Being in a school bus accident can mean you or a family member sustaining injuries, property damage, and other losses. One of the options you may have, whether you were the driver of another vehicle involved in the collision or the parent of a child on the bus, is to file a personal injury claim.
One of the steps you must take to file a claim of this type is to establish who may be responsible for your losses. That’s not always clear in these types of accidents.
Potential Liable Parties After a School Bus Accident in Illinois
In a school bus accident, the bus driver is the person most likely to be responsible. If they were in any way negligent, whether by engaging in speeding, distracted driving, or intoxicated driving, it may be possible to file a claim against them.
If the driver is to blame, then it will also be necessary to look at whether the company that employs them is, as well. They could be responsible for negligent hiring practices, lack of appropriate training, or a variety of other issues.
There could be other vehicles to blame in a school bus accident. These could have caused a chain reaction involving the bus, which led to injuries. In these instances, the bus driver may be a victim, too, and might not hold liability.
Negligent cyclists or pedestrians could be responsible, as well. If they were jaywalking, for example, or riding their bicycles recklessly, they could have caused the bus to swerve, leading to a collision.
Sometimes, the bus itself fails, leading to a crash. That can occur if a mechanical or structural part is damaged, for example. If the accident happens for that reason, then it’s essential to assess why the part failed and if the problem could have been prevented.
In some instances, it comes down to manufacturing issues. That would mean filing a product liability claim against the company that made the part or the bus. If the part functioned correctly but malfunctioned because of a lack of maintenance, then the person in charge of ensuring the bus was roadworthy could be liable.
How to Establish Liability
It can be very difficult to establish liability in these complex cases on your own. You need an attorney to assist you through this process. An attorney will investigate the accident and gather pertinent evidence. This can mean speaking with eyewitnesses and even reaching out to expert witnesses, like an accident reconstructionist, for their testimony.
With this evidence, your attorney will start the process of determining whether there was one or more responsible parties. They can then begin the process of filing a claim.
Potential Damages Available After an Illinois School Bus Accident
After being in a bus accident in Illinois, you may have the chance to receive economic and non-economic damages. Economic damages address the medical expenses you incurred, as well as any future needs you or a loved one may have because of the collision.
You can also receive compensation for lost wages if you were unable to work because of the injuries you sustained or because you were caring for your injured child. In instances when the injuries are severe enough that you won’t be able to return to work, it’s also possible to receive compensation for your loss of earning potential.
Non-economic damages address losses that are not as easy to put a number to. They involve addressing your physical and emotional distress and compensating you for loss of enjoyment of life if you or a loved one can’t live as you used to before the crash.
Fighting for Fair Compensation After an Illinois School Bus Accident
If you or a loved one has suffered injuries in a school bus accident, filing a personal injury claim can offer the chance to recover losses. This is not a simple process to undergo, however. You may not know how to begin gathering the right evidence and could even struggle to establish liability.
An attorney can simplify the process of filing a claim. At the Law Offices of Glenn & West, LLC, our team of Illinois attorneys can help you understand your rights and pursue fair compensation. We know how to conduct thorough investigations and obtain the necessary evidence to address your losses.
With our team by your side, you or your loved one can focus on healing while we handle the legal aspects of the case. Contact our team to schedule a free, one-on-one consultation.
