Defendant in Bus Crash Argues Third Party Involvement

Passengers injured in a bus accident are suing the driver who they believe caused the crash, but several different eyewitness reports lead police to believe that another car was involved.

Last October, a bus owned by the Roaring Fork Transportation Authority (RFTA) was traveling along Highway 82 when it came upon a tractor traveling 25 mph. The bus swerved to avoid the slow-moving farm equipment, causing it to overturn after striking a highway barrier.

The tractor operator was cited for failing to have a “slow moving” emblem on his vehicle, a minor traffic offense. The bus driver was not cited at all for the incident.

After the accident, 10 passengers were hospitalized. The injured victims are now suing the bus driver, the RFTA and the owners of the tractor for negligence.

The RFTA is also suing the tractor operators, saying they were negligent for driving 25 mph in a 65 mph zone without a “slow moving” emblem. However, one attorney is arguing that the accident was caused by another car entirely.

Several witnesses report seeing an unidentified truck between the tractor and the bus shortly before the accident. They described the truck as “white or light colored,” and it was traveling without any warning lights, including taillights.

The tractor owner’s attorney claims the white pickup truck was responsible for the crash, so he is requesting a designation of non-party at fault.

What If Someone Else Was Responsible for My Accident?

A designation of non-party at fault attempts to prove that an unnamed party was at least partially responsible for the accident. Whoever requests the designation must identify the “non-parties” roughly 90 days after the lawsuit begins.

The defendant’s level of liability could drastically impact a civil settlement. For the best legal strategy, victims should consult a licensed attorney about their case.

Metier Law Firm has more than 30 years of experience defending car accident victims, so we know how to make the law work for you. For more information about civil cases, follow us on Facebook or Twitter.

[Did You Know: Non-parties must be identified by name or the best identification possible, including John or Jane Doe.]

Metier Law Firm, LLC – Injury Attorneys Serving Clients Nationwide

Source: http://www.sawayalaw.com/blog/2012/02/designations-of-non-parties-at-fault.shtml

 

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