Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Nevada, you must gather solid proof for both fault (liability) and damages when pursuing a bus crash claim. Fault shows who caused the collision; damages show your losses. Below is a breakdown:
Proving Fault
- Police Accident Report: Obtain the official report from the Nevada Department of Public Safety. It documents vehicle positions, citations, and officer observations.
- Eyewitness Statements: Collect signed statements or recorded interviews from passengers, pedestrians, or other drivers.
- Video Footage: Secure dash-cam, traffic camera, or bus surveillance recordings showing the crash sequence.
- Event Data Recorder (EDR) & GPS Logs: Request bus “black box” data for speed, braking, and route information.
- Maintenance & Inspection Records: Review the carrier’s service logs and inspection certificates for mechanical defects or missing repairs.
- Driver Records: Check the driver’s training history, hours of service logs, and any prior violations under federal rules and Nevada law.
- Accident Reconstruction Expert: Retain a specialist to analyze skid marks, impact angles, and vehicle dynamics.
Proving Damages
- Medical Records & Bills: Compile ER reports, doctor notes, hospital invoices, and rehabilitation costs.
- Lost Wages & Earning Capacity: Use pay stubs, employer statements, and tax returns to calculate income losses.
- Property Damage Estimates: Get repair invoices for personal items or clothing damaged in the crash.
- Pain & Suffering: Document physical pain, emotional distress, and daily activity limitations with a journal or therapist notes.
- Photographic Evidence: Take clear photos of injuries, bruises, and physical damage immediately after the accident.
Keep in mind Nevada applies a comparative negligence rule (NRS 41.141), reducing your recovery by your share of fault. You generally have three years from the crash date to file a claim under NRS 11.190(4).
Helpful Hints
- Preserve physical evidence (clothing, debris) in a secure location.
- Report the crash to your auto insurer promptly but avoid detailed statements until consulting an attorney.
- Obtain all witness contact information at the scene.
- Request copies of bus maintenance logs and driver logbooks under public records law.
- Track out-of-pocket expenses like transportation to medical appointments.
- Consult a qualified personal injury lawyer to review evidence and guide you through Nevada’s strict timelines.