To file a claim after a bus accident, you will need to determine whether the at-fault party includes a government entity or a private business. A Salt Lake City bus accident lawyer can provide essential guidance as you pursue a bus accident claim and help you reach the most favorable outcome possible.
Accurately Identify the Party You Need to File Against
An important initial step in filing a claim after a bus accident is making sure you have a valid injury claim. For a claim to be legitimate, you must have sustained actual injuries and damages from the bus accident and be able to show that someone else’s negligence caused the crash.
Without those elements, your case may be deemed a “frivolous” lawsuit, which is a case without merit that essentially wastes the court’s time. The result of filing a frivolous lawsuit is a case dismissal and potential penalties, including significant fines.
An experienced bus accident lawyer can review your situation to determine if you have a case. Through a careful investigation, your attorney can affirm your damages, determine the at-fault party, and gather evidence to prove that party’s negligence. Then, your attorney can file a claim against that party’s insurance company and with the court system.
For a free legal consultation, call (801) 266-0999
How to File Against a Private Bus Company
Your accident may involve a bus owned by a private company. If the bus driver or company is to blame for the accident, you will most likely file against the bus company’s insurance, provided you meet the criteria established in your state’s personal injury laws.
Utah and Idaho Laws
The Utah comparative negligence law uses the 50% rule, and Section 6-801 of the Idaho Legislature follows the same system. Victims who are 50% or more to blame for an accident cannot file for damages. Those meeting this standard but still carrying some fault can see their compensation reduced by their lower percentage of fault.
Utah is also a no-fault state for car accidents. If you were driving your car when involved in a bus accident, you may first have to file a claim with your own personal injury protection (PIP) coverage. If your damages exceed a specified amount, you can then file with the at-fault party’s insurance.
Washington State Laws
The Washington State Legislature follows a pure comparative fault system (Chapter 4.22 RCW). Any victim can seek damages, but will see a reduction in compensation proportional to their percentage of fault.
Whichever system applies to you, your attorney can fight to defend you from unfair accusations of blame. They will also be able to file a claim after a bus accident according to your state’s requirements.
Settling Your Claim
After filing your claim with the appropriate insurance company, your attorney will work to negotiate a settlement deal. A fair settlement should cover your losses and acknowledge your pain and suffering.
Often, claims resolve through negotiation and do not require a court battle. If the other side is uncooperative or continually lowballs you, you may decide to take your matter to trial.
Filing a Claim With the Civil Court
You can file a personal injury claim with the court even before negotiating with the at-fault party’s insurance representatives. Filing the lawsuit lets the other side know you are committed to the fight for justice and ready and willing to take it before a judge. This message may prompt them to negotiate in good faith to avoid a lengthy trial.
You must file your claim with the court within your state’s statute of limitations, including the following deadlines:
- The Utah personal injury statute of limitations is usually four years.
- Per Section 5-219 of the Idaho Statutes, Idahoans have a two-year deadline.
- The Washington Revised Code RCW 4.16.080 establishes three years for most accident claims in Washington State.
How to File a Claim Against a Government Entity
Your accident may be with a bus belonging to the Utah Transit Authority, another state or county’s transportation system, or with a school bus. In these cases, your claim may be against a government entity, and the timelines and procedures for filing are more complicated. An experienced lawyer can help you file a strong claim after a bus accident.
When preparing to sue a government entity, you must first file a “notice of claim.” This legal document informs the at-fault party of your intent to exercise your right to file against them and hold them accountable for paying you damages. The information required in the notice of claim is state-specific and extensive.
The deadlines for filing a notice of claim are also state-specific. In Utah and Washington, the deadline is typically 60 days, as per Utah Code Section 63G-7-401 and RCW 4.96.020, respectively. In Idaho, it is usually 180 days, per Chapter 9 – Idaho Legislature. A knowledgeable attorney can file the notice of claim and follow the state’s procedures for carrying out the lawsuit.
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How to File a Claim and Strengthen Your Case Outcome
If possible, begin gathering evidence at the scene immediately after a bus accident. Take pictures of the environment, the damage to and locations of the vehicles, your injuries, traffic signals and cameras, and other important details. Get contact details from witnesses. This initial evidence can help validate your claim.
Have your injuries documented and treated by a medical professional as soon as possible. Proof of injury is necessary to file a claim after a bus accident, and it is more difficult for the at-fault party to challenge your claim when you have that evidence.
Then, consult with a skilled bus accident attorney and leave all filing and legal responsibilities in their capable hands. The role of accident attorneys in Washington State, Utah, and Idaho is to protect the rights of injury victims and get them justice. We are ready to get the job done.
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Get the Damages You’re Entitled to After a Bus Accident
Do not risk losing out on collecting the compensation you need to cover your bus accident losses. Siegfried & Jensen is here to help. We’ve helped over 35,000 clients, and we hope to help you, too.
A skilled Salt Lake City bus accident lawyer from our team can handle your case from filing to resolution. We’ll fight for the highest settlement or trial award available.
Call or text (801) 266-0999 or complete a Free Case Evaluation form