| Author | Message | ||
| Out of Existence (205.188.209.8) Rating: N/A |
Today will probably rank as worst in my life. Had an accident with a school bus this morning. Yes, loaded with kids. No serious injuries. School bus hit my car but driver is claiming it’s my fault for “taking his space” . Took lots of photos at scene, lucky? I had a digital camera with me. No citations issued, but that can change later. A safety expert from the school district took photos and statements from the bus driver and deputy sheriff, but didn’t talk to me. Spent an hour with my insurance agent and a claims rep. All I got out of them was that they will support me to the limits of my policy, and after that, I’m on my own. They were not very interested in building a case, looking at the photos or determining potential liability, which I found puzzling and troubling. Have they already written me off as a total financial loss? A little internet research indicates, in my screwball state, jury awards (for non-physical pain, suffering) of $200,000-$500,000 per child are the norm, for the adults, it’s closer to 1 million. So a possible judgement total could top 20 million. I don’t have a lot, but I’d like to keep it (and my coach), and not spend the rest of my life in indentured servitude to a court judgement. I’ve only spent about 5 hours on research so far, but most of what I’ve found suggests the bus driver is given every benefit of doubt and the other driver nailed as reckless, with no regard for the safety of our children. So, for those of you who have been directly involved with a bus accident, to whatever degree, I’d appreciate all the advice you can offer. I’m sorry I don’t really know what questions to ask right now. My biggest question is how to prove I am not at fault and/or how to prove the school bus driver was at fault. What is this "space" he was talking about? Should I start selling off my assets to relatives? Any idea how long this could drag out? I have posted here because I know some of you are current/former commercial coach operators, and from reading this board for quite some time, I have a pretty good idea of who the straight shooters are. I haven’t posted this on the school bus driver boards, their biases wouldn’t help here. Thanks, A long time fellow busnut | ||
| Ace (24.28.41.194) Rating: N/A |
Don't know if this helps but if I were you, I would let it die for the time being! The more you dive into it, the sicker you will make yourself and the worst it will get. I say cross the bridges as you come to them. Since you were not charged, chances are, that's the way it will stay! If it DOES change to become your fault, hire a lawyer! Believe it or not, that's what they are there for and some of them DO earn their pay but I wouldn't even think about it until I really needed to! As for selling off your assets? That's being a little hasty if you ask me! Keep your head up and look forward instead of over your shoulder! What's done is done and let the future bring what it may! Until then... quit worrying! Hope this helps! Ace | ||
| RJ Long (Rjlong) (66.229.97.200)
Rating: N/A |
Click on my name just above this message, and send me an email directly. I may be able to help calm you down. . . RJ PD4106-2784 Fresno CA | ||
| Henry R. Bergman, Jr. (Henryofcj) (207.14.166.60)
Rating: N/A |
Be somewhat concerned, but DO NOT WORRY about it. Here is why. When this person used to drive a school bus... ...WE were ALWAYS considered QUILTY until proven otherwise. Were told NEVER to back up, had to pee into a bottle... ...routinely and had to undergo frequently refresher courses. If we swapped paint with ANYONE, WE were in deep do do. Not the other guy. This is why the school district usually carries such good insurance. THEY have the deep pockets, not us. I would just wait and see. Henry of CJ. | ||
| jjj (172.135.97.76) Rating: N/A |
If it gets to the point where you need an attorney, I'd consider that lawyer who writes a column in the National Bus Trader. He seems to know his "coach" law. JJJ | ||
| CaSteve (208.19.54.53)
Rating: N/A |
I would like to see the EXACT description of the encounter as it would be documented by a witness on the roof of a three story building, looking straight down on the accident, not from in your car or in the bus(biased opinions). Was it at an intersection, a crosswalk, did the bus have it's red lights flashing, etc,etc? If at an intersection, were you on the right or left of the bus and what part of the bus contacted what part of your car? I totally disagree with the idea of not staying on top of this because stories change as time goes on and involved parties talk to other "advise" givers, whether credible or not. Insurance companies will usually take the cheapest path, especially if you have low limits of liability on your policy, and if that means throwing you under the bus(sorry), they will do it. They will write a check for your policy limits and let you deal with the overs, instead of paying litigation fees and representing you properly. The pix you took at the scene are invaluable to the investigator because the debris on the pavement will determine the point of impact, instead of using recolection. If you do not want to respond on this board, please use my e-addy and maybe I can help with my experience. Sit down immediately and write out a very detailed description for you to keep for yourself because the police report has to be purchased, which your insurance company will do, and you do not necessarily need a copy. Regards, CaSteve | ||
| Telestar Emery (142.59.209.189)
Rating: N/A |
Dear out of exsistance, My advice to you is not to relate any part of the happenings on this , or any other board. Deal with it! but don't spread it arround. I wish you good luck, and the best of health Friend, Emery | ||
| Tony (64.215.196.106) Rating: N/A |
I will go along with Ace, don't bother with it until they charge you with something, all you will accomplish Is getting yourself all worked up over probably nothing, the school system Is at fault all the time here In my State ( Ohio ) It Is like any other accident and remember you are Innocent until proven Guilty. Have a nice day | ||
| ChuckMC9 (Chucks) (66.167.143.35)
Rating: N/A |
If I were you, just to be prudent I'd pay an attorney for an hour of his/her time just to give them a 'heads up' that this is going on. Now THEY might try to alarm you, but at least you would have covered your bases with someone who might give you an idea of some early prevention you could do. | ||
| TWO DOGS (67.251.50.40) Rating: N/A |
I know a BUNCH of schoolbus drivers...that took the test "with" the answers provided on a separate sheet....don't sweat it ...calm down...if ya' panic now...you'll panic in combat | ||
| John Rigby (24.174.233.93)
Rating: N/A |
CaSteve is right do a detailed report. Measure everything and sketch it out, maybe on sunday.Go and purchase a $5 copy of the police report.Then file everything away. AH, yes corrispond off the board with R.J. John | ||
| Jayjay (152.163.252.163) Rating: N/A |
If you seek legal counsel, do NOT tell your insurance carrier! They will immediately withdraw their legal assistance, and leave you out on a limb. Insurance companies want the disposition of a case to be to their advantage, which is not necessarily in your best interest, whereas your attorney will have your best interest at heart. (at least he should) Very carefully read your policy regarding this matter, because once you cross that bridge, it burns behind you automatically. BTDT, Good Luck...JJ | ||
| Phil Dumpster (24.16.243.37) Rating: N/A |
Things aren't exactly adding up here. First of all, what happenned? What kind of injuries? How were the injuries inflicted? You seem to express a great deal of guilty feelings for someone who claims a school bus "hit your car." I started on the road to being a busnut driving school busses, and I can tell you every driver of a school bus is required to drive in a very defensive manner. Much more so than any lay automobile driver will ever understand. Indeed, just try to explain the concept of "preventable" accidents to anyone who has ever driven only a car and you'll find that they just don't get it. If indeed this bus driver hit your car (and not the other way around) then you most likely have nothing to worry about. If your "research" suggests school bus drivers are given the benefit of doubt, you haven't done any meaningful research. School bus drivers are considered guilty until proven innocent, and even then after being proved innocent usually find their career terminated after a major incident. | ||
| BrianMCI96A3 (65.173.86.232) Rating: N/A |
I agree with CaSteve too, not knowing ANY of the circumstances of your accident makes it truly difficult to determine how seriously you should take the potential threat of being sued. I tend to think it is perfectly normal for someone involved in an accident with a busload of kids to have some feelings of guilt, regardless of who caused the accident. And of course, the JustUs system being what it is... being a bit paranoid seems pretty normal to me as well. The only time I was involved with a bus accident, the driver was a fellow employee, whom I shuttled to pick up a school bus. We approached an intersection about a mile after picking up the bus and he sailed right on into it slamming a car broadside. Although the brakes had failed, he was cited. I recall one accident where it was claimed that a driver was "in the space"; occuring when a car moved alongside an 18 wheeler swinging wide making a right hand turn and the truck crunched the car. I'd have to say that if no citation was issued at the scene, ESPECIALLY since it was an injury accident you are probably going to be alright, and it may well be that your insurance people recognized that fact as well. My only advice: No matter what you do, worrying about the outcome will not help the situation, try to keep that in mind, and just try to take it easy on yourself. And be thankful... no one was seriously hurt! Brian | ||
| TomNPat (68.137.169.127)
Rating: N/A |
Dear 'Out of ...' You've gotten lots of good advice. It's not easy, but you need to calm down, realize that not all is black, and know that time will heal. The 'safety expert' who spoke to the bus driver and officer but not to you is probably there to cover their butts. From the other posts, it could be that his job is to check up on his driver and that is most likely. School districts have 'deep pockets' and are targets for large awards themselves. We all seem to see the darkest side immediately, but it isn't the one that will be real. Think about how you arrived at $20 million awards out of a non injury accident. I think you're taking it too hard! Don't fret, we all do the same thing! Know that we're all feeling some of your hurt and all you have to do is let us share. TomNPat | ||
| Ron R. (205.188.209.8) Rating: N/A |
Dear Out Of: Just want to offer some spiritual help to go along with everyone else. John 14:27 Ron R. | ||
| R.C.Bishop (128.123.221.142)
Rating: N/A |
Thanx Ron....good message, if one believes, and it starts with that. Add Proverbs 3:5, and you have armor!  RCB '64 Crown Supercoach (HWC) RCB | ||
| Buswarrior (Buswarrior) (64.229.208.61)
Rating: N/A |
Hello "out of existance" Don't sweat it until the fat lady sings. Bus drivers are VERY POOR sources of information regarding collision investigation and court room activities. If a bus driver is in court, a company or insurance representative is holding their hand. They haven't got a clue even when the proceedings are over, and have to be led away by their help. Before I get flamed, I am one, I teach them, and I supervise them. What I'm suggesting is that a bus driver with extensive legal experience will not be employed as a bus driver any longer.... As a few days have passed, I'm hopeful that you are sleeping better now. Lay low, and if you must do something, line up a couple of lawyers to visit, if something goes wrong. Innocent until proven guilty, even in America! happy coaching! buswarrior |