Kennesaw Bus Accident Lawyer

Bus accidents tend to draw attention and make headlines because they are often severe. If a bus loaded with passengers gets into an accident, the result might be devastating. Still, people who are not even riding the bus, like other drivers, might also be badly hurt. If you or someone you love was caught up in a bus crash and hurt, an attorney can help you get financial compensation for your injuries.

Damages in bus accidents can be quite extensive, and they should account for the monetary costs of your injuries and other, more subjective injuries, like pain and suffering. To get compensation for your damages, we need to file your claims before the statute of limitation expires. In Georgia, plaintiffs have only 2 years from the accident to file a case, barring certain circumstances. Cases might be filed against the negligent bus driver who caused the crash, their employer, or even governmental agencies or entities if the bus was part of public transportation.

For a free review to begin your case, call our Marietta, GA bus accident lawyers at Rice, Murtha & Psoras at (470) 287-3070.

Possible Damages in a Kennesaw Bus Accident Case

Your damages in an injury case may represent how the accident and your injuries cost you money and how the accident took a toll on your life in less economical ways. It is fairly common for plaintiffs to have some idea of their damages when they initially speak to our bus accident attorneys, but many do not know the full extent of it. Your lawyer can help you identify and evaluate all your damages so that no compensation is left unclaimed.

We can begin with your economic damages. For many, the bulk of these damages stems from medical bills. As said, bus accidents are known for being severe, and injuries are often traumatic. For some, their injuries are so serious that they require long-term or even lifelong care, which can be extremely expensive. Additionally, we should consider the value of damaged property. Was your vehicle totaled? Did you lose valuable personal items? Take an account of your damaged property and add it to your claims. On top of all that, you might lose significant income if your injuries prevent you from returning to work, which may also be claimed among your damages.

Non-economic damages represent how the bus accident affected your life in ways other than financial costs. You might claim non-economic damages for the emotional and psychological distress of the accident. You might also claim damages for your intense pain, any scarring or disfigurement, and the overall loss of enjoyment of your life because of the accident.

How Long After a Bus Accident in Kennesaw Can You File a Civil Case for Damages?

Bus accidents are very difficult to deal with, and many victims need time to rest, recover, and determine their next step. While taking some time to yourself is fine, it is unwise to take too much time. According to the statute of limitations under O.C.G.A. § 9-3-33, you have only 2 years from the accident to file a case in court. If you cannot file your case on time, you risk losing the ability to file it at all, and you might never receive the compensation you need and deserve.

Under very specific conditions, your lawyer might be able to help you have the statute of limitations period tolled. Tolling allows us to pause the clock on your case, effectively extending the time you have to file your claims in court. Tolling may be available for plaintiffs who were minors with legal disabilities at the time of the accident. Minors typically cannot take legal action on their own until they are adults. Similarly, a legal disability is a condition that prevents you from filing the case or understanding your rights.

According to § 9-3-90(a), a person with a disability, often a mental condition or disability, may have the statute of limitations tolled until the disability is removed. Under subsection (b) of the same law, plaintiffs who were minors at the time of the accident may have the statute tolled until they are 18.

Who You Can File a Bus Accident Case Against in Kennesaw

Determining which people to include in your bus accident case can be challenging, especially if multiple people or entities are involved. You might sue the bus driver, their employer, or even a governmental agency.

The Bus Driver

Bus driver negligence is a common cause of accidents, and it is a good idea to examine the bus driver in your case. Maybe they were distracted by their phone or talking to a passenger. Maybe they blew through a red light or were speeding so fast they could not slow down in time to avoid a crash. Since the bus driver is the one operating the vehicle, they often bear a lot of the blame for what happens.

The Bus Company

If we sue the bus driver for the accident, we might also include their employer. Employers may be held vicariously liable for accidents and injuries caused by negligent employees if the employees were performing normal job duties at the time. This may apply to many bus accidents caused by bus driver negligence. Including employers in these kinds of cases might better help you get your damages covered, as bus companies often have greater financial resources.

Public or Governmental Entities

To sue a governmental entity, we must file a notice of your claim with the relevant local governmental entity, according to O.C.G.A. § 36-33-5(b). We must submit a notice of your claim within 6 months of the bus accident. The notice must contain details of the accident, including the place, time, and extent of the accident and injuries and why we believe the government is responsible. The courts will not hear any claim against a governmental entity until we file a timely notice of the claim with the government. This is a tighter time limit than more typical cases against private people or entities.

According to subsection (c), the government has 30 days to review and consider your claim. If the claim is accepted, the government might agree to cover your damages, and there will be no need for further legal action. If the claim is denied or rejected, we can move forward with your case and take the claim to the courts.