Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Missouri, you must establish fault and quantify damages to support your claim after a bus crash. To prove fault, you must show that the bus driver or operating company owed you a legal duty, breached that duty, and directly caused your injuries. You also need clear evidence of the losses you suffered. Below is a breakdown of common types of evidence.
Evidence to Prove Fault
- Police and Accident Reports: Official crash reports document the scene, citations, and statements. These reports often include diagrams and preliminary fault assessments.
- Witness Statements: Written or recorded statements from passengers, other drivers, and bystanders can confirm traffic signals, speed, and actions taken.
- Video and Photographic Evidence: Surveillance cameras on buses, traffic cameras, dashcams, and smartphone footage can capture the crash in real time.
- Maintenance and Inspection Records: Bus maintenance logs and inspection certificates can show if the vehicle was in safe condition or had known defects.
- Driver Logs and Training Records: Hours-of-service logs, driver qualification files, and training certifications help establish compliance with safety regulations.
- Expert Analysis: Accident reconstruction specialists use physical evidence and engineering principles to recreate the crash and assign fault.
Evidence to Prove Damages
- Medical Records and Bills: Hospital reports, treatment records, and itemized bills show the nature, extent, and cost of your injuries.
- Lost Income Documentation: Pay stubs, tax returns, and employer statements demonstrate wages lost due to recovery time.
- Property Damage Estimates: Repair invoices or replacement quotes for damaged personal property, including smartphones, laptops, and clothing.
- Pain and Suffering Records: Journals, photographs of injuries, and statements from friends or family can illustrate non-economic damages.
- Expert Medical Testimony: Physicians or therapists can explain long-term effects, future treatment costs, and impairment ratings.
Missouri Law Highlights
- Comparative Fault: Missouri follows the pure comparative fault rule under RSMo §537.765. Your damages award reduces by your share of fault.
- Statute of Limitations: You generally have five years to file a personal injury lawsuit in Missouri (RSMo §537.100). See RSMo §537.100.
Helpful Hints
- Act swiftly to preserve evidence like photos and video.
- Seek prompt medical attention and keep detailed treatment records.
- Keep copies of all bills, receipts, and correspondence.
- Note witness names and contact information at the scene.
- Consult an attorney before accepting any settlement.
- Understand that Missouri’s pure comparative fault can affect your recovery.
- File your claim before the five-year deadline under RSMo §537.100.