Stillwater Bus Accident Lawyer
Personal Injury Representation Throughout Payne County, Guthrie, Pawnee, Perry, Ponca City, and all of Oklahoma State.
Whether you were a passenger on a bus or a motorist involved in a bus collision, if you have been injured in a bus accident, you know that it is a major life-altering events. Bus accidents are particularly dangerous because bus passengers are generally unrestrained, which puts them at a high risk for serious bodily injury.
Bus accidents frequently involve children aboard school buses. They also commonly include private bus lines and buses involved in public transportation. Injuries from bus accidents do not just involve bus passengers, they commonly also involve pedestrians and other motorists as well.
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Following a bus accident, the injured party is immediately confronted with numerous questions, concerns, and issues that quickly accumulate. Questions and concerns involving medical treatment, property damage, health insurance, and lost wages are just a few of many that are likely to follow.
Given these mounting preoccupations, it is important that you retain an experienced Stillwater bus accident lawyer to navigate you through the process to ensure the best possible outcome of your case.
What to Do After a Bus Accident
Immediately following a bus accident, the insurance carrier begins preparing their case, as it is their job to keep you from the company money. Whether you like it or not, your case begins at the scene of the accident and you must take steps to protect yourself.
At the scene of the accident, you should attempt to get the names and contact information of any witnesses to the accident. Do not make any statements regarding fault to the adverse driver or responsible party as your words may be twisted by the bus company later down the road. When possible, take photographs of the accident scene, including pictures of the vehicles and pictures of the general area surrounding the accident, along with pictures of your injuries as well. In many cases, it is simply not possible to do these things, depending upon the nature and degree of your injuries at the scene.
Do not decline medical attention at the scene. You should immediately get checked out at an Emergency Room the day of the wreck regardless of whether you think you are seriously injured or not. People often do not experience some of the symptoms from their injuries until days after the wreck, but diagnostics such as x-rays, CT scans, and MRIs may detect them right away. An ER visit ensures that you don’t miss any injuries that you may not feel as a result of being many in a state of “shock” after a wreck. It also helps document any symptoms and complaints you experienced following the bus wreck so that you may be referred to proper specialists who can assist you with your treatment and healing.
If you wait to go to the ER, you open the door for the adverse insurance company to attribute your injuries to some other event apart from the bus collision.
Finally, do not speak with representatives from the bus companies at any point!
Retain an Experienced Stillwater Bus Accident Lawyer Immediately
Retaining an experienced Stillwater bus accident lawyer to represent you will shield you from all of the potential pitfalls and trappings that may befall you as you proceed with your case. A skilled Stillwater bus accident lawyer will likely have experience with the bus companies’ attorneys and representatives and be familiar with their tactics, as they attempt to dismiss your claim.
Your attorney will immediately acquire a copy of the accident report, interview witnesses, and notify bus company’s agents that you are represented, and are making a claim for personal injuries. This prevents the bus company’s agents from contacting you outside the presence of counsel and assures that all settlement negotiations are conducted through your attorney. All too often, claim adjusters for the bus company act sympathetic and caring to the unrepresented party to gain their trust in order to take advantage of that trust when it’s time to settle the case. They frequently make early, low-ball settlement offers to entice the injured party to take a pittance of what their case is truly worth, even before they have adequately healed from their injuries or have a clear picture of their total lost wages and loss of earning capacity.
Retaining a skilled bus accident attorney will prevent all of the bus company’s tactics. An attorney focused on bus injuries knows their tricks and will balance the scales in your favor. They will ensure that all of your lost wages and past and future medical bills are accurately accounted for, along with any other damages and harms you suffered. Your attorney will get the maximum value for your case, and will cost you nothing out of pocket as that attorney will work for you on a contingency fee basis. That means you don’t pay them unless they win your case.
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Common Medical Defenses Raised by Bus Companies
In order to prevail in an injury case against the bus company, an injured party must show that the injuries and resulting need for medical treatment, was caused by the bus accident. In defending the case, representatives for the big bus companies always attempt to show that the medical treatment received was due to some other cause than the bus accident. Two of the most common ways bus companies mount this defense are by exploiting “gaps” in medical treatment and through pre-existing injuries or conditions. If these two issues are not properly dealt with by an injured party, they can be case killers.
Gaps in medical treatment occur when injured parties wait too long to seek medical treatment. When an injured party declines emergency medical care immediately following the accident, but later seeks care several days or weeks later, a gap between the date of the accident and the date of the first medical treatment is created. Representatives of the big bus companies are very mindful of this timeline and will attempt to persuade the Court that the injuries being treated on that later date came from some other subsequent cause or source and not from bus accident. They are often successful with this approach.
Therefore, it is absolutely imperative for bus accident victims to seek medical treatment immediately after the accident. By their nature, certain injuries commonly seen in bus accidents can have later manifestations, meaning that many of the symptoms do not pop-up until days after the accident. This is very common in spinal injuries to the back and neck, and is also seen in cases involving internal injuries and nerve injuries as well. An Emergency Room medical record from the date of the accident will document the fact that a party was in a bus accident and will also detail what physically occurred to the injured party’s body in the accident. An immediate ER visit on the day of the accident will protect that injured party from bus company representatives raising a “treatment gap” defense.
Pre-existing injury defenses are most commonly seen when people experience pain and injuries from the bus accident in body parts that had been previously injured. Bus companies nearly always attempt to dismiss new injuries as mere recurrences of old injuries that were not the result of the bus accident. If an injured party re-injures that body part, it is important that they communicate to the doctor that they were pain-free or symptom-free from the old injury prior to the accident, and that the current symptoms represent new pain or advanced pain levels and stem strictly from the bus accident. If communicated properly, this should help shield the injured party from a preexisting injury defense.
To avoid these two traps and other medical pitfalls, it is important to retain an experienced Stillwater bus accident lawyer as soon as possible. An experienced attorney will help steer you through these medical issues and all others that are sure to arise in nearly every case.
What If I Am Partially At Fault For The Accident?
A common question asked by people in bus accidents is “If I was partially at fault for the accident can I still prevail in my case?” The good news is that under Oklahoma’s comparative fault law, even if a person is deemed to be partially responsible for the accident, that party may still be awarded a recovery for their injuries, so long as they are not deemed to be 51% or more at fault — at 50% or less, they can still recover.
However, under Oklahoma’s comparative fault law, a party’s total monetary award is reduced in proportion to his or her share of the fault. For example, if a person who was deemed to be 20% at fault received an award of a hundred-thousand dollars, the share they would receive would be eighty-thousand dollars.
Monetary Damages
Should an injured party prevail on their bus accident case, Oklahoma law permits a party to recover economic damages such as reimbursement for past medical bills, lost wages, out-of-pocket costs, and the costs of future medical treatment and surgeries deemed necessary by a medical expert. Oklahoma law also permits an injured party to recover non-economic damages as well which include mental anguish, pain and suffering, and awards for permanent disfigurement. However, under Oklahoma law an injured party’s noneconomic damages are generally capped at $350,000.00.
It is important to hire a skilled and experienced Stillwater bus accident lawyer immediately, as they will ensure you maximize your recovery by tracking and itemizing all of your medical bills, mileage, lost wages, and out of pocket expenses, along with any other costs you incurred as a result of the bus accident.
Frequently Asked Bus Accident Questions
What should I do after being injured in a bus accident in Stillwater?
After a bus accident injury in Stillwater, seek immediate medical attention even if injuries seem minor, report the accident to the bus driver and request an incident report, document the scene with photos if possible, collect contact information from witnesses and other passengers, obtain the bus company name and driver information, and preserve any physical evidence like torn clothing or damaged belongings. Do not sign any documents from the bus company or their insurance, and contact Stillwater bus accident lawyer James V. Murray immediately to protect your rights before critical evidence disappears.
What are the differences between bus accident claims and car accident claims?
A school bus accident is different from a typical car accident because the bus is owned by a school and governed by Oklahoma’s Governmental Tort Claims Act. This means a shorter one-year statute of limitations applies, and the school district must be put on notice immediately. It’s important to hire an attorney experienced with school districts and the Governmental Tort Claims Act to make sure all of your rights are protected.
How do I choose the best attorney for my bus accident case?
Look for an attorney with real experience handling school bus wreck cases specifically, not just general injury cases. Research their background, confirm they have relevant experience, and choose someone you feel comfortable trusting to guide you through the process. Since the statute of limitations on a school bus claim is just one year and requires prompt notice to government entities involved, don’t wait to reach out.
What mistakes should I avoid after a bus accident?
The biggest mistake is not taking action when a child is injured on a school bus, whether from a wreck, an altercation, or a bus driver’s negligence. Even if an injury seems minor, it could reflect a pattern with that driver that puts other children at risk. Always notify the school district and file an incident report or claim — this protects your own rights and can help prevent the same thing from happening to someone else.
Can I file a claim if my child was injured on a school bus?
Yes. If your child was injured because a vehicle struck a school bus, a bus struck a vehicle, or a bus collided with a truck or another bus, you may have a claim against the school bus driver for failing to follow safety rules, as well as a claim against whichever other party caused the wreck. These cases require quick investigation to identify everyone involved and preserve the evidence needed to support your claim.
Who can I sue for my child’s injuries on a school bus?
If the bus driver caused the accident, the school bus driver and the school district are generally liable. Other third parties or insurance companies may also be involved depending on the circumstances, and determining exactly who’s liable isn’t always straightforward. It’s best to hire an attorney experienced with this specific type of case as soon as possible.
How long do I have to file a school bus accident claim?
School bus claims in Oklahoma are governed by the Governmental Tort Claims Act, which requires notice within one year of the incident and gives the school district time to respond before a lawsuit can be filed. This process is more complex than a typical injury claim’s statute of limitations, so it’s best to have an attorney handle the notice and filing requirements to make sure none of your rights are lost.
What compensation can I recover after a bus accident in Stillwater?
Bus accident victims in Stillwater may recover comprehensive compensation including all medical expenses from emergency care through long-term treatment, surgical costs and hospitalization, rehabilitation and therapy expenses, future medical care needs, lost wages and diminished earning capacity, pain and suffering from injuries, emotional distress and PTSD, permanent disability and disfigurement, loss of enjoyment of life, property damage, and punitive damages for gross negligence. Because buses often carry substantial insurance coverage, compensation can be significant. Attorney James V. Murray fights to recover maximum compensation for all your losses.
Contact Our Stillwater Bus Accident Lawyer Today
If you were injured as a result of a bus accident, do not hesitate to contact an experienced Stillwater bus accident lawyer at Murray Law Firm immediately to ensure the best possible outcome of your case. Navigating the nuances of the law can be tricky and fraught with traps for the inexperienced and unwary. That is why it is vital that you contact our office today.
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