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
Under Wisconsin law, a plaintiff in a bus crash must prove both fault (negligence) and damages. Courts consider four elements for negligence: duty, breach, causation, and damages. You must gather reliable evidence to satisfy each element.
1. Establishing Duty and Breach
All drivers owe a duty to operate vehicles safely and obey traffic laws. Bus companies and their drivers have an elevated duty of care as common carriers because they transport multiple passengers.
Key statute: Wis. Stat. § 346.02 requires all vehicle operators to drive with due care. See Wis. Stat. § 346.02.
2. Proving Causation
You must link the breach directly to the crash and injuries. Common types of evidence include:
- Police reports: Official collision reports often include narrative descriptions, citations, and diagrams.
- Witness statements: Eyewitness accounts—passengers, other motorists, or bystanders—help reconstruct the crash.
- Black box and telematics data: Many buses record speed, braking, and steering inputs.
- Surveillance video: Cameras on-board or nearby traffic cameras may capture the incident.
- Maintenance and driver logs: Records under Wis. Admin. Code Trans § 327.04 show vehicle inspections and driver qualifications.
3. Documenting Damages
Wisconsin allows recovery for economic and non-economic losses. Typical evidence includes:
- Medical records and bills: Hospital and doctor reports itemize injuries and treatment costs.
- Expert testimony: Medical experts link injuries to the crash and estimate future care.
- Lost wages: Employer records and pay statements show income loss.
- Repair estimates: Auto body shop invoices detail vehicle damage costs.
- Photographs: Images of vehicle damage, accident scene, and visible injuries provide visual proof.
4. Timing and Procedural Requirements
File your personal injury lawsuit before the statute of limitations expires. Under Wis. Stat. § 893.54, you generally have three years from the crash date. See Wis. Stat. § 893.54.
During discovery, you can obtain the bus company’s internal records, driver personnel files, maintenance logs, and any electronic data under the Wisconsin Rules of Civil Procedure (Ch. 802).
Helpful Hints
- Preserve evidence promptly: Photograph vehicles and scene before repairs or cleanup.
- Obtain the bus company’s insurance information at the scene.
- Seek medical attention immediately—even minor symptoms can signal serious injuries.
- Keep a detailed injury diary: Note pain levels, medications, and daily limitations.
- Consult an attorney early: Timely legal guidance ensures you meet all deadlines and discovery obligations.