Bus accidents can lead to devastating harm. Due to the sheer size of most buses, the injuries involved are more likely to be serious and even life-threatening compared to those in ordinary car accidents. If you or someone close to you has been hurt in this type of collision, we can help. Our Wheaton and Schaumburg bus accident lawyers are committed to helping clients resolve their personal injury claims in a favorable and efficient manner. With extensive experience, we can thoroughly investigate your case and file a claim if necessary.Bringing a Claim Based on a Bus Accident
Buses are generally defined as vehicles to carry 10 or more passengers, excluding the driver. These may include school buses, passenger buses, passenger vans, and shuttle buses. Since buses transport the general public, bus drivers are typically considered common carriers under Illinois law. Thus, they are held to the highest standard of care, requiring bus operators to take all needed precautions to protect passengers and others on the road, such as other drivers, bicyclists, and pedestrians. For example, a bus driver who takes children to school must follow all of the road rules pertaining to driving a school bus.
If you have been injured or lost a loved one in a bus accident, you may be entitled to compensation through a negligence claim. Negligence occurs when a person causes an accident by failing to use reasonable care behind the wheel. Reasonable care refers to the level of care that a reasonably competent person would have used in the same or similar circumstances. To prove negligence, a bus accident attorney in the Wheaton or Schaumburg areas will need to show that the defendant owed a duty of care, the defendant breached the duty of care, and the defendant’s breach was a direct cause of the bus accident and the plaintiff’s resulting harm.
It is important to note that Illinois follows the modified comparative negligence doctrine, in which fault is relatively apportioned to each party involved. This means that any damages awarded to the plaintiff are reduced by an amount equal to his or her percentage of fault for the injuries. However, a plaintiff can recover damages only if he or she is less than 51 percent at fault. In other words, a plaintiff who is 50 percent or less at fault will not be barred from recovering compensation altogether.
Depending on the specifics of your accident, a Wheaton or Schaumburg bus accident attorney may be able to get you compensation that includes hospital bills, rehabilitation costs, lost wages, pain and suffering, property damage, and any other losses stemming from the accident. If you have lost a loved one in a bus accident, you may be entitled to wrongful death damages, such as funeral and burial costs, medical costs incurred prior to death, loss of consortium, and more. Each case is different, and the specific amount of damages that a plaintiff will be entitled to obtain will vary depending on the nature and extent of the harm suffered.
It is important to note that in Illinois, as in most states, there is a limited time in which bus accident cases must be filed, known as the statute of limitations. Under Illinois law, you have two years to file a lawsuit in civil court against a private bus company and one year if the lawsuit is against a public bus company. The clock on the statute of limitations typically begins to run on the date of the accident. Failing to file within the legal deadline could mean losing your right to pursue compensation altogether, which is why it is imperative to work with someone who will take action promptly and heed the procedural deadlines in this area of law.Seek Assistance from a Bus Accident Lawyer in Wheaton or Schaumburg
If you were injured in a bus accident, you may be entitled to compensation for your harm. At Therman Law Offices, our attorneys can analyze the facts of your case and help you understand your legal rights and options. You can rest assured that we will take care of all of the details of your claim so that you can concentrate on your recovery. We proudly represent people in Wheaton, Schaumburg, Arlington Heights, Hoffman Estates, Streamwood, Elgin, Bartlett, Hanover Park, Bensenville, Wood Dale, Bloomingdale, and Roselle, among other areas. For more information, feel free to call us at 312-588-1900 or contact us online. We also handle cases arising from truck accidents and other collisions involving large vehicles.