Mississippi Bus Accidents Lawyers
When you compare bus collisions to car and SUV crashes, you’ll often find much more severe damage and life-threatening injuries. Buses are far larger and heavier than smaller standard vehicles, which makes them capable of doing a substantial amount of damage. Unfortunately, those whose lives are forever changed by a bus accident don’t always get the compensation they deserve. In fact, securing full and fair compensation can be an uphill battle—and that’s why it’s important to have a strong and experienced legal team fighting for you.
At Gardner Law Group, we are committed to helping victims like you fight for justice after an accident in the state. Call us at 228-436-6555 to reach our Biloxi office or 228-762-6555 to reach our Pascagoula office.
Why Bus Accidents Are So Complicated
A number of factors set bus accidents apart from other types of vehicle crashes. To start, buses are much larger than your standard personal vehicle. The collisions they cause are more similar to semi-truck accidents than they are to car or SUV collisions. These crashes can also be far more complex than your standard car accident.
In addition to damage caused to public and private property, drivers and passengers may suffer serious injuries. On top of that, you have to consider the potential harm caused to occupants of the bus. This drives up the number of potential injury claims and decreases the amount that each victim may be able to collect.
Additionally, there are very different procedures involved depending on who owns the bus involved in the crash. The bus may be owned by a public entity or a private entity—and your ability to collect depends largely on which category your claim falls into.
Claims Involving Government Entities
If you were hit by a bus run by the government, you have to act very quickly if you want to protect your right to seek compensation. This is the case whether your claim is against the state government or a local municipality. At least 90 days prior to suing the government, you have to submit written notice of your claim to the entity’s chief executive officer. If your claim is against the county, that means submitting a notice to the chancery clerk of the county. If your claim is against the city, you must serve the city clerk.
Your claim must be in writing, delivered in person or by registered or certified mail, and include a statement of the facts in your case. Include the circumstances of the injury, the extent of the injury, how and when it occurred, the names of all involved parties, and the amount of compensation you are requesting.
Upon submitting your claim, the statute of limitations pauses for 95 days. However, note that the statute of limitations is much shorter for claims against the government. From the date of the accident, you have one year to file your claim. You must wait to file your claim until you either receive a denial of the claim or the 95-day timeframe expires. After the 95-day window expires, you have just 90 days to file your claim. If you wait any longer than that, you cannot take any more action against the government for the accident in question.
Mississippi, like many other states, caps potential damages when you are seeking compensation from the government. You are limited to a maximum of $500,000 in total compensation and you cannot receive any punitive damages. Furthermore, attorney’s fees are not recoverable in cases against the government unless otherwise specified under the law.
As you can see – if your claim involves a governmental entity, you are in for a long battle. It is crucial to work with a bus accident attorney with extensive experience in lawsuits against the government, since missing any deadlines may lead to zero compensation for you.
Claims Involving Private Bus Companies
On the other hand, if the bus company involved in your crash is a private organization, the process you follow is much the same as any other personal injury claim. Mississippi allows victims three years from the date of an injury to seek compensation against the liable party. There aren’t specific notice periods and compensation limits like there are in government claims. However, these claims can still be very complicated, due to the amount of money at stake. While they may be less complex than claims against the government, you will still need to go to great lengths to prove that you are owed compensation.
Factors Affecting Your Compensation
A number of factors affect how much compensation you actually receive for your bus accident. To start, if you are partially at fault for the accident, your compensation may be reduced. Mississippi is a comparative negligence state, so as long as you are not 100% at fault, you can still recover your losses. However, your compensation will be reduced proportionate to your share of liability.
Other factors that may come into play include the extent of your injuries, the amount of evidence available to support your claim, the amount of insurance carried by the bus company, how many other victims are trying to file for the same accident, and the role of any other potentially liable parties.
What Types of Compensation Are Available in a Mississippi Bus Accident Claim?
Bus accidents are among the most complex personal injury cases in Mississippi. Because buses are large, heavy vehicles that often carry dozens of passengers, a single collision can result in catastrophic injuries and involve multiple liable parties—from the driver and the bus company to maintenance providers and government agencies. If you have been injured in a bus crash, understanding the types of compensation (also known as “damages”) available to you is the first step toward recovery.
In Mississippi, victims can generally seek three categories of damages: economic, non-economic, and, in rare cases, punitive damages. However, the specific amount and type of compensation you can recover often depend on whether the bus was privately owned or operated by a government entity.
Economic Damages: Your Financial Losses
Economic damages are designed to reimburse you for the actual out-of-pocket expenses caused by the accident. These are “objective” damages because they can be calculated using bills, receipts, and employment records.
- Medical Expenses: This is often the largest portion of a claim. It includes everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, and prescription medications. If your injuries require long-term care, you can also seek compensation for future medical costs, such as physical therapy or home health assistance.
- Lost Wages: If your injuries prevent you from working, you are entitled to the income you lost during your recovery. This includes not just your base salary, but also bonuses, commissions, and unused vacation or sick time.
- Loss of Earning Capacity: If a bus accident leaves you with a permanent disability that prevents you from returning to your previous career, you can seek compensation for the “future” income you would have earned over your lifetime.
- Property Damage: While bus passengers rarely have vehicles involved, they may have personal property—such as laptops, cell phones, or expensive jewelry—that was destroyed in the crash.
Non-Economic Damages: The Human Cost
Non-economic damages cover the “subjective” losses that do not have a specific price tag. These are intended to compensate for the physical and emotional toll the accident has taken on your life.
- Pain and Suffering: This compensates for the physical pain caused by your injuries and the ongoing discomfort during the healing process.
- Emotional Distress: Many bus accident victims suffer from anxiety, depression, or Post-Traumatic Stress Disorder (PTSD) after a traumatic crash. This is especially common in high-impact collisions.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, sports, or family activities that were once a vital part of your life, you can seek damages for this loss.
- Disfigurement and Disability: Permanent scarring or the loss of a limb carries a heavy emotional and social burden, which is recognized under Mississippi law.
Punitive Damages: Punishing Gross Negligence
Punitive damages are not meant to “compensate” the victim, but rather to punish the defendant for especially bad behavior and deter others from doing the same. Under Mississippi law, you must prove by “clear and convincing evidence” that the defendant acted with actual malice or gross negligence. Examples might include a bus company knowingly hiring a driver with a history of DUIs or a driver operating the bus while significantly over the legal limit for alcohol.
The Impact of Pure Comparative Negligence
Mississippi follows a “pure comparative negligence” rule. This means that if you were partially at fault for the accident (for example, if you were a pedestrian hit while crossing outside a crosswalk), your compensation will be reduced by your percentage of fault. If you are awarded $\$100,000$ but found to be $20\%$ at fault, you would receive $\$80,000$. Unlike some other states, you can still recover money even if you are $99\%$ at fault.
Suing the Government: The Mississippi Tort Claims Act
If you were injured by a school bus or a city transit bus (like JATRAN in Jackson), the rules change significantly. Under the Mississippi Tort Claims Act (MTCA):
- Compensation Cap: Total damages are capped at $500,000 per occurrence.
- No Punitive Damages: You cannot recover punitive damages against a government entity.
- Strict Deadlines: You must file a formal “Notice of Claim” within 90 days of the accident, and the total statute of limitations is shortened to one year, rather than the standard three years for private claims.
Statute of Limitations
For accidents involving private bus companies (like Greyhound or charter services), Mississippi generally allows three years from the date of the accident to file a lawsuit. However, because evidence like “black box” data and witness memories can disappear quickly, it is vital to act as soon as possible to protect your right to full compensation.
How Gardner Law Group Can Help
At Gardner Law Group, we understand how devastating bus accidents can be. You’re likely left with major physical injuries, significant mental trauma, and massive financial losses. We’ll support you throughout this difficult time as we advocate for you, build a case against the liable party, and fight aggressively for every bit of compensation you are owed. Whether your claim is against a government entity or a private company, we know what it takes to secure justice for our clients.
Call Us Today to Start Your Claim
The sooner you reach out to Gardner Law Group after your Mississippi bus accident, the sooner we can begin working on your case. Let’s get started with a free consultation. You can contact us online, call our Biloxi office at 228-436-6555, or call our Pascagoula office at 228-762-6555.
Contact Gardner Law Firm Today
Biloxi
- 178 Main Street,
Biloxi, MS, 39530 - P: (228) 436-6555
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Pascagoula
- 3012 Canty Street,
Pascagoula, MS, 39567 - P: (228) 762-6555
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- Monday – Friday: 8:00 AM – 5:00 PM
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