Cuyahoga County reported 610 traffic accidents involving school buses between January 1, 2015, and August 30, 2020, according to the Ohio State Highway Patrol. These accidents led to eight fatalities and 82 serious injuries.
When you ride public transit, such as the Greater Cleveland Regional Transit Authority (RTA), you expect your bus driver and the other drivers on the road to use a degree of care. However, when the bus driver, or another driver on the road, causes an accident and you suffer injuries, you deserve to receive compensation.
However, recovering compensation from the school system or the RTA is not necessarily as straightforward a process as it would be from a private company. If you have been in an accident involving a bus, a Cleveland bus accident lawyer at Ben Crump Law, PLLC will review your case and help you evaluate your options for financial recovery. Not only is your consultation free, but you do not pay us a dime until we recover an award on your behalf.
You can reach a member of our team at Ben Crump Law, PLLC today at (800) 921-7227. Our lawyers never shy away from tough cases and will do everything in our power to get you a settlement you deserve.
What to Do After an Accident
If you are in a bus accident in Cleveland—whether you are a motorist, bicyclist, pedestrian, or passenger—notify the police and, unless you require immediate medical attention, remain at the scene until an officer arrives to investigate. If you are able, document as much of the scene as possible: Take photographs of the damage to your vehicle. Speak to witnesses and get their contact information. Get the name of the bus driver and the route.
Afterward, seek medical attention as soon as possible, and keep copious records not just of your out-of-pocket medical expenses, but also of time you missed from work, the amount of pain you are suffering, and anything else that might prove important to your case.
For a free legal consultation with a bus accidents lawyer serving Cleveland, call (800) 921-7227
Sovereign Immunity
In an effort to keep taxes low, Ohio law grants both the state and local governments and government agencies—including the RTA and the Cleveland Metropolitan School District—immunity from many kinds of lawsuits. However, one exception is recorded in Ohio Revised Code section 2744.02(1): the “injury, death, or loss to person or property caused by the negligent operation of any motor vehicle by their employees when the employees are engaged within the scope of their employment and authority.”
However, that exception comes with something of a caveat, which is contained in the Ohio Revised Code section 2744.05: If you use your insurance policy before filing a lawsuit to help you cover the costs, then the government agency is only liable for deductibles and damages that exceed the amount of the claimant’s health or car insurance coverage. The agency would be responsible for injuries suffered by an uninsured person.
This is different than what happens in an accident between private individuals in Ohio. As an at-fault state, Ohio typically requires the motorist responsible for the injury to pay for the other party’s injuries and property damage.
If you have questions about how governmental immunity may affect your ability to recover an award for your injuries, contact Ben Crump Law, PLLC today. A Cleveland bus accident lawyer might be able to help you get compensation for your losses.
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Potential Compensation
As with other personal-injury and property-damage lawsuits, Ohio does not limit the amount of compensatory damages you may recover, so long as those damages “represent the actual loss of the person who is awarded the damages,” according to the Ohio Revised Code section 2744.05. Damages that do not “represent the actual loss” are capped at $250,000.
The term “actual losses” refers to tangible things such as current and future medical expenses, current and future wage losses, and property costs. It excludes attorneys’ fees, as well as pain and suffering, mental anguish, and other intangible losses.
If the bus accident leads to a fatality, there is no limit on compensatory damages, which can include loss of support, loss of services, loss of companionship and care, loss of prospective inheritance, and mental anguish, among other things, as detailed in Ohio Revised Code section 2125.02.
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Statute of Limitations
As with other personal-injury and property-damage lawsuits in Ohio, claims against a government agency must be filed within two years of the accident, according to Ohio Revised Code section 2744.04. Wrongful-death claims must be filed within two years of a person’s death.
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How We Can Help
At Ben Crump Law, PLLC, our commitment is to hold the powerful accountable and stand up for those who cannot stand up for themselves.
We are not afraid to take on the tough cases, even when that means fighting the government. Our lawyers will fight to protect your rights and get you the compensation you deserve. We know that an accident can have long-term effects on both you and your family, and the road to recovery can be long. We will be with you every step of the way.
A Cleveland bus accident lawyer at Ben Crump Law, PLLC works entirely on contingency, which means you will not have to pay anything until we negotiate a settlement or win a judgment in your favor.
If you would like to learn more about how we can pursue justice on your behalf, call the offices of Ben Crump Law, PLLC at (800) 921-7227. The sooner you call, the sooner we can start fighting for you.
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