Detailed Answer
1. Proving Negligence (Fault)
To establish fault in a North Dakota bus crash, you must prove the bus driver or carrier breached a duty of care, causing the accident. North Dakota’s negligence law defines the four elements—duty, breach, causation, and damages—under N.D.C.C. § 32-03-04.
2. Key Evidence for Fault
- Police Crash Report: Obtain a certified copy under N.D.C.C. § 39-06.1-15.
- Witness Statements: Collect written or recorded accounts from passengers and bystanders.
- Video and Photographs: Secure surveillance footage, dashcam recordings, and scene photos.
- Bus Company Records: Review maintenance logs, driver training files, and trip sheets.
- Expert Analysis: Use accident reconstruction experts to analyze skid marks, impact points, and “black box” data from the vehicle.
3. Proving Damages
- Medical Records and Bills: Document treatments, surgeries, rehabilitation, and related expenses.
- Lost Income: Show pay stubs, employer statements, and tax returns for past and future wage losses.
- Property Damage Estimates: Include repair invoices or total loss appraisals for personal property.
- Future Care Needs: Provide life‐care plan reports or vocational assessments to quantify ongoing costs.
Disclaimer: This article provides general information about North Dakota law. It does not constitute legal advice. Consult a qualified attorney to discuss your case’s specific facts and legal options.
Helpful Hints
- Start gathering evidence immediately and keep a dedicated crash file.
- Request all records in writing within 30 days of the accident.
- Keep copies of medical and repair invoices as you receive them.
- Secure statements from witnesses before memories fade.
- Note North Dakota’s two‐year statute of limitations for personal injury claims under N.D.C.C. § 28-01-16.