Pennsylvania – March 30, 2021
According to National Highway Safety Administration Fatality Analysis Reporting Systems (FARS), the number of buses involved in fatal crashes decreased by 1% from 234 to 232 in 2017. A high priced federal lawsuit alleging negligence after a fatal bus crash injured more than 59 people, causing the death of five individuals in Westmoreland County has been filed. A woman and her daughter who were severely injured are seeking $10 million dollars for the daughter and $5 million dollars for the mother for negligence, negligent hiring, and negligent supervision. While this is one example of a high price tag for personal injury damages associated with a bus accident, it is not uncommon for increased damage compensation requests, because bus accidents result in catastrophic injury requiring lifelong medical and behavioral care for multiple parties. After a bus accident causes fatal injury, and catastrophic traumatic brain injury, or other lifelong negative health conditions, attorneys in Pennsylvania can fight for victim’s and families’ rights to comprehensive compensation under Pennsylvania State Laws.
Request for increased damage awards.
The size of a bus and the possible number of passengers impacted increases the possibility of catastrophic costly outcomes when a bus is involved in an accident. If an individual is hurt, or a loved one has been harmed because of a bus accident, an experienced accident attorney can build a winning case for damage compensation utilizing inter and intrastate travel laws and by researching relevant driver proficiency screenings, travel logs and company maintenance reporting to prove negligence. Common carriers are also impacted by their owed higher duty of care to ensure the safety of passengers, and the public they serve. When bus drivers, or companies do not observe the higher duty, it can be considered an act of negligence when injury, or property damage occurs. A bus accident attorney will have to prove negligent actions by the bus driver, bus company, bus maintenance company, insurer, or licensing agency to support high damage awards.
The “modified comparative negligence” rule that Pennsylvania utilizes in accident cases allows an individual to recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, and victims can only seek damages from if they are less than 51 percent at fault. A bus accident lawyer will guide accident victims actions utilizing support laws based on each individual case fact pattern.
Traumatic brain injury.
In this case where residual personal injury includes traumatic brain injury (TBI) the requested awards will cover expenses related to both short and long term care, and any TBI-related disabilities that negatively impact individual future financial security, and costs related to medical treatment and home remodeling to address physical impairments. Experienced injury attorneys will work with medical professionals, and other experts to determine damage valuations when traumatic brain injury occurs.
Talk to a lawyer.
Legal professionals at Scanlon & Wojton Law Firm are instrumental in damage recovery after a bus accident results in traumatic brain injury and catastrophic loss. Bus accident victims should consult with a lawyer shortly after an accident to give legal counsel ample opportunity to fully research the case and guide actions for victim’s financial recovery.
Scanlon & Wojton, Attorneys at Law
The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pennsylvania 15219
Phone: (412) 918-1241
Fax: (412) 235-7275