Knowing what to do after a bus accident is essential to protecting your rights as an accident victim. Taking steps such as prioritizing safety, calling for help, gathering evidence, seeking medical treatment, and obtaining legal advice are all crucial in protecting yourself and your rights after a bus accident.
If you or a loved one was hurt in a bus crash in Naperville, acting quickly can help preserve evidence and strengthen your claim for compensation. Contact the experienced attorneys at Chute, O’Malley, Knobloch, & Turcy, LLC, at 312-775-0042 for legal assistance.
Immediate Actions to Take After an Accident
In the immediate aftermath of a bus accident, there are steps you need to take to ensure your safety and preserve crucial evidence that can strengthen your case. While bus travel is generally safer than driving a car, serious collisions still happen. According to a 2022 report from the Federal Motor carrier Safety Administration, 731 bus accidents occurred in Illinois in 2021. That was a 10.4% increased from the previous year.
In order to protect yourself after a bus accident:
Stop Your Vehicle and Move to Safety
If you are in another vehicle, stop and pull over to a safe place. Turn off your car and take a moment to calm down before assessing the situation. If other vehicles are involved, ensure they are also turned off and moved to the side of the road. This will help reduce further risks. If your emotions are heightened, take a moment to collect yourself. This will help you think clearly so you know what to do immediately after an accident.
Check for Injuries
Bus accident facts show that injuries can be severe. Prioritize injuries following a bus collision. First, check yourself, passengers, and others involved for visible wounds or signs of trauma. Even minor injuries should be noted, as they may become relevant later. If there are no obvious injuries, remain alert for symptoms of concussions or internal damage, which may not be immediately apparent.
If you or anyone else is injured, avoid moving, especially if there is a suspicion of spinal or head injury, unless there is immediate danger. Wait for medical professionals to arrive and stabilize the injured. It’s also important to seek medical advice even if there are no apparent injuries, as some injuries may not show symptoms until later.
Report the Accident
Promptly contact the appropriate authorities after a bus accident. This is essential for both legal and safety reasons.
If there are injuries, if the road is blocked, if you suspect that the accident was caused by drugs or alcohol, or if there is property damage, call 9-1-1 immediately and request emergency services to come to the scene.
Under Illinois law, drivers must file a crash report if the accident caused:
- A death or injury, or
- Property damage exceeding $1,500 (if all drivers are insured), or $500 (if any driver is uninsured).
If police do not arrive, file a report with the Illinois State Police within 10 days.
Accurate and timely reporting is crucial for personal injury claims and insurance purposes. It creates an official account for legal proceedings. When talking to law enforcement, stick to facts and avoid speculation or admitting fault.
Gather Evidence
Once it’s safe, document everything. Take photos of your injuries, the bus, other involved vehicles, and your surroundings. Note license plate numbers and bus details, and gather eyewitness contact information. Retain all accident-related documentation, including medical reports and police reports. Look for video evidence from traffic cameras, dashcams, or nearby businesses. This evidence can be crucial later on when making a claim.
Why Seek Medical Attention After a Bus Accident
Getting medical care after a bus accident is one of the most important steps you can take. Many injuries aren’t immediately obvious, and delaying treatment can harm both your health and your case.
Immediate Medical Care leads to a Quicker Recovery
If a doctor does not treat serious injuries, they will only worsen. The sooner you get medical treatment after an accident, the faster you recover. Your top priority after an accident should be to get the help you need for a quick recovery. Waiting for days or weeks to see a doctor won’t help. After getting injured in an accident, the first step to a speedy recovery is to seek medical attention from a physician or the emergency room team.
Delayed Medical Care Can Make You Liable for Some of Your Costs
Delaying medical attention can lead to a worsening of your condition. In the eyes of the court, this may cause you to be seen as partially responsible for your medical care. Personal injury law allows for shared responsibility, known as comparative negligence. Under comparative negligence, your compensation is lowered according to the portion that your negligence contributed to your damages. If you wait to seek medical care, the defendant may argue that your condition wouldn’t have worsened if you had sought immediate attention, and our negligence was partly to blame for your condition. Proving otherwise without a timely medical evaluation and diagnosis can be challenging. It’s crucial to seek medical care immediately to ensure that the responsibility for your treatment remains with the defendant.
Serious Injuries May Not Manifest Immediately
Soft tissue injuries might not show symptoms right after an accident. For example, back problems could arise weeks or even months later. It’s essential to seek medical attention even if you don’t feel hurt at the scene of a severe accident. These injuries may not appear serious initially, but they can lead to long-term pain and expensive medical expenses.
Delaying Medical Treatment Reflects Poorly and Could Negatively Impact Your Claim
It’s important to seek medical treatment promptly after an accident. Delaying treatment could give a judge, jury, or insurance agency the impression that your injuries aren’t serious. It could also cast into doubt the link between your injuries and the accident. Immediate medical care documents your injuries and their severity and creates evidence linking them to the accident. It also shows that you are taking your medical recovery seriously and are getting the necessary care to limit damages and recover quickly.
Why Hire an Attorney After a Bus Accident in Naperville?
The laws and legal processes following a bus accident can be intricate, underscoring the importance of retaining a bus accident attorney. Seeking the assistance of a bus accident lawyer is vital in getting you through the bus accident claim timeline and safeguarding your rights. Some advantages of hiring a bus accident lawyer include:
Knowledge of Bus Accident Laws:
Bus accident lawyers are well-versed in the intricate laws and regulations governing bus accidents. They understand the principles, including liability issues, insurance policies, and applicable state and federal laws. This understanding allows them to analyze the circumstances of your case, identify responsible parties, and build a strong legal strategy tailored to your situation.
Determine Liability
Determining liability is a major challenge in bus accident cases. Several parties may be involved, such as bus operators, bus companies, government entities, other drivers, or even manufacturers of faulty bus components. To seek compensation from the responsible parties, a bus accident lawyer must conduct a comprehensive investigation, collect evidence after a bus accident, and seek expert testimony to establish liability.
Handle Insurance Claims
It can be challenging to navigate insurance company dealings, as they prioritize their concerns over those of accident victims. Bus accident lawyers should be well-versed in managing Insurance claims after bus accidents, and are knowledgeable about the strategies employed by insurance adjusters to reduce compensations. They can advise you on whether to take the initial offer from the insurance company. They will advocate for you to guarantee equitable reimbursement for medical costs, lost earnings, emotional distress, and other losses.
Gather Evidence
To build a compelling case, gathering and preserving evidence is essential. Attorneys have the necessary skills and resources to obtain this evidence, including accident reports, eyewitness accounts, surveillance videos, and expert testimonies. Additionally, they will review medical records, police documentation, and other records to determine the complete scope of your injuries and losses.
Negotiate Settlements
Experienced Illinois bus accident attorneys understand case valuation and use it to negotiate fair compensation. If insurers refuse to offer a reasonable settlement, your attorney can prepare to take the case to trial.
Representation in Litigation
Sometimes, reaching a fair agreement through negotiation is not possible. In these instances, having a bus accident lawyer with experience with trials is valuable. They will offer robust representation in the courtroom, presenting your case to a judge and jury and advocating for your rights. Their legal experience, courtroom abilities, and convincing arguments can enhance the likelihood of a positive result.
If you’ve been in a bus accident, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for assistance in seeking compensation.
Bus Accident FAQs
How Long Do I Have to File a Bus Accident Claim?
In Illinois, you typically have two years from the date of your injury to file a claim. However, there are certain circumstances where this timeline may be shortened or increased. For example; cases involving government-operated buses may have shorter deadlines. Consult a bus accident attorney to avoid losing your right to recover damages.
Do I Need to Hire a Bus Accident Lawyer?
While you can file a claim on your own, hiring an attorney improves your chances of success. An attorney can help you protect your rights and ensure you get the compensation you need to move forward with your life.
Does a Bus Accident Claim Always Go to Court?
Not always. Sometimes, a bus accident can be settled out of court if a reasonable offer is made by the insurance company, or a satisfactory compromise is reached. In these situations, there is typically no need to progress to trial. However, if a compromise cannot be reached, or the insurance company is not cooperating, then court may be the only option for recovering rightful compensation.
