Georgetown Bus Accident Lawyer
South Carolina is a popular tourist destination, which is a big reason the Palmetto State has one of the highest number of bus crashes per capita in the country. The nature of bus travel, and the demands put upon drivers contribute to this high total as well. Usually within two or three hours of a crash, bus company lawyers start looking for ways to reduce or deny compensation in these cases. Only a tenacious Georgetown bus accident lawyer from the Stanley Law Group gives victims a fighting chance.
Even with this partnership, the struggle for fair compensation is like the fight between David and Goliath. The bus company (Goliath) has almost unlimited resources and, since it has a safety brand to protect, strong motivation to fight claims. But Georgetown bus accident lawyer Mark Stanley (David) has right on his side. That, along with five smooth stones and a reliable slingshot, is enough to take down the biggest Goliath.
Georgetown Bus Accident Lawyers and Liability Issues
To obtain maximum compensation in these cases, attorneys must establish first-party liability and third-party liability.
First-party liability is, quite simply, negligence, or a lack of care. Negligence is easier to prove in bus crash cases, because bus drivers and other commercial operators have a higher duty of care. The bigger they are, the harder they fall.
Following distance is a good example. Most noncommercial operators should maintain about a two-second cushion between their vehicles and the vehicles in front of them. The recommended commercial operator following distance is six seconds, or even longer in many cases.
As a result, almost any driver error is negligence, not an “accident.” Common negligent driver errors among bus drivers include:
- Operator Impairment: Many intercity and tour bus drivers are behind the wheel early in the morning and/or late at night. Most people are naturally drowsy at these times. Fatigue, like alcohol, clouds judgment and slows motor skills. Furthermore, there’s no quick fix for either condition. Only time cures alcohol impairment, and only sleep cures fatigue.
- Aggressive Driving: Most tour bus drivers have strict schedules that, in most cases, do not make allowances for weather, traffic, or other adverse conditions. So, when conditions are good, they often speed. Excessive velocity is a serious injury double whammy. It increases the risk of a crash and the force in a collision.
Sometimes, operator impairment and aggressive driving overlap. Driver distraction is a good example. Many times, bus companies require bus drivers to wear multiple hats, such as driver, chaperone, and tour guide. No one can safely operate a huge vehicle like an intercity bus under such conditions.
Usually, the transportation or other company that owned the bus is financially responsible for damages in these matters. The respondeat superior rule applies if the tortfeasor (negligent driver) was an employee (someone under employer control) who was working in the course and scope of employment (activity that benefited the employer in some way) at the time of the crash.
Resolving a Case
Most serious injury cases settle during mediation. A third-party mediator oversees a settlement negotiation session and ensures that both sides negotiate in good faith. “I’ll see you in court” is not a good-faith offer. Both sides must honestly try to settle the matter before trial.
Mostly because of the good faith negotiation duty, and also because both sides want to avoid an uncertain trial, civil mediation is about 90 percent successful.
Count on a Detail-Oriented Georgetown County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Georgetown bus accident lawyer, contact the Stanley Law Group. We do not charge upfront legal fees in these matters.
