Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
If you were injured as a passenger in a Wisconsin bus accident, you can seek compensation by following these key steps:
1. Establish Fault
Wisconsin uses a comparative negligence system. You must show the bus driver or another party was at least partially at fault. Common grounds include:
- Driver negligence (speeding, distraction, intoxication).
- Poor vehicle maintenance or defective parts.
- Employer liability if the driver was on duty (vicarious liability).
2. Document Your Injuries and Expenses
Keep detailed records of medical visits, treatment plans, prescriptions and rehabilitation costs. Maintain payslips to prove lost wages. Photographs of injuries and the accident scene strengthen your claim.
3. Provide Timely Notice
If the bus is publicly owned (for example, a county or municipal transit bus), Wisconsin law requires you to serve a written notice of claim within 120 days of the accident. See Wis. Stat. § 893.80(1m) (Notice of claims against local governments).
4. File an Insurance Claim
Most bus companies carry liability insurance. Contact the company’s insurer promptly. Provide a clear account of injuries, medical records and any supporting evidence.
5. File a Lawsuit Before the Statute of Limitations Expires
In Wisconsin, you generally have three years from the date of injury to file a personal injury lawsuit. See Wis. Stat. § 893.54(1m) (Personal injury statute of limitations).
If you miss this deadline, the court will likely dismiss your case.
6. Negotiate a Settlement or Proceed to Trial
Most cases settle out of court. Your attorney will negotiate with the insurer for compensation that covers:
- Medical bills and future care costs
- Lost income and reduced earning capacity
- Pain and suffering or emotional distress
If negotiations fail, you may need to file suits and present evidence at trial.
Helpful Hints
- Seek medical attention immediately, even if injuries seem minor.
- Collect witness names and statements at the scene.
- Take photos of the bus, road conditions and your injuries.
- Keep an accident journal to record pain levels and recovery progress.
- Be mindful of all deadlines: notice of claim and statute of limitations.
- Consult a qualified personal injury attorney early to protect your rights.