Do I Have a Case If I Was Hit by a Bus on a Crosswalk?

Question from Kawayne, Do I Have a Case If I Was Hit by a Bus on a Crosswalk?

Answer from AI:

If you were hit by a bus while using a crosswalk in the United States, you might be wondering about your legal rights and whether you have a valid case for compensation. The answer depends on several factors, including the circumstances of the accident, the laws of the state where the accident occurred, and the specifics of your injuries. Here’s a general overview to help you understand the key considerations.

Understanding Negligence and Liability

In most personal injury cases, including those involving pedestrians hit by vehicles, the concept of negligence plays a central role. To have a viable case, you typically need to prove that:

1. The bus driver owed you a duty of care.
2. The bus driver breached that duty of care by acting negligently.
3. The bus driver’s negligence directly caused your injuries.
4. You suffered damages (e.g., medical expenses, lost wages, pain and suffering) as a result.

Factors That Can Affect Your Case

Several factors can influence the outcome of your case, including:

• Local Traffic Laws: Laws vary by state and even by city. Some jurisdictions have specific rules protecting pedestrians in crosswalks, which could strengthen your case.
• Comparative Fault: In some cases, the court may find that both the pedestrian and the driver were partially at fault. Many states follow a “comparative fault” rule, which means your compensation could be reduced by your percentage of fault.
• Bus Company Liability: If the bus was operated by a public transportation agency, different rules might apply. Claims against government entities often have shorter filing deadlines and require specific procedures.

Steps to Take After the Accident

If you’ve been hit by a bus on a crosswalk, consider taking the following steps:

1. Seek medical attention immediately, even if you don’t think you’re seriously injured.
2. Report the accident to the police and ensure a police report is filed.
3. Collect evidence, including photos of the scene, contact information for witnesses, and any surveillance footage that may have captured the accident.
4. Keep detailed records of your injuries, medical treatments, and any related expenses.
5. Consult with a personal injury attorney experienced in pedestrian accidents. An attorney can help you navigate the legal process, deal with insurance companies, and maximize your compensation.

Consulting a Legal Professional

It’s important to consult with a personal injury attorney who can provide personalized advice based on the specifics of your case. An attorney can help you understand your rights, the applicable laws in your jurisdiction, and the best course of action. Remember, personal injury cases often have strict deadlines known as statutes of limitations, so it’s crucial to seek legal advice as soon as possible.

For more information on pedestrian rights and safety, you might find resources like the National Highway Traffic Safety Administration’s Pedestrian Safety page helpful.

Note: This information is intended to provide a general overview and should not be construed as legal advice. Laws and legal procedures are subject to change and can vary widely based on your specific circumstances and location. Always consult with a qualified legal professional for advice tailored to your situation.