Get Legal Help Immediately After a Bus Crash
According to Idaho Code § 5-219(4), you have two years from the accident date to file a lawsuit claiming damages. Bus accident cases are complex in part because there are often multiple responsible parties who could be defendants in a personal injury lawsuit. When you engage with legal representation shortly after the bus accident, it allows time to conduct a thorough investigation, identify all potentially responsible parties, and build strong cases against each of them.
Special Rules When a Government Agency Is Liable
Time is especially critical in a bus accident case because many buses are owned or operated by or on behalf of a government agency. A unit of government might be a defendant in cases involving a city bus, school bus, or prison bus.
When a government agency, such as the VRT, might have liability for an injury, you must provide official notice of your claim to the appropriate government office within 180 days of the incident. If you fail to timely file the notice or if it omits any legally required information, your claim will fail and you cannot sue the government agency for damages. The bus accident attorneys at Parke Gordon Law in Boise will preserve your rights by following the statutory procedure for claims against the government.
After receiving timely notice, the agency has 90 days to accept or reject your claim. If it accepts the claim, it will make an offer and your attorneys can negotiate a settlement. If it rejects the claim or fails to respond within 90 days, you can file a lawsuit to claim your damages.
Compensation in Bus Accident Cases
When you bring a lawsuit, you must prove the defendants were negligent and that their negligence was a direct cause of your injuries. Negligence is a failure to use reasonable care to avoid harming others. However, bus owners and drivers must meet a higher standard: they must use the utmost care to avoid causing injuries.
When the evidence demonstrates that another party was negligent, that party is financially liable for your injuries. You can receive compensation for your medical expenses, lost income, incidental expenses, and payment for your pain and suffering. Idaho Code § 6-1603 caps pain and suffering damages with few exceptions, and our Boise attorneys could explain whether the cap applies in your bus accident case.
If your conduct played a role in the accident or the severity of your injuries, it will impact your compensation. Idaho Code § 6-801 says that the total amount you can collect must be reduced by a percentage that equals your portion of the fault. If you are more than 50 percent to blame, you cannot collect any compensation.
