After a bus crash, gathering the right evidence is crucial to prove fault and damages under Massachusetts law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Establishing Fault (Liability)
In Massachusetts, you must show that the bus operator or another party breached a legal duty of care and that this breach caused the accident. Key evidence includes:
- Police accident report: Obtain the official report from the responding agency (see M.G.L. c. 90, § 25).
- On-board recordings: Video, GPS logs, or “black box” data maintained by the bus company.
- Witness statements: Written or recorded accounts from passengers, other drivers, or bystanders gathered promptly after the crash.
- Accident reconstruction: Expert analysis of skid marks, impact angles, and vehicle damage.
- Maintenance and inspection records: Service logs, repair invoices, and inspection certificates to identify mechanical defects or neglected upkeep.
Proving Damages
Once fault is established, document economic and non-economic losses to calculate fair compensation:
- Medical records and bills: Hospital statements, diagnostic reports, and physician notes detailing injuries and treatment.
- Lost wage documentation: Pay stubs, employer letters, and tax returns showing earnings lost due to recovery time.
- Property damage estimates: Repair invoices or total-loss valuations for personal items or vehicles.
- Pain and suffering: Personal injury journal and expert testimony on emotional or physical impairment (see M.G.L. c. 231, § 6C).
- Wrongful death (if applicable): Survivor expenses and loss of consortium claims under M.G.L. c. 229, § 2.
Helpful Hints
- Photograph the crash scene, vehicle damage, road conditions, and your injuries immediately.
- Secure the police report number and the officer’s name at the scene.
- Collect names and contact information of all witnesses before they depart.
- Maintain a detailed journal of symptoms, treatments, and related expenses.
- Preserve bus tickets, boarding passes, or other travel itineraries.
- Request records under the Massachusetts Public Records Law (M.G.L. c. 66, § 10).
- Avoid discussing details of your case on social media to prevent harmful misinterpretations.