Detailed Answer
To win a bus crash claim in Oklahoma, you must prove that the bus operator or company acted negligently and that the accident caused your injuries and losses.
1. Establishing Fault
Oklahoma law defines negligence as the failure to exercise reasonable care (23 O.S. §61). You must show:
- Duty: The driver owed a duty to operate safely and obey traffic laws. Common carriers owe a heightened duty to passengers (47 O.S. §10-433).
- Breach: The driver violated that duty by speeding, running signals, driving distracted, or neglecting bus maintenance.
- Causation: The breach directly caused the crash and your injuries.
- Damages: You suffered actual losses, such as medical expenses, lost wages, or pain and suffering.
2. Collecting Evidence
- Police Report: Captures initial findings, witness statements, and crash diagrams.
- Witness Statements: Eyewitness accounts confirm speed, signaling, and bus condition.
- Surveillance and Dashcam Footage: Videos show vehicle speed, stops, and driver actions.
- Bus Logs & Maintenance Records: Document inspections, repairs, and driver hours.
- Expert Reports: Reconstruction specialists demonstrate how the crash occurred.
3. Proving Damages
To recover compensation, gather:
- Medical Records & Bills: Detail treatments, diagnoses, and related costs.
- Income Records: Show lost wages and reduced earning capacity.
- Photographs: Document injuries, property damage, and the accident scene.
- Personal Journal: Track pain levels, emotional distress, and recovery.
If a bus driver violated a safety statute designed to prevent the type of harm you suffered, you may use negligence per se under 47 O.S. §12-112.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Helpful Hints
- Preserve evidence quickly: take photos, note witness names, and secure video files.
- Seek immediate medical care and keep all treatment records.
- Request the bus company’s incident report and maintenance logs as soon as possible.
- Consider hiring an accident reconstruction expert for complex collisions.
- Maintain a detailed log of expenses, correspondence, and recovery progress.