Disclaimer: This article is for informational purposes only and does not provide legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

When you pursue a bus crash claim in New Jersey, you must prove two elements: fault (liability) and damages (injury or loss). New Jersey follows the traditional negligence framework. You must show the bus driver or bus company breached a duty of care and that breach caused your injuries. Below is an overview of key evidence categories:

1. Proving Fault (Liability)

• Police and Accident Reports: Obtain the official crash report from the local police department. These reports often include diagrams, witness statements, and preliminary determinations of fault.
• Eyewitness Statements: Gather contact information and written or recorded accounts from passengers, other drivers, and bystanders. Independent testimonies bolster your version of events.
• Video and Photographic Evidence: Check for surveillance cameras, dashcams, traffic cameras, or cellphone footage. Visual evidence can confirm speed, traffic signals, lane position, and weather conditions.
• Bus Company Records: Request the driver’s log, maintenance records, and training files. In New Jersey, commercial bus operators must keep detailed maintenance logs under N.J.S.A. 39:4-97 (link).
• Expert Testimony: Accident reconstruction specialists can analyze skid marks, point of impact, and vehicle dynamics. Their reports often influence fault determinations.

2. Proving Damages (Injury and Loss)

• Medical Records and Bills: Compile all emergency room records, hospital bills, physician reports, therapy notes, and medication receipts. These documents establish the nature and cost of your injuries.
• Lost Wage Documentation: Obtain pay stubs, tax returns, employer statements, and Human Resources records. These prove income lost due to the crash.
• Property Damage Estimates: Secure repair invoices or total-loss appraisals from certified mechanics or insurers for personal items damaged in the collision.
• Pain and Suffering Evidence: Keep a daily journal describing physical pain, emotional distress, and limitations on daily activities. Marital or family testimonies can corroborate these impairments.
• Expert Medical Opinions: Life-care planners, vocational experts, and future cost evaluators can estimate long-term care needs, rehabilitation costs, and diminished earning capacity.

3. Key Procedural Deadlines

Under New Jersey law, you generally have two years from the date of the crash to file a personal injury lawsuit (N.J.S.A. 2A:14-2). If the crash involves a public bus or government entity, you must first file a notice of claim within 90 days under the New Jersey Tort Claims Act (N.J.S.A. 59:8-8).

4. Comparative Negligence in New Jersey

New Jersey applies a modified comparative negligence rule. If you share fault for the crash, your recovery reduces by your percentage of fault. If you are more than 50% at fault, you cannot recover damages at all.

Helpful Hints

• Secure eyewitness contacts immediately before memories fade.
• Photograph the scene from multiple angles, noting skid marks, debris, and signage.
• Attend all medical appointments and follow prescribed treatment plans.
• Store receipts, invoices, and pay stubs in a dedicated folder or digital file.
• Consider hiring an accident reconstruction expert early to preserve perishable evidence.
• Speak promptly with a personal injury attorney to meet all notice and filing deadlines.