We typically think of buses as large, friendly neighborhood vehicles and rarely give a thought to our safety when riding a city bus or putting our children on the school bus. Unfortunately, buses are also unwieldy vehicles with long stopping distances and extensive blind spots. Buses require careful operation by skilled, alert drivers. It only takes a moment for a bus crash to occur, but the physical, emotional, and financial impacts can be serious and long-term. Fortunately, a bus accident injury victim can recover compensation for their accident-related losses, such as medical expenses, lost earnings, and pain and suffering, but a successful claim requires identifying the liable party and providing compelling evidence of fault.
What are the Legal Standards of Fault and Liability In a Missouri Bus Accident Case?
Under Missouri § 537.765, the state’s civil liability laws hold all who cause or contribute to another person’s injury liable for the damages according to their percentage of fault. To hold the responsible party liable in a personal injury claim requires demonstrating through evidence that the at-fault party meets the following legal standards of liability:
- They owed a duty of care to the injury victim, such as a driver’s duty to follow traffic laws
- They breached their duty of care through negligence
- The breach of duty caused the injury
- The injury victim suffered economic and non-economic damages from the injury
Evidence of liability comes from the insurance company’s investigation, but their goal is to protect their own interests. An injury victim’s personal injury attorney conducts an independent investigation to prove fault in an accident with the goal of protecting the injury victim’s best interests, including in complex bus accident claims.
Who Is Liable for Bus Accident Damages In Missouri?
There are many separate entities responsible for the safe operation of a bus, whether it’s a public school bus, city bus, or private tour bus. The following liable parties are often named in Missouri bus accident claims, depending on the cause of the accident:
- The bus driver
- The driver of another vehicle
- The busing company or county agency
- A bus maintenance company
- The manufacturer of a defective bus part or tire
- A city road maintenance or road planning agency
Proving fault and liability in a bus accident claim requires a thorough investigation and compelling evidence. Under the state’s pure comparative negligence laws, several parties may share liability in a Missouri bus accident case if they contributed to the cause or severity of the accident and injuries.
Evidence Proving Fault In a Missouri Bus Accident
A personal injury attorney gathers and carefully documents evidence to identify the cause of the accident and to prove fault and liability. Evidence in bus accident claims often includes the police report, photos and videos, material evidence gathered at the scene, and eyewitness testimony. Once an attorney has compelling evidence of the at-fault party’s liability, they present it in a demand package to the appropriate insurance company and begin negotiating for the largest possible settlement for their client.
Most bus accident claims are resolved through settlements, but in some cases, the claim becomes a lawsuit with court litigation. This occurs when the insurance company denies or undervalues a claim. The stronger the evidence of fault in the claim, the better the chance of achieving a low-conflict settlement without the need for court.