Michigan Tour Bus Accident Claims Explained
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Michigan Tour Bus Accident Claims Explained

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After a Michigan tour bus accident, you may have three types of claims: No-Fault benefits for medical bills and lost wages, pain and suffering compensation, or a mini tort case for vehicle damages.

No-Fault benefits after a tour bus accident in Michigan

Here is what you need to know about making your case for No-Fault benefits after a tour bus accident in Michigan:

  • No-Fault PIP benefits pay for your crash-related medical expenses, lost wages if your injuries have disabled you from working, reimbursement for mileage and transportation costs associated with traveling to and from your medical appointments, household replacement services and attendant care benefits.
  • You must file an application for No-Fault benefits – which is also called your “written notice of injury” – with the responsible car insurance company within one (1) year after the crash. (MCL 500.3145(1) and (4)) If you fail to file your application on time – within ONE YEAR from the date of your crash – then you will forever lose any benefits to which you might be entitled.
  • If the auto insurance company that is responsible for your No-Fault benefits refuses to pay, then your claim for unpaid, overdue No-Fault benefits must be reported against the insurance company within one year from the date that the medical bill, wage loss, medical mileage, replacement service or attendant service was incurred. (MCL 500.3145(2)) If such a claim is not filed within the one-year time period, then the bill will be time-barred and you will lose all rights to payment and/or reimbursement for the overdue benefits.

The No-Fault law’s “priority rules” determine what auto insurance company is responsible for paying your No-Fault benefits if you were injured in a tour bus accident in Michigan:

  • If you are the driver of a car that was involved in the crash, then you will seek No-Fault benefits through your own auto insurance company. (MCL 500.3114(1))
  • If you are the occupant of a car that was involved in the crash, then you will seek No-Fault benefits through your own auto insurance company or that of your spouse or a relative who lives in your home or through the Michigan Assigned Claims Plan, if no coverage is available through those other sources. (MCL 500.3114(1) and (4))
  • If you are the driver of the transit vehicle that was involved in the crash, then you will seek No-Fault benefits from the insurer of the transit vehicle. (MCL 500.3114(2))
  • If you are a passenger on the transit vehicle that was involved in a tour bus accident in Michigan, then you will seek No-Fault benefits from the insurer of the transit vehicle only if you have no No-Fault coverage “under any other policy.” (MCL 500.3114(2)(a))
  • If you are a pedestrian who was injured in the crash, then you will seek No-Fault benefits through your own auto insurance policy or through the policy of your spouse or a relative living in your home or from the Michigan Assigned Claims Plan. (MCL 500.3114(1); 500.3115)
  • If you are a bicyclist who was injured in the crash, then you will seek No-Fault benefits through your own auto insurance policy or through the policy of your spouse or a relative living in your home or from the Michigan Assigned Claims Plan. (MCL 500.3114(1); 500.3115)

Pain and suffering compensation after a tour bus accident in Michigan

If you were injured in a tour bus accident in Michigan, you may have a case for pain and suffering compensation, which may include excess medical expenses that are not covered by the No-Fault medical coverage limit in the auto insurance policy that applies to your claim and excess lost wages. 

Your case would be filed against the at-fault driver who caused the crash as well as the owner of that vehicle.

Who could be sued?

  • The transit operator: Transit operators have a duty to their passengers and other people on the road to drive safely. If the driver is negligent and does not keep the passengers safe, he or she can be liable.
  • The transit company: The company that owns the transit vehicle can be responsible for the crash because it is the company’s job to make sure its employees are properly trained, that its transit vehicles are in good working order, and that its customers have safe experiences. If the entity that owned the transit vehicle failed to do anything that it was responsible for, then it can be held liable.
  • The maintenance company or the part manufacturer: If the transit company uses a maintenance service and that service was negligent in its maintenance or inspection, it can be held responsible. Similarly, if there was a defect in a part on the transit vehicle that caused the crash, the part manufacturer can be held liable.
  • Negligent driver of another vehicle: The crash may have been caused by the negligent, at-fault driver of a secondary vehicle.

To succeed with a pain and suffering compensation case after a tour bus accident in Michigan, you must be able to show that you have suffered a “serious impairment of body function” or permanent, serious disfigurement.

The statute of limitations for filing a pain and suffering compensation case – as well as claims for excess medical expenses, excess lost wages and other economic loss – is three years after the date of the crash. (MCL 600.5805(2))

Causes of these types of crashes

The most common causes of tour bus accidents in Michigan include:

  • Transit company negligence
  • Transit driver negligence
  • Transit driver fatigue
  • Transit driver distracted driving
  • Transit driver speeding
  • Transit driver inattentiveness
  • Bs driver driving under the influence of alcohol or drugs
  • Bad weather
  • Blind spots
  • Left turns
  • Negligence of at-fault drivers of other vehicles
  • Transit vehicle fires

How texting and cell phone laws can prevent a tour bus accident in Michigan

The Michigan cell phone law can help prevent a tour bus accident from happening. The law prohibits a transit operator from texting while driving and from talking, dialing or answering a mobile phone while driving. (MCL 257.602b(2) and (3)) 

Research has shown that texting drivers are 23 times more likely to be involved in a motor vehicle crash and that dialing a hand-held cell phone while driving makes the driver 12 times more likely to crash.

The Michigan cell phone law’s prohibition on using a cell phone while driving only applies to transit operators if the transit vehicle meets the definition of a “commercial motor vehicle.” (MCL 257.602b(3); 257.7a(1))

Mini tort case for vehicle damage after a tour bus accident in Michigan

If your car was damaged in a crash and the transit vehicle was at-fault, then you may be able file a mini tort claim against the driver of the transit vehicle and/or the transit vehicle’s owner. 

Here is what you need to know:

  • If the transit operator and/or transit vehicle owner refuses to pay your mini tort claim, you will have to file a lawsuit in small claims court.
  • To succeed with collecting after you file your mini tort claim, you will need to show the transit operator was at-fault in causing the tour bus accident in Michigan, that your vehicle damages were not covered by insurance, the cost of your vehicle damage repairs (although the mini tort maximum recovery amount is $3,000)

It is important to talk with an experienced attorney before you sign any mini tort release from the transit vehicle owner or the transit vehicle’s insurer because these releases often contain language releasing the transit vehicle’s owner from liability for all claims arising out of the crash – not just for the vehicle damage to your car.

Do I need a lawyer if I’m injured in a tour bus accident in Michigan?

If you are injured in a tour bus accident in Michigan, hiring a lawyer is crucial for several reasons:

Navigating Michigan’s No-Fault System: Michigan’s No-Fault insurance laws are complex. A lawyer ensures you receive all the benefits you are entitled to—such as medical expense coverage, lost wages, and replacement services—regardless of who caused the crash

Maximizing Compensation: An experienced attorney investigates the crash, identifies all liable parties (like the bus company or driver), and fights for the maximum compensation available, including pain and suffering damages if your injuries are serious enough to meet Michigan’s legal threshold

Handling Insurance Companies: Insurance companies often try to minimize payouts. A lawyer handles all communications and negotiations, protecting you from unfair settlement offers or claim denials

Meeting Legal Deadlines: There are strict deadlines for filing claims and serving notice, especially if the crash involves a regional transportation authority or transit company. Missing these deadlines can cost you your right to compensation.

Proving Your Case: To recover pain and suffering damages, you must prove your injuries are severe enough under Michigan law. An experienced lawyer knows how to gather the necessary evidence and expert testimony to support your claim.

Why choose the attorneys at Michigan Auto Law for your case?

When you’re injured in a transit vehicle crash, you need a legal team that knows our state’s laws inside and out. Our tour bus accident lawyers are recognized among the best in Michigan for their expertise, compassion, and proven results. We handle every detail of your case, from navigating the complexities of our state’s No-Fault insurance system to dealing with bus companies and insurance providers. Our attorneys ensure all legal deadlines are met and protect your right to pursue compensation for medical bills, lost wages, pain and suffering, and vehicle damage.

We’ve secured some of the largest settlements and verdicts in the state. With over 2,500 five-star reviews, our clients consistently praise the personal attention and outstanding outcomes they receive. Let us fight relentlessly for your rights so you can focus on recovery.

What is the average settlement amount?

Settlement amounts for tour bus accidents in Michigan can vary significantly depending on the severity of injuries and the circumstances of the crash. Settlements for less serious injuries are typically smaller, while those involving significant injuries or permanent disabilities are generally much higher. Because transit companies often carry larger insurance policies, compensation for injuries sustained in transit vehicle crashes can be notably greater than in typical car crashes. Ultimately, the specific settlement depends on the unique details of each case, including medical expenses, lost wages, and the impact on your life. Our experienced lawyers can help you pursue the maximum compensation available for your case.

Injured in a tour bus accident in Michigan and need a lawyer? Call the attorneys at Michigan Auto Law now for a free consultation

If you were injured in a crash in Michigan, call now (800) 968-1001 for a free consultation with an experienced tour bus accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in auto accidents.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms.  This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 2,500 5-Star reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck crash and car crash settlement in the state.

Call now so we can start making a real difference for you.

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