Detailed Answer
Understanding Fault in a Utah Bus Crash
To prove fault after a bus crash in Utah, you must establish that a party breached a duty of care and caused harm. Under Utah’s comparative negligence rule (Utah Code §78B-5-818), each party’s fault percentage can reduce the total recoverable damages.
- Accident Reports: Obtain the official crash report from the Utah Department of Public Safety. This report includes initial findings, diagrammed positions, and witness contact information.
- Witness Statements: Secure recorded statements from passengers, other motorists, and bystanders to corroborate how the crash occurred.
- Video and Photographic Evidence: Collect footage from traffic cameras, dashcams, surveillance systems, and scene photographs showing vehicle positions, road conditions, and driver actions.
- Event Data Recorder (EDR) Logs: Many buses are equipped with black-box technology that logs speed, braking patterns, and engine metrics. Request this data early.
- Maintenance and Inspection Records: Review the bus company’s maintenance logs and inspection certificates to identify potential mechanical failures or regulatory violations.
- Driver Logs and Training Records: Examine hours-of-service logs, driver qualification files, and training records to assess compliance with safety regulations.
Establishing Damages
After fault is determined, you must document your losses to support a damages claim:
- Medical Records and Bills: Compile all treatment records, medical invoices, specialist opinions, and rehabilitation reports.
- Lost Wages and Earning Capacity: Provide pay stubs, employer statements, and tax returns to calculate income lost due to injury.
- Property Damage Receipts: Keep repair estimates, receipts for replacement items, and photographs of damaged personal property.
- Pain and Suffering: Use medical expert testimony, personal journals, and day-to-day impact statements to quantify non-economic losses.
Relevant Utah Statutes
Utah’s comparative negligence framework: Utah Code §78B-5-818.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific circumstances.
Helpful Hints
- Preserve all physical evidence and photographic records immediately after the accident.
- Request and review the police report within days of the crash.
- Take clear photos of vehicle damage, skid marks, traffic signals, and road conditions.
- Collect contact information from all witnesses and record detailed statements.
- Track all medical treatments, symptoms, and related expenses in a centralized file.
- Consult a Utah personal injury attorney experienced in bus-crash litigation early on.