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Bus accidents often cause devastating injuries to pedestrians, bicyclists, occupants of other vehicles, and bus passengers. Unfortunately, these collisions can happen even in a small city like Hermiston.
You deserve to fight for compensation for your losses with the help of a dedicated injury attorney if you were in an accident. Whether the incident involved a HART bus, a school bus, or a private coach, an experienced Hermiston bus accident lawyer could help you pursue damages from the negligent parties.
An injured person seeking damages must show that another party was negligent and that the negligence contributed to the plaintiff’s losses. A party is negligent when they fail to use reasonable care to protect others from foreseeable injuries.
Additionally, buses are common carriers under federal law, which means bus owners and operators have a heightened duty of care to safeguard their passengers and others who use the roads. If a Hermiston plaintiff’s attorney proves that the bus operator failed to use the utmost caution to protect others from the danger of an accident, the bus company could be liable to pay damages to those who suffered harm.
If a bus company employs the driver, the driver’s negligence could be attributed to the employer. However, if the driver is an independent contractor, a plaintiff could instead file a claim against the driver and the company that operated the bus.
A lawyer could also proceed against other parties besides the bus company and driver depending on the circumstances in a Hermiston bus crash claim. For example, if the bus was a school bus or a HART bus, the school district, the city, or the owner of the HART bus could be liable. For instance, if the bus owner has a contract with a garage to keep the fleet in good repair, the garage could be responsible for some of the plaintiff’s damages if poor maintenance was a factor.
Sometimes defendants allege that the plaintiff bears responsibility for a crash. If the plaintiff’s conduct is a legitimate issue, Oregon Revised Statute §31.600 states:
“if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the claimant. This section is not intended to create or abolish any defense.” Essentially, more than 50% of fault attributed to the plaintiff is a bar to recovery.
Individuals seeking damages for personal injuries must file a lawsuit within two years. Failing to do so could extinguish their rights to have a court hear their case.
There is even less time for individuals to file if a local government is the defendant. The law requires that an injured person provide a local government with an official notice of their intent to file a claim within 180 days of the incident. However, if the person’s injuries prevent them from filing the notice within the statutory period, the law provides them an extra 90 days to submit their notice.
Bus accident injuries are often severe and could be life-altering. You need a seasoned advocate to get a settlement or damages award that offers adequate compensation for your injuries.
A Hermiston bus accident lawyer is experienced in representing individuals who suffered harm because of a bus company’s negligence. Work with a knowledgeable ally to get the compensation you deserve—call us today to get started.