In this shocking incident, a driver ran a red light, hit an SUV making a legal left turn, and then slammed into a school bus.
Thankfully, no students were on the bus, but the school bus driver was injured. The driver who ran the red light was also injured, and I imagine the occupants of the SUV may have been hurt as well.
In this post, I’ll break down what obstacles anyone injured in this accident may face in seeking compensation for their injuries.
First, My Thoughts
Before diving into the legal analysis, let me say that I hope everyone involved in this accident is doing okay and makes a full recovery.
Liability and Compensation
It seems clear the driver who ran the red light is liable for this accident. That driver and their insurance company would be responsible for compensating:
- Any passengers riding with the at-fault driver.
- Any occupants injured in the SUV.
- The injured school bus driver.
If I represented any of the injury victims in this case, the first step would be to investigate all possible insurance coverage that might be available to compensate them.
What If the At-Fault Driver Has No Insurance?
A major concern in cases like this is whether the at-fault driver had automobile liability insurance. According to a recent study, around 14% of drivers in the U.S. are uninsured.
If the at-fault driver in this incident didn’t have insurance, this could pose a significant problem for the injured parties. Here’s why:
- Judgment-Proof Drivers:
Often, individuals without insurance are what we call “judgment proof,” meaning they don’t have enough income or assets that can be seized to pay a judgment. Even if a court orders them to pay, the injured victims may have no way to actually collect.
In such cases, the best option for compensation would be to file uninsured motorist (UM) insurance claims.
How Uninsured Motorist Coverage Works
Uninsured motorist coverage (UM) is a type of auto insurance designed to protect you if you’re injured in an accident caused by a driver who has no insurance.
For example:
- If the SUV in this accident was covered by a policy with UM coverage, the injured occupants could file claims under that policy.
- If any injured person had their own vehicle or lived with a family member who had a vehicle with UM coverage, they might also be eligible for compensation under that policy.
As for the school bus, it’s likely that the bus had substantial UM coverage, which the injured school bus driver could pursue for compensation.
What If the At-Fault Driver Has Insurance?
If the at-fault driver did have insurance, that would be good news for the injury victims, as they could pursue claims against the driver’s insurance company.
However, there’s a potential problem when multiple people are injured:
- Insurance Policy Limits:
Insurance policies have limits for how much they will pay per person and per accident.
For example:
- In Kentucky (where I practice law), the minimum liability coverage required is $25,000 per person and $50,000 per accident.
- If the at-fault driver only had minimum coverage, the most any one person could recover is $25,000, and the total compensation for all injured victims would be capped at $50,000.
With multiple victims, the available coverage could quickly be exhausted, leaving victims under-compensated for their injuries.
Underinsured Motorist Coverage
If the at-fault driver’s insurance isn’t enough to cover all damages, the injury victims could turn to underinsured motorist (UIM) coverage, if they have it.
UIM coverage kicks in when the at-fault driver has some insurance but not enough to fully cover your injuries.
Final Thoughts
Accidents like this highlight the importance of having sufficient uninsured (UM) and underinsured (UIM) motorist coverage on your auto policy. I often see people who either don’t have these coverages at all or don’t have enough. It’s worth getting as much UM and UIM coverage as you can afford to protect yourself and your loved ones.
If you’ve learned something from this analysis and want to dive deeper, check out this video (linked here), where I break down another real-life accident involving a school bus and a dump truck.
Also, don’t forget to subscribe to my channel for more helpful videos like this one.
And if you’ve been injured in Kentucky, remember: Don’t Wait, Call Tate!
Disclaimer: This post is not legal advice. Always speak with a lawyer for your particular situation.
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