Being in a bus accident is scary. Infact, being in any accident is scary. Not only do you have to deal with the aftermath but also the traumatic experiences mentally and physically.
Usually, buses are safe to travel, but it does not avoid accidents and the aftermath. The years of medical expenses, permanent injuries, property damages, PTSDs, and mental tiredness, will all follow any accident.
This is why you should know the causes and the average settlement for bus accidents and see how to get the higher compensation you deserve.
To deal with such experiences, you need to know your legal rights. Your lawyer will fight for your average settlement for a bus accident.
What is Average Settlement for Bus Accident?
Settlement amounts in bus accidents can range from a few thousand dollars to millions of dollars. However it is challenging to provide an exact average settlement amount as each case is unique and can result in different outcomes.
Bus Accident Settlement is often the first stage of negotiation. During this process, the damages sustained by passengers, drivers, and other parties are considered. Therefore, both the at-fault and victim must agree on an amount.
It is obvious that the defendant’s lawyers will argue for a low settlement amount, and the prosecutor will argue for a high settlement amount in a bus accident lawsuit.
In cases involving minor injuries and minimal property damage, settlements might be relatively lower. On the other hand, if the accident leads to catastrophic injuries, significant medical expenses, long-term disabilities, or wrongful death, the settlement amounts can be much higher to compensate for the damages and losses incurred.
It’s important to note that settlement amounts are typically reached through negotiations between the parties involved, including the affected parties, insurance companies, and legal representatives. It’s advisable to consult with an experienced bus accident attorney who can evaluate the specific details of your case and provide you with a more precise evaluation based on the relevant factors.
Also , specific laws and regulations governing bus accident claims vary by state in the USA. It’s best to know what your state offers.
For instance, Florida is a no-fault state. It requires motor vehicle owners to have Personal Injury Protection (PIP) coverage which covers their medical fees even if they are in a bus accident. Because it is a no-fault state, you receive compensation regardless of who caused the accident.
How Much Time Does It Take for Bus Accident Settlements?
Usually, it takes three to six months to settle a bus accident case. However, it is tricky and depends upon many factors. It can even take more than 6 months. Each case is different, and it is challenging to give a definitive timeline.
The factors that can affect the timeline for bus accident for settlement are:
- Your extent of injuries
- Time for your treatment to fully recover
- Number of people injured
- Number of law firms involved
- Evidence availability
Suppose you’re hurt in a bus accident that wasn’t your fault and sustained severe injuries. In that case, your legal team can immediately sue the bus company and other responsible parties for compensation.
Factors That Affect Your Bus Accident Settlement
The key factors that affects your bus accident settlements are :
- Establishing Liability
- Injuries Sustained
- Insurance Policy
The Federal Motor Carrier Safety Association (FMCSA) says traveling in buses is among the safest and most reliable ways to travel, so as a victim, you should consider these factors to increase your chance of receiving a bus injury claim amount.
1. Establishing Liability
Whether it is a city bus, charter bus or school bus settlement, we must identify who is liable. Proving who is responsible for the damages is usually the most difficult task in any bus injury lawsuit. It could be a bus driver, other drivers, passengers, or even an injured party.
This shared responsibility can change the claims of damages, lawsuits, and compensation results. Establishing liability and showing Proof of Negligence is necessary to file a claim against the responsible party and increases your chances of receiving compensation.
2. Injuries Sustained
Your severity of damages and injuries plays a significant role in determining your compensation—some victims often suffer catastrophic injuries that can be financially devastating with high medical and hospital fees.
Serious your damages and injuries are, the higher the bus accident settlement you will receive from a bus accident lawsuit.
For example, bus passengers who sustain minor wounds may not receive the same compensation as passengers who suffered a traumatic brain injury because of the crash.
Some of the injuries in bus accidents include:
- Partial or complete paralysis
- Amputations or loss of limb
- Traumatic brain injury
- Whiplash
- Concussions
- Spinal cord damage
- Internal bleeding
- Facial injuries
- Fractures
- Wrongful Death
3. Insurance Policy
It is crucial to understand the insurance policy of the responsible party. Your compensation hugely depends on their insurance policy and the number of victims.
Bus companies usually have large policies, which means you can get greater compensation, and individual drivers have smaller policies and limitations.
Also, in the case of multiple victims, the amount they should provide cannot exceed the amount set in their policies.
What Type of Bus Accidents Settlements and Damages Can You Claim For?
The common causes of bus accidents are the recklessness of the driver, another road driver, a heavily loaded bus, or even the pedestrian.
There are various types of bus accidents settlements that you can claim for :
- City Bus Accidents Settlement
- School Bus Accidents Settlement
- Privately Rented Bus Accidents Settlement
- Tour Bus Accidents Settlement
- Shuttle Bus Accidents Settlement
- Mass Transit Accidents Settlement
When you are hurt or suffer damages, you can recover two types of damages for bus accident settlements. They are :
- Economic Damages and
- Non-Economic Damages
Economic Damages
Economic damages, also known as special damages, refer to financial losses that are easy to account for and compute. These include medical bills, property damage, lost wages and other out-of-pocket losses.
Because these damages are quantifiable, you must have a list of all the expenses. Having these records can easily help you get the bus injury claim amount.
Some of the Economic Damages are:
- Medical Expenses
- Fractures
- Lost Wages
- Brain or Spinal Injuries
- Property Damages
Non-Economic Damages
Non-economic or general damages refer to non-quantifiable losses you have suffered. They are inclined more towards mental and psychological pain than physical pain.
Some of the Non-Economic Damages are :
- Emotional Distress
- Anxiety
- Depression
- Loss of enjoyment of life
- Post-Traumatic Stress Disorder (PTSD)
- Wrongful Death
What Should You Do After a Bus Accident?
1. Get Immediate Medical Attention: When involved in a bus accident, seek immediate first aid. Whether your injuries are severe or not, you get tested for head, spine, and back injuries. These injuries will not show up until days later, when it may be too late to preserve your rights, and your claims may be barred.
2. Document the Scene: Document as much as possible at the accident scene. Note down names, bus numbers, and phone numbers of drivers, passengers, and others involved in accidents.
Additionally, keep a record of your events and a timeline of what happened before and after the accident so you won’t miss out on important details that can affect your compensation. Do this in the early days after the accident.
3. Gather Evidence: Collecting proof is a step you can take at the scene. Take photographs of the scenes from different angles, vehicles involved, visible injuries you have sustained and evidence of negligence on behalf of drivers.
4. Seek for an Attorney: You may miss compensation from those liable, and your attorney knows a lot more about the special laws of bus insurance, expedite your processes, communicate with the insurance company, bus company and the police, conduct thorough investigations and fight on your behalf.
5. Keep Reports & Bills: Keep a record of all relevant documents, such as police reports, the financial damages, such as hospital visits, medical bills, repairs, and physical therapy sessions.
How Can You Calculate Compensation for Bus Accidents?
Your lawyer or insurance company will add the total medical expenses related to the injury. However, your insurance adjuster will never reveal the formula or even admit if they are using it.
Follow these steps to calculate settlement for bus accidents to get a rough idea of your claim amount and start your negotiations.
- Multiply the cost amount of special damages (total medical expenses) by 1.5 to 5.If your injuries are relatively minor, you will multiply by a number between 1.5 to 3. If injuries are painful and catastrophic, multiply by 5 (and sometimes more).Of course, the insurance company will use the less number as 2 or 3, and you will push it to a higher number such as 4 or 5.
- After you get that amount, add any income you lost due to your injuries. Your insurance providers will also consider other factors to determine how much compensation they will pay.
In short , the formula is :
(Special damages x multiplier reflecting general damages) + lost wages = settlement amount
You can calculate your settlement value with the Bus Accident Compensation Calculator here.
Conclusion
If you find yourself involved in a bus accident, it’s important to understand the average settlement and your legal rights. While the claims process can be lengthy and tiresome, having knowledge of the factors that impact your settlement can help you navigate the process and receive the compensation you deserve.
These factors include liability and negligence, the severity of injuries, medical expenses, lost wages, property damage, insurance coverage, and the quality of legal representation. You should also be familiar with the types of bus accidents you can claim for and know how to calculate compensation to build a strong case. It’s recommended that you consult with an experienced bus accident lawyer to guide you through the process and advocate for your rights. By staying informed and taking appropriate action, you can protect your interests and seek fair compensation for any losses.
Been into a Car Accident? Read our guide on how to find a good car accident lawyer who will put their every effort to get the justice you deserve.
FAQs (Frequently Asked Questions)
How much can you get from a bus accident?
How much you can get from a bus accident settlement depends on several factors and varies on a case-by-case basis. There is no fixed amount or guarantee of a specific payout.
The settlement amount is determined by factors such as the severity of injuries, medical expenses, current and future lost wages and income, property damage, liability and negligence, and legal representation.
It’s important to consult with an experienced bus accident lawyer who can assess the specific details of your case and provide a realistic estimate of the potential compensation you may receive.
In addition, they will consider all relevant factors and help you navigate the legal process to seek the fairest settlement possible for your bus accident injuries and damages.
How do I claim after a bus accident?
Your attorney will gather all the necessary documents. If the insurance company accepts bus companies’ liability for your injuries, you’ll negotiate the settlement amount. In most cases, a settlement does not require a court hearing. Nonetheless, if your settlement or liability does not come to an agreement, your case may go to court.
How long does it take to settle bus accident lawsuits?
The time it takes to settle a bus accident lawsuit varies depending on factors such as the case’s complexity, negotiations with insurance companies, and the need for legal proceedings. It can range from a few months to longer periods.
Can you sue for a school bus accident?
Yes, you can. Suppose you or your family member was injured or killed in a school bus accident. In that case, you can sue multiple parties for school bus accident settlements, such as
- the bus driver,
- school district,
- bus manufacturer,
- or school bus company
