Bus Injury in Bethlehem and Lehigh Valley Work Bus Accidents: Exclusive Remedy Provision

March 10, 2020 Posted in Articles Tagged in Personal Injury

When an individual is injured in a Bus Accident in the Lehigh Valley, often times that bus may be owned by a governmental agency. In Pennsylvania governmental agencies receive certain immunities from being sued. However, those immunities come with specific exceptions. That is why it is important that you consult with a Personal Injury Lawyer in Bethlehem, Pa at the Law Offices of Edward J. McKarski. 

An individual injured in a Bethlehem Bus Accident may be limited in their ability to recover against the governmental agency due to agencies immunity. The exception to governmental immunity for vehicle liability requires that “operation” of the motor vehicle, in the possession of the local agency, be the cause of the injury. How the Pennsylvania Courts have defined “operation” has recently changed in the Pennsylvania Supreme Court decision of Balentine v. Chester Water Auth. The Balentine Court held that “operation” of a vehicle entails “a series of decisions and actions, taken together, which transport the individual from one place to another. The decisions of where and whether to park, where and whether to turn, whether to engage brake lights, whether to use appropriate signals, whether to turn lights on or off, and the like, are all part of the ‘operation’ of a vehicle.” 1191 A.3d 799, 808-10 (Pa. 2018).

If you were involved in a Bus Injury in Bethlehem, Pa or a Lehigh Valley Bus Accident and you have questions about whether a governmental agency is liable for the Bethlehem Bus injury or have questions regarding a Bethlehem Car accident please contact a Bethlehem Personal Injury Lawyers at The Law Offices of Edward J. McKarski for a free consolation.

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