In a lawsuit for an injury sustained in a bus accident, the plaintiff must
be able to successfully show fault, and a defendant has to be able to
defend against the allegations when the plaintiff is trying to determine
liability in that bus accident. Additionally, the defendant must show
the plaintiff's injury was not caused by negligence on the part of
the defendant.
There are a number of things to consider when approaching a bus accident
case and having experienced advocacy on your side can help protect your
best interests. As an injured party, it is important to do what is necessary
to seek compensation for the damages sustained as a result of the crash.
Our goal at Cannon & Dunphy is to help you achieve your goals.
Comparative Negligence
In Wisconsin, if the plaintiff is responsible for more than 50% of the
collision, they are entitled to receive no damages. There would be no
case and the plaintiff would not receive any type of compensation because
they are considered to be at majority of the fault.
Assumption of Risk
In the assumption of risk defense, an attorney will move to demonstrate
that the plaintiff acted voluntarily despite knowing risks associated
with the behavior that led to the injury. Basically, it means the injured
individual knew of risks associated with an act and decided to continue
despite the jeopardy potentially involved. Unknown dangers do not apply.
While most individuals know that boarding any type of moving vehicle does
have its dangers, the defense would have to prove that the plaintiff knew
that the bus was bound for an accident, and that is highly unlikely.
A Direct Link
In order to establish liability, there must be a direct link between the
negligent behavior and the plaintiff's injury, otherwise known as
causation. For instance, if an action occurred between the negligence
and the injury and this behavior played a role in the damage or harm that
may have changed what the outcome would be, this is called an intervening cause.
This may seem confusing and overwhelming, which is a good reason to retain
an experienced injury attorney. For more information on how we can help
you, please reach out to us. Determining liability in any accident takes
time and experience, and injured individuals want answers to their questions
sooner, rather than later. Working with an experienced
Wisconsin bus accident attorney does not mean quicker results, but it does mean that the injured party
may find the answers needed to move forward.
Call us today to discuss your potential case.
