Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
In Vermont, a person injured in a bus crash must prove fault and damages by establishing negligence. Negligence under Vermont law requires proof of four elements: duty, breach, causation, and damages (12 V.S.A. § 1036).
1. Elements of Negligence under Vermont Law
- Duty: All drivers owe a duty to operate vehicles safely according to Vermont’s Vehicle & Traffic Laws (23 V.S.A. § 1091).
- Breach: Violation of traffic statutes or failure to follow safe-driving practices, such as speeding or running a red light.
- Causation: Evidence showing the breach directly caused the collision and resulting injuries.
- Damages: Documented losses, including medical expenses, lost wages, property damage, and pain and suffering.
2. Key Evidence to Prove Fault
To establish fault in a Vermont bus crash, gather the following:
- Official Accident Reports: Crash reports from Vermont State Police or local law enforcement (23 V.S.A. § 408).
- Photographs & Diagrams: Scene images of vehicle positions, skid marks, road conditions, and traffic signals.
- Surveillance & Bus Camera Footage: Video recordings showing the incident in real time.
- Driver Logs & Licensing Records: Hours-of-service logs for commercial drivers and proof of valid CDL credentials.
- Maintenance & Inspection Records: Bus repair history, safety inspections, and any unresolved mechanical issues.
- Witness Statements: Accounts from passengers, other motorists, pedestrians, and first responders.
- Event Data Recorder (Black Box) Data: Information on speed, braking, and steering inputs immediately before the crash.
- Electronic Device Records: Cell phone and GPS data to rule out or confirm driver distraction.
3. Key Evidence to Prove Damages
- Medical Records & Bills: Hospital, physician, therapy, and rehabilitation invoices detailing treatment and prognosis.
- Lost Wage Documentation: Pay stubs, tax returns, and letters from employers verifying time missed from work.
- Future Care Estimates: Expert reports projecting ongoing medical needs and costs.
- Property Damage Appraisals: Repair estimates or receipts for personal items damaged in the crash.
- Photographic & Video Evidence of Injuries: Visual proof of physical harm immediately following the collision.
- Expert Testimony: Medical, vocational, and economic experts to quantify non-economic losses like pain and suffering.
Helpful Hints
- Seek immediate medical attention, even for minor injuries, to establish a clear treatment record.
- Photograph the scene, vehicles, and injuries from multiple angles before evidence is disturbed.
- Collect contact information from all witnesses at the crash scene.
- Request a copy of the official accident report as soon as possible.
- Preserve electronic data by requesting cell phone and GPS records through formal legal channels.
- Consult a Vermont personal injury attorney early to protect your rights and preserve evidence.