Detailed Answer
In Michigan, to recover compensation after a bus crash, an injured party must prove fault and damages. A court reviews four elements of common-law negligence: duty, breach, causation, and damages.
1. Duty and Breach
Every driver — including bus operators — owes a duty of care to others on the road. They must follow traffic laws and exercise reasonable care. To show breach, you need evidence such as:
- Police accident reports summarizing traffic violations or citations
- Video or surveillance footage capturing speeding, illegal turns, or distracted driving
- Driver logs, black box data, or GPS records revealing excessive speed or abrupt maneuvers
- Bus maintenance and inspection records indicating mechanical issues leading to the crash
2. Causation
You must link the operator’s breach to your injuries. Key evidence includes:
- Accident reconstruction reports from qualified experts
- Photographs of the crash scene, vehicle positions, skid marks, and roadway conditions
- Witness statements describing the bus’s motion and impact
- Meteorological and road condition data if weather or hazards contributed
3. Damages
Michigan law permits recovery of economic and, in some cases, noneconomic damages. Collect:
- Medical records, billing statements, and diagnostic imaging
- Proof of lost wages or reduced earning capacity from employers or payroll records
- Receipts for prescription medications, therapy, assistive devices, and travel to appointments
- Photographs documenting physical injuries and property damage to personal items
Bus accidents also trigger personal protection insurance (PIP) under Michigan’s No-Fault Act. PIP benefits cover medical expenses and lost wages regardless of fault (MCL 500.3101). To pursue a claim for out-of-pocket losses and noneconomic damages, injuries must exceed the statutory threshold (MCL 500.3135).
Michigan applies modified comparative fault under MCL 600.2959. Your recovery reduces by your percentage of fault. You cannot recover if you bear more than 50% of the fault.
Helpful Hints
- Obtain the police report promptly; it provides an official summary of the crash.
- Gather contact information for all eyewitnesses at the scene.
- Preserve video footage by requesting dashcam or nearby surveillance recordings early.
- Keep a written journal of your symptoms, treatments, and recovery progress.
- Consult an accident reconstruction specialist if the cause remains unclear.
Disclaimer: This article provides general information under Michigan law. It does not constitute legal advice. Consult an attorney for guidance tailored to your situation.