Can You Claim Whiplash From a Bus Accident?

Whiplash is a known side effect of car accidents, but people often don’t realize that it can happen just as easily in bus accidents. While your head may not whip back and forth quite the same in a bus, your body is put under the same type of force and pressure in a bus collision. While whiplash is often considered a minor injury, the fact is that it can vary in severity. Those who suffer severe cases of whiplash may experience chronic pain, persistent headaches, difficulty concentrating, and fatigue.

Getting fair compensation after a bus collision can be a challenge, so it’s important to involve a bus accident lawyer early on in the process. Call Wagner Workers’ Compensation & Personal Injury Lawyers to schedule your consultation with our team.

How a bus accident may cause whiplash

The human body wasn’t built to withstand the force of vehicle crashes, so even a collision at low speeds can put an enormous amount of pressure on our neck. When the bus you’re on hits another vehicle (or another vehicle hits it), that force is transferred to your body. Your head is thrown forward until it snaps back. This pushes your neck beyond its natural range of motion, tearing muscles and ligaments.

Suing for whiplash after a bus collision

You may be able to sue for damages after a bus accident in Tennessee, but a lot depends on who was at fault for the accident. In some cases, the driver of the other vehicle is to blame. You would pursue compensation through their insurance policy. However, if there are multiple victims—often the case in bus accidents—your ability to recoup your losses may be restricted by the limits of their insurance policy.

If the bus driver is at fault for the accident, that throws another level of complexity into your accident claim. You’ll have to determine if the bus is owned by the government or by a private transportation company. If it’s part of a public bus line, your claim will fall under the Tennessee Governmental Tort Liability Act, which waives sovereign immunity in certain cases and sets specific rules, including a one-year deadline and damages caps. This process is considerably more complicated than pursuing compensation through a private party’s insurance provider, so it’s important to work with a personal injury attorney with experience in claims against the government.

The importance of strong evidence

When you’ve sustained whiplash in a bus accident, having the right evidence backing up your claim is crucial. We recommend going to the doctor as soon as possible after an accident. The less time that passes between an accident and your first medical checkup, the easier it is to prove that your injuries are a direct result of the accident. Copies of medical reports, diagnostic results, and other documents can prove the extent of your injuries.

You’ll also need evidence linking your injuries to the crash. An accident report from the police department can be incredibly helpful, as can eyewitness statements and statements from other victims who were on the bus at the same time as you.

Finally, be prepared to supply evidence that demonstrates how the accident and subsequent whiplash have affected your life. If you start receiving medical bills, keep them together. If you have to take time off of work, keep track of how much pay you owe or how much paid time off you have to use. Try to document your pain and suffering, as well as any tasks you have to outsource to others as a result of your injuries.

Challenges of whiplash claims

Perhaps the most common issue faced by those who experience whiplash after a bus accident is having their injuries downplayed. Whiplash is widely misunderstood, to the point that people will joke about it after any sort of hard stop or impact in their vehicle. This belief extends to insurance companies, so you’ll need to prove the severity of your whiplash and the way in which it has affected your life.

Getting an accurate account of what happened can also be difficult for bus accident victims. To start, there will likely be multiple—perhaps even dozens—of accounts to compare. Every person on the bus will have their own version of events, and there may be conflicting details that need to be sorted out. The police may have multiple people to talk to and attend to when they report to the scene, so there’s a chance your injuries won’t even be documented by them. That’s why it’s important to seek medical attention right away, touch base with other people at the scene of the accident, and jot down your own version of events.

If your claim is against the government and not a private business, this is another huge hurdle you’ll need to overcome. It’s not impossible, but you do have to work with an attorney with experience in this area. There’s a one-year statute of limitations that applies, and there are limits on how much compensation you can actually receive from the government.

Your next steps

Bus accidents can be traumatizing, often leaving you with significant injuries. If you’ve suffered whiplash after a collision, your next call should be to a bus accident lawyer in Tennessee. They can help determine the party responsible for your injuries, the severity of your injuries, how much compensation you are entitled to, and how to move forward with your claim.

Start your claim with Wagner Workers’ Compensation & Personal Injury Lawyers now

Don’t let a bus accident leave you permanently injured and struggling with medical bills. We’re here to help you explore your legal options and fight for compensation. Call us today or send us a message online to set up your consultation.