What You Need to Know When Involved in an Accident With a Bus
(Photo : Siddharth Kushwaha via Unsplash)

While bus accidents remain rare when compared to car accidents, they occur. When a person is involved in a bus accident, they remain more at risk of injury, as passengers on buses rarely have seat belts. Without this safety restraint, passengers often get thrown around the bus interior. This may result in serious injuries or death, and these injuries often lead to the need for extensive rehabilitation and ongoing care, among other things. 

Any person in an accident with a bus should seek legal representation immediately. This helps to ensure they receive compensation for their injuries and will be able to focus on their recovery rather than worrying about how to pay their medical bills. The attorney assists with filing the claim, determining the responsible parties and who to name in the suit, and more. 

Prevalence

Hundreds of individuals die in bus accidents each year, while tens of thousands sustain injuries. Although the number of bus accidents declined in 2019, too many people find they fall victim to this type of crash. During this same year, 39 percent of fatal crashes involved school buses and 34 percent involve a transit bus. 

Responsible Parties

A bus operator has a duty of care. This means they must operate the vehicle safely for the protection of their passengers. Furthermore, they must obey all traffic laws and signs. If they fail to do so, they have breached this duty of care. When looking at the actions of the bus drivers, courts look at what a reasonable person would do in a similar situation. However, the bus driver serves as only one party that may be held responsible in an accident. The type of accident plays a role in who may be named in the suit. 

Types of Bus Accidents

Many types of buses share the roads today. Countless individuals benefit from public transportation buses today, and commercial bus operators move people around daily. School buses transport children to and from educational institutions five days a week, which means they remain at risk of accidents. However, a bus may also be involved in an accident with a pedestrian or a bicyclist. 

Public Transportation

Most bus accidents involve public transportation buses. This could be an issue for any person injured in this type of accident. Governmental immunity and other legal doctrines often prohibit victims from taking a claim against the entity providing the public transportation. This depends on state law, so people must know the law in the state where the accident occurred. If they crossed state lines at any point during their journey, the laws may have changed when they did so.

Nevertheless, there may be a statute that allows for liability, and this confuses many victims. They may believe they don't have a case when they do, and legal representation becomes of great help in determining whether to proceed with a claim. In addition, the victim might find they may file a claim, but state law limits the amount they can receive in damages. 

Commercial Buses

Commercial bus lines fall under the category of commercial carriers. This type of carrier is nothing more than a public or private entity that charges a fee to transport individuals. These carriers have the highest duty of care when it comes to passengers. The carrier must ensure the safety of these individuals and can delegate it to another party. 

Commercial bus lines differ from public transit agencies in that they don't fall under the category of government agencies. They serve as private businesses, which means anyone injured in an accident involving one of these carriers may file a personal injury claim against the carrier. In most cases, driver negligence plays a role in commercial bus accidents. 

School Buses

Sadly, school bus accidents result in the deaths of children every year. In 2019, 109 people lost their lives in a school bus accident, according to the National Safety Council. This doesn't take into account the thousands who sustain serious injuries in these accidents, ones that may leave them disabled for life. Parents frequently find they cannot file a claim in this situation, as the school bus belongs to the school district or another government agency. They come up against government immunity. This isn't the case with all school buses today. Some states allow privately held companies to run school buses, so parents must know what they are dealing with if they wish to file a claim against the responsible parties. 

Other Motorists

The bus driver may not be responsible for the accident that led to injuries. Another motorist could be to blame, and anyone injured in an accident of this type may file a claim against this individual and their insurer. Nevertheless, a person might find they are limited in the amount they may receive in compensation when multiple people sustain injuries in the same accident. The insurer pays up to the policy limit, which means a person could find they don't receive enough compensation to cover their bills. In this situation, the victim might need to file a claim with their insurer or that of the bus driver to attempt to recoup the difference. 

Other Potential Defendants

Speak with an attorney to learn if other parties may be held responsible in a bus accident. For example, if a pothole played a role in the accident, the victim may be able to sue the responsible parties. The bus manufacturer or the mechanic responsible for maintaining the vehicle may also be a party to the suit. An experienced attorney reviews the facts of the case to determine who should be named in the suit. 

Any person injured in a bus accident must worry about recovering from their injuries. They don't need to worry about the legal aspects of the case or how they are going to pay their medical bills. Often, these individuals aren't able to work, which adds to their stress. Allow an experienced attorney to handle the case, determine who should be sued, and more. 

Find an attorney you feel comfortable with, as the case may take time to resolve. A person needs to ensure their medical bills resulting from the accident will be covered now and in the future. Many people overlook items that should be included in the claim and don't know how to calculate the effect the accident has had on their lives. The attorney becomes of great help in ensuring no detail is overlooked while the victim focuses on getting better. That needs to be the top priority at all times.