Detailed Answer
Establishing fault and damages in a bus crash in Indiana involves gathering multiple types of evidence under state negligence standards. Indiana follows a modified comparative fault regime under Indiana Code § 34-51-2-8. A plaintiff recovers only if their share of fault does not exceed 50%.
1. Proving Fault
- Police Reports: Obtain the official crash report detailing parties involved, traffic violations, diagrams, and officer observations.
- Accident Reconstruction: Hire an expert to analyze skid marks, impact angles, and vehicle damage to determine speed and point of impact.
- Driver Records: Request the bus driver’s license status, training certificates, hours-of-service logs, and any prior infractions.
- Vehicle Maintenance Logs: Review inspection reports and repair histories to identify mechanical failures or deferred maintenance.
- Surveillance Footage: Secure dash-cam, intersection cameras, or nearby business video showing the collision.
- Eyewitness Statements: Collect sworn statements from passengers, other drivers, and bystanders who saw the crash.
- Expert Witnesses: Engage engineers, safety specialists, or medical professionals to link causation between the crash and injuries.
2. Proving Damages
- Medical Records and Bills: Gather all hospital reports, treatment plans, therapy notes, and itemized invoices.
- Lost Wage Documentation: Obtain employer statements, pay stubs, and tax returns to quantify income loss.
- Property Damage Estimates: Get repair invoices or total-loss valuations for the bus and any other vehicles involved.
- Economic Expert Reports: Use vocational or financial analysts to project future medical expenses and earning capacity loss.
- Photographic Evidence: Take and preserve clear photos of vehicle damage and visible injuries at multiple stages.
3. Indiana’s Comparative Fault Rule
Under IC § 34-51-2-8, Indiana applies modified comparative fault. A plaintiff whose fault exceeds 50% cannot recover any damages.
4. Damages Caps and Punitive Damages
Indiana imposes no cap on compensatory damages in personal injury actions. To obtain punitive damages, a plaintiff must show, by clear and convincing evidence, that the defendant acted with malice or intentional misconduct under IC Title 34, Article 51, Chapter 3.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss how the law applies to your specific situation.
Helpful Hints
- Preserve evidence quickly before it can be altered or lost.
- Request the bus’s electronic control module (black box) data immediately.
- Document all injuries, even minor ones, with medical professionals.
- Collect contact information from every potential witness at the scene.
- Work with experienced accident reconstruction and economic experts to strengthen your claim.