Marietta Bus Accident Attorney

Bus accidents can be really serious. When a big bus gets into a crash, it can hurt a lot of people at once. People might end up with big injuries like broken bones, bad cuts, or even get really sick in their heads from the scare. Getting better might take a long time and cost a lot of money for doctor visits.

The law in Georgia says if you get hurt in a bus accident because someone wasn’t careful, you have the right to ask for compensation to help with your bills and for the pain you went through. This is because everyone driving or running a bus service has to make sure they do it safely.

The law (like in O.C.G.A. § 40-6-1) talks about how everyone on the road, including bus drivers and companies, must be really careful to not cause accidents. If they don’t and someone gets hurt, they might have to pay. For folks hurt in a bus accident, this could mean getting money back for hospital bills, money lost from not being able to work, and help with the pain of their injuries. But, bus accident claims can be tricky because you might have to deal with big companies or even the city.

At Wetherington Law Firm, we’re here to help people who got hurt in bus accidents. We know how to talk to big companies and fight for what you deserve. We’ll do all the hard work of figuring out who wasn’t careful and making sure they help pay for your doctor bills and the money you lost because you couldn’t work. If you or someone you know got hurt in a bus accident, give us a call. We’re ready to help you feel better about what happened and get you the help you need.

Common Causes of Bus Accidents and Consequences

Bus accidents can happen for many reasons and can cause a lot of problems for people involved. Here are some common reasons why bus accidents happen:

1. Driver Mistakes: Sometimes, bus drivers might not be careful enough. They could be driving too fast, not paying attention, or not following the rules of the road.
2. Bad Weather: Rain, snow, or ice can make the roads slippery and hard to see, making it easier for accidents to happen.
3. Problems with the Bus: Sometimes, a bus might have something wrong with it, like bad brakes or tires that are too old. If these aren’t checked and fixed, it could lead to accidents.
4. Other Drivers: Accidents can also happen when other cars on the road don’t drive safely around buses.

When a bus accident happens, people can get hurt in many ways. They might have broken bones, cuts, or even more serious injuries. Besides getting hurt, people might also have to pay a lot of money for doctor visits and might not be able to work for a while. This can make things really hard for them and their families. Plus, they might feel really scared or upset after being in such a big accident.

Georgia Laws Governing Bus Accident Claims

In Georgia, laws governing bus accident claims are designed to protect victims who get hurt and ensure they can seek compensation for their injuries. Here’s a basic outline:

• Negligence: Most bus accident claims are based on negligence. This means the person or company responsible for the accident didn’t take enough care to prevent it. For bus accidents, negligence could involve the bus driver, the company that owns the bus, or even the maker of the bus if a defect caused the accident.
• Duty of Care: Bus companies and drivers have a very high duty of care because they are considered “common carriers.” This means they must do everything reasonably possible to keep their passengers safe.
• Statute of Limitations (O.C.G.A. § 9-3-33): In Georgia, you usually have two years from the date of the accident to start a lawsuit for personal injury. If you’re suing a city or county bus service, you might need to give them a special notice even sooner, usually within six months to a year.
• Comparative Fault (O.C.G.A. § 51-12-33): Georgia uses a “modified comparative fault” rule for accidents. This means if you were partly at fault for the accident, your compensation might be reduced by your percentage of fault. But if you’re found to be 50% or more at fault, you can’t get any compensation.
• Damages: If you’re hurt in a bus accident, you might be able to get money for different things like medical bills, lost wages if you can’t work, pain and suffering, and more. Sometimes, if the at-fault party was really careless, you might also get punitive damages, which are meant to punish them.

Rights of Victims in Bus Accidents

Victims of bus accidents in Georgia have specific rights protected by law, aimed at ensuring they can seek compensation for their injuries and losses. Here’s an overview of these rights and the relevant laws:

• Right to Compensation for Injuries (O.C.G.A. § 51-1-6): Victims have the right to seek compensation for injuries resulting from someone else’s negligence. This can include medical expenses, lost wages, pain and suffering, and other damages. This law underscores the principle that if someone’s failure to exercise reasonable care results in another person’s injury, the injured party can pursue a claim for damages.
• Right to File a Lawsuit Against Responsible Parties (O.C.G.A. § 9-3-33): Victims have two years from the date of the accident to file a personal injury lawsuit. This statute of limitations is crucial for ensuring that claims are made in a timely manner. In cases involving public transportation operated by government entities, special notice requirements and shorter timelines may apply, emphasizing the importance of understanding specific procedural rules.
• Right to Compensation Despite Partial Fault (O.C.G.A. § 51-12-33): Georgia’s modified comparative negligence rule allows victims to receive compensation even if they are partially at fault, as long as their fault is less than 50%. The amount of compensation is reduced by the victim’s percentage of fault. This law ensures that victims can still recover some damages even if they contributed to the accident, provided their level of fault does not exceed that of the other party.
• Right to Seek Punitive Damages (O.C.G.A. § 51-12-5.1): In cases where the defendant’s conduct is found to be willful, wanton, reckless, or evidencing a conscious indifference to consequences, victims may seek punitive damages. These are intended to punish the defendant and deter similar conduct in the future, providing an additional layer of protection for victims.
• Right to Fair Treatment by Insurance Companies (O.C.G.A. § 33-6-34): Victims have the right to fair treatment by insurance companies, including timely investigation and settlement of claims. This regulation helps protect victims from unfair or deceptive practices during the claims process.

Steps to Take Following a Bus Accident in Marietta

If you’re involved in a bus accident in Marietta, taking the right steps can help protect your health and legal rights:

• Check for Injuries: First, make sure you and anyone nearby are safe. If anyone is hurt, try to stay calm and call 911 for medical help.
• Report the Accident: Tell the bus driver about the accident so they can report it to their company. If the accident involves another vehicle, call the police to the scene. A police report can be very helpful later on.
• Gather Information: If you can, write down the bus number, the driver’s name, and the names and contact information of any witnesses. Take photos of the bus, the accident scene, and your injuries.
• Seek Medical Attention: Even if you feel okay, see a doctor as soon as you can. Some injuries might not show up right away.
• Keep Track of Your Injuries and Treatment: Write down your visits to the doctor, how your injuries are doing, and how they affect your daily life. Keep all your medical bills and receipts.
• Contact a Marietta Bus Accident Attorney: Our lawyers can give you advice, help you understand what you can get help with, like money for doctor bills and lost wages, and talk to insurance companies for you.
• Don’t Talk to Insurance Companies on Your Own: Insurance companies might try to get you to agree to a quick, small payment. It’s better to let your lawyer handle any talks with them.
• Don’t Wait Too Long to Act: There’s a time limit for asking for help after an accident. In Georgia, you usually have two years to start a legal claim.

How to File a Bus Accident Claim in Georgia

Filing a bus accident claim in Georgia involves several important steps to ensure you properly address your injuries and any potential compensation. Here’s a simplified guide to help you through the process:

• Seek Medical Attention: First and foremost, get checked by a doctor, even if you don’t feel hurt right away. Some injuries might not show symptoms immediately. Keeping records of your injuries and treatments is crucial.
• Gather Evidence: Collect as much information as you can from the scene. This includes photos of the accident site, your injuries, the bus, and any other vehicles involved. Also, get contact information from witnesses and a copy of the police report if one was made.
• Report the Accident: Ensure the bus driver or bus company knows about the accident. If it’s a public transit bus, you might need to notify the city or county transportation department.
• Understand Your Rights: Georgia law allows you to seek compensation for injuries caused by someone else’s negligence. This might be the bus driver, the bus company, another driver, or even the manufacturer of bus parts if a mechanical failure contributed to the accident.
• Consult with Our Marietta Bus Accident Attorney: Bus accident claims can be complex, especially when they involve public transportation or multiple parties. An experienced attorney can offer you advice, evaluate your case, help gather evidence, and represent you in dealings with insurance companies or in court.
• File Your Claim: Your attorney will help you determine whom to file the claim against (the bus company, a government entity, another driver, etc.) and assist with compiling the necessary documentation to support your claim, including medical records and evidence of lost wages.
• Negotiate with Insurance Companies: Often, the next step is negotiating with insurance companies for a fair settlement. Your attorney will handle these negotiations on your behalf to ensure you receive adequate compensation.
• Consider Legal Action: If a fair settlement cannot be reached, filing a lawsuit might be the next step. Our attorney will guide you through the litigation process.

Common Injuries Sustained in Bus Accidents

Bus accidents can lead to a variety of injuries for passengers, drivers, and others involved. Here are some common injuries that people might get from a bus accident:

• Cuts and Bruises: Sharp or broken parts inside the bus during an accident can cause cuts. People can also get bruises from hitting against hard surfaces or being shaken during the crash.
• Broken Bones: The force from a bus accident can easily break bones, especially in the arms, legs, or ribs.
• Head Injuries: These can be really serious. People might hit their heads against seats, windows, or other hard parts of the bus. This can lead to concussions or even more serious brain injuries.
• Neck and Back Injuries: The sudden stop or crash of a bus can cause whiplash, where the neck moves back and forth quickly. This can hurt the neck and back a lot.
• Spinal Cord Injuries: These are some of the most serious injuries and can happen if there’s damage to the bones around the spinal cord or to the spinal cord itself. This can lead to not being able to move or feel parts of the body.
• Internal Injuries: The force of a crash can also hurt organs inside the body, like the lungs, liver, or spleen. These injuries might not be easy to see right away but can be very serious.

Frequently Asked Questions

Who can be held liable in a bus accident case?

In a bus accident case, figuring out who is responsible (liable) can be complicated because there might be several people or groups who played a part in the accident. Here are some of the parties that could be held liable:

• Bus Driver: If the bus driver wasn’t driving carefully, like if they were speeding or not paying attention, they could be responsible for the accident.
• Bus Company: The company that owns the bus might be liable, especially if they didn’t do a good job of making sure the bus was safe or if they didn’t make sure their drivers were properly trained.
• Other Drivers: Sometimes, other drivers on the road cause the accident. If another car hits the bus because of reckless driving, that driver could be held responsible.
• Bus Manufacturer: If there was something wrong with the bus, like a brake failure or a problem with the steering that caused the accident, the company that made the bus might be liable.
• Government Entities: For public buses, like city buses, the government might be responsible if the accident was caused by things like poor road maintenance or traffic lights not working right.
• Maintenance Companies: If the bus wasn’t kept in good condition, and that lack of maintenance led to the accident, the company in charge of maintaining the bus could be held liable.

How is compensation calculated for bus accident victims?

Compensation for bus accident victims is calculated by considering various factors that reflect the extent of their injuries and losses. Here’s how it typically works:

• Medical Expenses: This includes all costs related to medical treatment you’ve received because of the accident, like hospital bills, doctor visits, medication, and any future medical care you might need.
• Lost Wages: If you couldn’t work because of your injuries, compensation can include the money you would have earned during that time. If your injuries affect your ability to earn money in the future, that can be considered too.
• Pain and Suffering: This covers the physical pain and emotional distress you’ve gone through because of the accident. While harder to put a number on, lawyers and insurance companies use different methods to estimate a fair amount.
• Property Damage: If any of your belongings were damaged in the accident, like your phone or clothes, you can be compensated for fixing or replacing them.
• Punitive Damages: In some cases, if the person or company responsible for the accident was especially careless, you might also get punitive damages, which are meant to punish bad behavior and stop it from happening again.

Do I need a lawyer if I was involved in a bus accident?

Yes, getting a lawyer if you were involved in a bus accident can be really helpful. Here’s why:

• Understanding the Law: Laws about bus accidents can be complicated. A lawyer knows these laws well and can explain how they apply to your case.
• Figuring Out Who is Responsible: A bus accident might be caused by many different things, like the bus company not keeping the bus safe, the bus driver making a mistake, or another driver causing the crash. A lawyer can help figure out who is responsible for your injuries.
• Dealing with Insurance Companies: Insurance companies often try to pay as little as possible. A lawyer can talk to them for you and work to get you a fair deal.
• Calculating Compensation: A lawyer can help figure out how much money you should get for your injuries, including doctor bills, money you lost from not being able to work, and pain and suffering.
• Going to Court: If you need to go to court to get the compensation you deserve, having a lawyer by your side is very important. They can prepare your case and speak for you in court.

What if I was partially at fault for the bus accident?

If you were partially at fault for the bus accident, you might still be able to get some compensation for your injuries, thanks to Georgia’s “modified comparative negligence” rule. This rule is all about figuring out how much each person involved in the accident is to blame and then adjusting the money they can get based on that.

Here’s how it works:

• Less Than 50% At Fault: If it’s decided that you were less than 50% responsible for the accident, you can still get money to help with your injuries. But, the amount you get will be less, depending on how much of the accident was your fault. For example, if you were found to be 30% at fault and your injuries cost $10,000, you would get 70% of that money, or $7,000.
• 50% or More At Fault: If you were 50% or more responsible for what happened, then you won’t be able to get any money through a claim.

If you’ve been involved in a bus accident, don’t navigate this challenging time alone. At Wetherington Law Firm, we’re dedicated to fighting for your rights and ensuring you receive the compensation you deserve. Whether you’re dealing with injuries, lost wages, or the stress of the accident, our experienced team is here to help.

Don’t let the complexity of legal claims overwhelm you; let us take on the burden so you can focus on your recovery. Call us today to schedule a free consultation, and take the first step towards getting the support and justice you deserve.