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Why are damage awards so high for bus accidents in Pittsburgh Pennsylvania?

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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.

Insurance recovery.

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

Sources:

https://triblive.com/local/westmoreland/mother-and-daughter-injured-in-i-70-bus-crash-last-year-file-suit/

https://www.fmcsa.dot.gov/regulations/title49/part/383https://www.fmcsa.dot.gov/regulations/understanding-passenger-carrier-regulations

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.037.042.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

 

Why would an accident victim in Baton Rouge need to obtain legal representation?

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Baton Rouge, LA – When someone is involved in a car accident, they should contact the police and their insurance company. However, some collisions result in losses and damage that cannot be settled with the insurance process alone. The reason victims get help from accident lawyers is to fight for compensation from the person responsible for the collision or their insurance provider. This is usually necessary if there are serious costs tied to medical treatment and lost income because the victim cannot work and requires long term healthcare. 

Significant costs of an accident

Many insurance policies for auto accidents will cover somewhere between ten and fifty thousand dollars worth of property damage and medical treatment. There are also certain types of losses that are not covered at all, depending on the terms of the specific policy in question. If someone is seriously hurt, their costs of medical treatment and missing wages can easily reach into the hundreds of thousands or millions of dollars. Lawsuits are the only way to recover such large amounts. There is also the possibility of payment for non-economic losses tied to pain, suffering, and trauma that are available through lawsuits but not insurance claims. 

What is personal injury law?

Some lawyers focus their entire career on people who were hurt in accidents and need help paying for their injuries. Most personal injury lawyers spend a majority of their time filing negligence cases. This means that a driver, business, or other party did not exercise the appropriate level of care and caused the plaintiff’s injuries. Negligence cases also allow the victim to summarize all of their losses when arguing for damages. Most personal injury cases will end with a settlement that compensates the victim with a fair amount based on their damages, but a trial is also possible. Accident victims can schedule an initial meeting with a firm to see if this process is necessary in their situation. 

What the lawyer will do to start the case

After the client agrees to representation, the attorney will draft a complaint that outlines some important facts. This includes the time and place of the crash, the other parties involved, a summary of losses, and basic legal arguments regarding fault. This complaint is filed with the local civil court and the defendant is also served with a copy. The defense has a chance to answer and either admit or deny the information in this complaint. 

Personal injury cases in Baton Rouge

Miller, Hampton, and Hilgendorf assist accident victims with various matters in the Baton Rouge area. Their attorneys are licensed and in good standing in Louisiana, and they have significant experience in all aspects of personal injury law. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com