Bus and public transportation accidents can be tough to navigate when it comes to filing a claim against the liable party. Learn your legal rights when it comes to being a victim of a bus or public transportation accident in the State of Nevada.
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Understanding Bus Accidents and Public Transportation in Nevada
Types of Public Transportation in Las Vegas
Because Las Vegas is a massively popular tourist destination, there are many different types of public transportation to aid those who are visiting and didn’t bring their car.
These forms of transportation include:
- Las Vegas Monorail
- Las Vegas Strip Trams
- Las Vegas Buses
- Las Vegas Airport Shuttles
Common Causes of Bus Accidents
While public transportation, including buses, are generally very careful to avoid accidents, they still happen. There are a couple of common causes that could trigger a bus accident.
Driver Error
Driver error is a typical cause of all types of motor vehicle accidents, including buses. This can include inadequate driver training, which can happen when companies hiring drivers do not properly train their new employees on how to safely operate a bus in order to save costs. It also covers distracted driving, which can be a result of phone usage, eating food or drinks, fatigue, or unruly passengers.
Mechanical Failure
When operating any kind of motor vehicle, mechanical failure is always a danger. If there’s a manufacturing defect, the bus isn’t properly maintained, or there’s faulty equipment, an accident is not only possible but likely.
External Factors
Some external factors that could cause a bus accident involve dangerous road conditions, like potholes, low visibility from thunderstorms, and slippery roads. They also include other drivers’ negligent driving, like running red lights or suddenly switching lanes.
What are some common causes of bus accidents in Nevada?
Common causes include driver error, such as inadequate training or distracted driving, mechanical failure due to manufacturing defects or poor maintenance, and external factors like dangerous road conditions or negligent driving by other motorists.
No matter the cause, bus accidents can happen. And when they do, it’s important to know your legal rights.
Legal Considerations in Bus Accidents
If a bus operator caused an accident, you do have cause for legal recourse. In the state of Nevada, they have the Torts Claim Act, which allows bus passengers to follow a process that involves filing a formal personal injury lawsuit. This act, however, only is applicable if the bus driver themself is the cause of the accident. If the cause was another reckless driver, this law does not apply and the process will be a little different.
Liability in Bus Accidents and Public Transportation Cases
Bus Driver Liability
Bus drivers have a responsibility to safely transport their passengers to their destinations. If their driving is negligent, they are liable for any accidents that they cause.
Who can be held liable in a bus accident in Nevada?
Several parties can be held liable, including the bus driver, the transit authority, the government (if the bus is government-owned), and other motorists if their negligent driving caused the accident.
Transit Authority Responsibility
Similarly, transit authorities exist to ensure the safety of both the passengers of a bus and the pedestrians. If a driver is negligent, or even if there are unsafe driving conditions and they decide to run the buses anyway, they can be liable, as well.
Government Liability
If the buses are owned by the state, city, or county, the government could be liable for any accidents that take place. However, taking legal action against a government entity becomes much more complex as it has its own set of rules and regulations.
Other Motorists’ Liability
If the accident is caused by another motorist’s negligent driving, they can also be held liable. Like bus drivers, they have a duty to operate their vehicles safely and responsibly. If this duty is breached, there can be consequences for it.
Determining Fault and Negligence in Bus Accidents
Investigation and Evidence Collection
Determining who is at fault for a bus accident can be a complex process. In order to prove negligence, a professional personal injury lawyer will look at police reports, bus operator records, CCTV footage, and witness statements to establish essential details.
What is the role of a bus accident lawyer in these cases?
A bus accident lawyer guides the victim through the legal process, collects evidence, prepares expert witnesses, presents the case in court, and negotiates settlements.
Expert Witnesses
Like evidence, expert witnesses are a vital part of the process. Particularly in bus accidents, an accident reconstruction expert can investigate the incident and paint a picture of what happened to the judge and jury. In these types of cases, a medical expert could also be essential to explain the extent of the injuries, the medical costs, and the recovery processes. Similarly, an economic expert would be able to show just how much damage the injured party should be getting by analyzing their pre-injured earning potential and how much money they would be losing due to their injury.
Comparative Negligence
Comparative negligence is a defense that can limit the amount of compensation that can be rewarded to the injured party. It’s a tort principle that takes into account if the injured party was negligent or responsible for the accident in any way. If they are, it can negatively affect how much in damages they can claim.
Seeking Legal Assistance in Bus Accident Cases
Importance of Hiring a Bus Accident Lawyer
Taking legal action in a bus accident case can be complicated. Having someone on your side that has experience with the laws and being in court will be invaluable in ensuring that it is a smooth process and the maximum amount of compensation is rewarded.
Role of Bus Accident Lawyer
A bus accident lawyer will be there every step of the way. From collecting evidence to preparing expert witnesses to present the case in court, they will make the process not only efficient and effective but also as easy as possible for the injured party.
Statute of Limitations and Time Restrictions
The statute of limitations, or deadline for taking legal action, is two years after the accident date. It’s important to make your claim as quickly as possible so that the party responsible for the accident doesn’t have the opportunity to attempt to reduce their liability.
Compensation and Legal Recourse for Bus Accident Victims
Types of Compensation
There are varied types of compensation that the bus accident victim can ask for, including:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Future Damages
What types of compensation can a bus accident victim claim in Nevada?
Victims can claim compensation for medical expenses, lost wages, pain and suffering, and future damages related to the accident.
Pursuing a Personal Injury Claim
Filing a personal injury claim may seem daunting, but, with the help of an experienced personal injury lawyer, it can be quite simple.
The first step in pursuing a personal injury claim comes before you even think about legal action. In a bus accident case, it is essential to seek medical treatment for your injuries when they happen. Not only for your own health, but it acts as proof of an injury.
The next step is to get together proper documentation and consult a legal expert. If taking legal action is worth it, then an official claim will be filed, and a personal injury lawyer will be able to take over gathering evidence, procuring expert witnesses, and presenting the case.
Settlement Negotiation and Litigation
In bus accident cases, it is possible for the case to be settled outside of court. An agreement on compensation can be agreed upon before a jury ever sees it. However, if the compensation is not fair, it may be worth taking it to court anyway.
Call the Experts at Naqvi Law
In the state of Nevada, you are able to pursue a personal injury claim against any party liable in a bus or public transportation accident. However, it can be difficult to deem which party involved is liable for the accident, and filing a complaint can be tricky to navigate.
That’s why it’s vital to give Naqvi Law a call to consult with one of our highly-skilled lawyers. As an agency that is home to the “top one percent” of attorneys recognized by The National Association of Distinguished Council, our lawyers are not only experienced but trusted, as well.
If you’re in need of a personal injury lawyer, call us at (702) 919-7543 or contact us on our website for a free consultation.
