What evidence is needed to prove fault and damages in a bus crash in Indiana?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.