. Then, call a bus accident attorney in West Memphis.
Along with determining the parties responsible for your injury, your lawyer will use any evidence you have collected and collect additional evidence as needed to build a strong case. If you need representation at official proceedings, your lawyer will serve as that representative. Your lawyer will not be coerced or intimidated into accepting lower settlements than you deserve.
Arkansas Sovereign Immunity Laws
Under Arkansas’ Sovereign Immunity Law (Article 5 §20), “The State of Arkansas shall never be a defendant in any of her courts.” This law is not helpful to accident victims injured in government-run or owned buses.
The good news, however, is that each state does have processes through which plaintiffs in state-negligence claims can pursue damages. These processes are most definitely best left in the hands of a knowledgeable West Memphis accident lawyer, as these processes are complicated and unique to each state. Your lawyer from Gatti, Keltner, Bienvenu & Montesi PLC knows your case, knows your needs, and knows these unique laws, offering the most likely chance for a just settlement.
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Why You Need a Settlement Following a Bus Accident Injury
No matter what type of bus you are on when an accident occurs, and no matter whose negligence caused it, the injuries that follow that accident may be severe and may change how you work and live out your life.
A financial settlement may not heal your wounds, but it can certainly contribute to your recovery and quality of life, and serve as an acknowledgment of the pain and distress you have sustained.
Medical Needs
If your injuries required surgery, rehabilitation, continuous therapy, or other interventions, your settlement can cover or contribute to those costs as well as any home care or counseling you may need.
Economic Needs
If you are unable to work, whether on a temporary or permanent basis, your settlement can recover wages you have lost or potential earnings you will not realize. Further, the settlement can help you continue to pay your household bills and daily living expenses.
Pain and Distress
Your injury may leave you feeling isolated if you cannot go to school or work, socialize, or engage in your other typical activities. This pain and distress deserve acknowledgment and can contribute to rebuilding your quality of life.
Property Repair or Replacement
If your devices, luggage, or other property is damaged or destroyed in the accident, you can seek repair or replacement through your settlement.
Other Damages
Your West Memphis bus accident lawyer will consider your specific situation carefully and pursue damages that cover your needs comprehensively.
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Taking your bus accident injury case through the legal process is challenging. Putting your case in the hands of an expert lawyer is vital to its success. Contact Gatti, Keltner, Bienvenu & Montesi PLC and schedule an appointment for a free consultation right away. You will not pay out any fees until you have won your settlement.