After a bus crash, you may find it challenging to navigate the state’s insurance laws and the potential involvement of the government and multiple liable parties, so it is essential to know what mistakes to avoid. When government agencies are involved in a claim, you need to take additional steps, such as determining whether sovereign immunity may be a factor.
The massive size of buses and their lack of common safety equipment, such as seat belts and airbags, can make bus accidents severe, leading to life-altering or fatal injuries. Therefore, avoiding errors in your pursuit of compensation is essential. Our seasoned attorneys at Kaire & Heffernan will help you learn more about the mistakes to avoid after a Miami bus accident.
The first crucial error some bus accident victims make is delaying or skipping medical treatment in Miami, especially if they do not believe their injuries are severe. In the moments after an accident, adrenaline can mask pain. As a result, severe injuries to areas such as the neck or back may not present themselves right away.
To obtain payment through your auto insurance provider under Personal Injury Protection or a civil lawsuit, you must provide evidence that you sustained damages from the accident. By delaying treatment, you may create gaps or make it appear as though your injuries are not related to the accident.
Failure to immediately report the accident to local authorities is another error that can hinder your ability to collect a settlement from the responsible party. You should call 911 to report the incident and request that a police officer visit the scene to conduct an investigation. A police report will provide an impartial record with a determination of fault that could support your claim.
Failing to document the case is among the other mistakes you should avoid after a Miami bus collision. It is crucial that you begin collecting evidence for your case immediately after the accident, including taking photographs or videos to document the following:
The state’s comparative negligence rule, Florida Statute § 768.81, makes establishing the full extent of the defendant’s fault crucial. If the insurance company or civil court finds that you share less than 50 percent of the liability for the accident, they deduct that amount from the award for damages. If you determine you are more than 50 percent responsible, they will bar you from recovery.
Apologizing for the incident or accepting fault when speaking to other people or to insurers can significantly reduce your settlement amount. Even making statements that someone could interpret as accepting blame for the accident can cause you substantial problems when you pursue an award for damages.
The risk of admitting fault is particularly high when the accident involves large agencies such as bus companies. Organizations within the industry often have a legal team and multiple insurance agencies acting on their behalf.
Speaking directly with adjusters can also be problematic because insurance companies train them to minimize payments. Providing a recorded statement without consulting a legal professional could significantly reduce your settlement amount.
Accepting quick and early settlements from the bus operator’s insurance provider can often be a mistake because they may undervalue the future costs of the injuries you sustained. Taking the time to ensure you have all the necessary information is crucial. Our skilled lawyers are familiar with the common errors to avoid after a Miami bus crash and will handle the communication and negotiations on your behalf.
Knowing your legal rights and obligations and taking the appropriate steps to protect yourself is crucial. Even what seems like a minor error can significantly diminish your settlement.
Contact Kaire & Heffernan today to schedule a consultation with a practiced lawyer and learn more about the mistakes to avoid after a Miami bus accident.
(305) 876-6001