As an injured passenger, you may wrongly assume that if you're even slightly at fault for a bus accident, you can't recover any compensation at all. Insurance firms will often take advantage of your ignorance and try to avoid giving you your compensation. Luckily, comparative fault rules allow you to get your compensation still, but the pay will be reduced depending on your percentage of blame.
Based on reports by TruckInfo.net, there are more than 13,000 bus accidents in the U.S each year. Sometimes, you and your loved one may walk away unharmed. Knowing your legal rights around the concept of comparative fault will help you fight for the financial recovery you deserve.
Before you accept a settlement, ensure you understand how your state applies comparative fault. With this type of fault, you can reduce the compensation you receive if evidence shows that you were a bit at fault.
What Is Comparative Fault?
Comparative fault is a rule that splits blame when more than one person causes an accident. If you're an injured bus passenger, the court will give you your compensation based on your percentage of fault in the accident. Here are the different types:
Pure Comparative Negligence
Under this system, you can get compensation even if you're 99% at fault for the bus crash. Your exact percentage of blame reduces your final award.
For example, if a jury determines you're 10% responsible for not holding the handrail, and your total compensation dues are $100,000, you'll only collect $90,000.
Modified Comparative Negligence, 50% Bar Rule
With this type of modified comparative negligence, you can get compensation only if your fault is 50% or less. If the jury finds you 50% at fault for the accident, you can still collect half of your bodily injury claim. However, if your blame reaches 51%, you won't be able to recover anything.
When Can You Be at Fault in a Bus Accident?
If you're a passenger, you may assume that you bear no responsibility when a bus accident happens. However, if you stay in a state that follows comparative fault rules, juries and insurers can assign you a portion of blame if your actions partly led to the accident.
Here are incidents where you can be at fault in a bus accident:
Standing While the Bus Is in Motion
Most buses show signs advising passengers to sit while the bus is moving. If you're a standing passenger and you get hurt when the bus makes a sudden stop or turn, you may be partially responsible for your injuries.
Failing To Use Seat Belts
According to The Zebra, seat belts save at least 15,000 lives. If you fail to buckle up and suffer injuries that may have been prevented or lessened by wearing the belt, the insurance company may reduce your claim.
Distracted Behavior
If you're hurt in a bus accident because you're distracted, your payout may be reduced depending on your percentage of fault. Some of the distracted behaviors include:
- Using a phone
- Standing to recover a fallen item
- Moving between seats as the bus approaches a stop
With these distractions, insurers may argue your lack of situational awareness contributed to the severity of your injuries.
Ignoring Driver Warnings
Bus drivers will tell you about upcoming stops or rough roads. If you ignore these warnings and fail to secure yourself, your failure to follow verbal instructions can be seen as evidence of negligence.
What Tactics Do Insurance Adjusters Use To Shift Blame?
After a bus accident, insurance companies will move fast to build a case that shows that you're highly at-fault, so that they can reduce or eliminate your payout. Here are some tactics you should be wary of:
Using Recorded Statements as Evidence Traps
Most insurers will call you within days after the bus crash, sounding sympathetic. They'll try to get you to give a recorded statement to get the facts right. Unfortunately, this tactic is usually a trap to get you to admit fault and reduce your settlement.
Medical Record Fishing
Insurance companies will often ask for broad medical authorizations to search for any pre-existing conditions you may have. For instance, if you say you got back pain after the accident, the insurers may argue your herniated disc came before the accident.
Misrepresenting Coverage and Legal Rights
Some insurers will try to confuse you about how comparative fault works. They may falsely claim you can't recover because of something you did wrong on the bus.
This tactic can make you fearful and make you more likely to accept lowball offers. To avoid such issues, make sure you partner with a personal injury law firm to represent you.
Frequently Asked Questions
What Evidence Should I Preserve Immediately After a Bus Accident?
You have to preserve the right type of evidence to get the compensation. Here is what you should preserve:
- Photographs and videos
- Witness contacts
- Medical records
- Police report
Preserving this evidence strengthens your claim before the insurance company starts creating stories that show you're to blame. Your lawyer can use this evidence to counter comparative fault arguments and maximize your recovery.
Can Seat Belt Syndrome Affect My Claim?
Yes, it can. Seat belt syndrome refers to injuries caused by the lap belt compressing the body during an accident. Some of these injuries include:
- Bowel perforations
- Spinal fractures
- Abdominal organ damage
While seat belts save lives, if you position them improperly, you can worsen these injuries. In case the insurer proves your misuse of the seat belt contributed to the trauma, they may assign you partial comparative negligence. As a result, your compensation may be reduced.
Can I Sue the Bus Driver Personally, or Only the Transit Company?
In most cases, it's ideal if you pursue a claim against the transit company instead of the driver. However, your lawyer will advise you depending on your situation.
Get Maximum Compensation With Qualified Attorneys
If you live in a state that works under the comparative fault rule, you need to be careful. Most insurance companies will try to trick you into accepting blame so that they can justify the low compensation you receive. To protect your payout, work with a qualified lawyer.
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