If you’ve recently been involved in a bus accident in Indiana, you might feel overwhelmed and confused about what to do next. You may have questions about who is responsible for the accident, how the insurance process works, or what steps you need to take to ensure your case is handled properly. At this moment, it is completely natural to feel uncertain, but know that you do not have to navigate this situation alone. Our team at Wyant Law is here to help guide you through every step of the process with understanding and compassion.
We know that your feelings are valid, and we are empathetic to the challenges you’re facing as you deal with your recovery and the aftermath of an accident. Understanding Indiana’s comparative fault laws can make a significant difference in how your case progresses, so we’ll explain everything you need to know to give you confidence moving forward.
What Is Comparative Fault?
In Indiana, the law follows a principle known as comparative fault. This means that when more than one party is involved in an accident, each person’s level of responsibility is determined based on how much they contributed to the accident. Essentially, if both you and the bus driver or other parties share some responsibility for the accident, the amount of compensation you can receive will be reduced according to your degree of fault.
This system is designed to ensure that people are only held financially responsible for the portion of the accident that they caused. However, it can also complicate the process if you are partially at fault for the accident. The insurance companies involved will likely try to argue that your fault contributed to the collision, which could affect the compensation you’re entitled to. This is why having an attorney who understands how comparative fault works is crucial to achieving the best possible outcome in your case.
How Does Indiana’s Comparative Fault Law Affect Your Case?
Indiana follows a modified comparative fault rule, which means that if you are found to be more than 50% at fault for the accident, you are not eligible for any compensation. However, if your fault is 50% or less, you can still receive compensation, but the amount you are awarded will be reduced based on your percentage of fault.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
For example, if the jury decides that you were 30% at fault for the accident and the total damages in your case amount to $100,000, you would be entitled to $70,000 (the total damages minus your 30% fault). On the other hand, if you are found to be 51% or more at fault, you would not be eligible for compensation at all.
This rule can be tricky, and understanding how the fault is assessed is crucial to ensure you don’t lose your right to compensation. Often, the parties involved in the accident will have different versions of what happened, and insurance adjusters may try to downplay your injuries or shift blame onto you. That’s where a knowledgeable attorney can be invaluable in helping you defend your rights and ensure you are treated fairly.
How Fault Is Determined in Bus Accident Cases
In a bus accident case, the process of determining fault can be even more complex because buses are large vehicles, and there may be multiple parties involved. The bus driver, the bus company, other drivers on the road, and even pedestrians or cyclists could all play a role in the accident.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
For example, if the bus driver was speeding or failed to stop at a red light, they could be held responsible for causing the accident. On the other hand, if another driver caused a crash by running a red light and the bus driver was unable to avoid the collision, the fault might be shared between the two drivers.
In some cases, the bus company may be found responsible if their policies or maintenance practices contributed to the accident. If the bus had faulty brakes or other mechanical issues, the company might be held liable for not properly maintaining the vehicle. Additionally, if the bus driver was working outside the scope of their employment or was under the influence of drugs or alcohol, the company might not be held responsible for the bus driver’s actions.
This complex web of potential causes and responsible parties makes it even more important to have a legal professional by your side. An attorney can gather evidence, speak with witnesses, and work with specialists to help prove who was truly at fault for the accident.
What Should You Do After a Bus Accident?
After a bus accident, your first priority should always be your health and safety. Seek medical attention as soon as possible, even if you don’t feel immediate pain, as injuries from accidents can sometimes take hours or days to become apparent.
Once you are safe, try to gather as much information as you can about the accident. Take pictures of the scene, write down details about what happened, and speak with any witnesses who were nearby. If you can, try to obtain the bus driver’s name and contact information, as well as the bus company’s details.
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It’s also important to report the accident to your insurance company and the bus company as soon as possible. However, be careful about what you say to them. Insurance adjusters may try to get you to admit fault or provide statements that could hurt your case later on. This is another reason why having an attorney is so important—they can help you communicate with the insurance companies and ensure your rights are protected.
Why You Need an Attorney for Your Bus Accident Case
Navigating a bus accident case on your own can be daunting, especially when you are dealing with the complexities of Indiana’s comparative fault laws. If you are partially at fault for the accident, it can be difficult to understand how that will affect your case and how to protect your right to compensation. An attorney can help you build a strong case, gather evidence, and negotiate with the insurance companies on your behalf.
Your attorney will work with you to understand the details of the accident, the severity of your injuries, and the impact it has had on your life. They will fight to ensure that you receive the compensation you deserve, even if you share some responsibility for the accident.
Additionally, your lawyer will help ensure that the insurance companies don’t take advantage of you. Insurance adjusters are often focused on minimizing payouts, and they may try to shift blame onto you or downplay the extent of your injuries. Having a legal professional on your side can level the playing field and give you the best chance at receiving fair compensation.
At Wyant Law, we understand how overwhelming it can be to deal with a bus accident case, especially when you are unsure of how comparative fault laws will impact your recovery. We are here to help you understand your rights and fight for the compensation you deserve.
Our team will work tirelessly to gather evidence, speak with witnesses, and build a strong case to protect your interests. We know how to navigate the complexities of Indiana’s laws and will do everything possible to help you achieve the best possible outcome in your case. If you are facing a bus accident case and need assistance, don’t hesitate to contact us. We are here to help you every step of the way.
