Victims of bus accidents have the ability to file a lawsuit if they are unable to recover a reasonable settlement through an initial claim. A victim may have a bus accident claim if the crash was caused by the negligence of another party, and he or she sustained injuries or losses as a result. Understanding when you can sue for a bus accident, how to determine if you have a bus accident case, and what causes bus accidents can help you plan your path forward.
When Can You Sue for a Bus Accident?
Victims of bus accidents can file a lawsuit or claim when another party’s negligence caused the accident, and they suffered injuries as a result of the crash. To sue for a bus accident, victims must first file a bus accident claim against the liable party’s insurance company. This gives the at-fault entity the opportunity to accept the damages expressed by the victim and offer a settlement. If a settlement can not be reached, or the liable party is resistant to accepting responsibility, the next step is to file a bus accident lawsuit. Considering the above, if applicable, you should consider filing a lawsuit, and you can find guidance and more information on this website.
How Do I Know If I Have a Bus Accident Case?
To determine whether you have a viable bus accident case, you must first examine the circumstances of your crash and the resulting injuries, and compare these facts to the legal elements of negligence. These elements include:
- Duty of Care – To file a negligence-based claim, you must first establish that the liable party owed you a duty of care. In bus accidents, the liable party is often the driver of the bus, the owner of the transport company, or another driver on the road. Regardless of who is liable for a bus accident, drivers, and the companies that employ them, owe a duty to passengers to ensure a reasonably safe trip and prevent accidents to the best of their ability. Drivers in other passenger vehicles owe a duty as well, since all drivers owe it to one another to prevent harm.
- Breach of Duty of Care – Although a duty of care is owed, grounds for an accident claim do not exist if there was no breach of the duty of care. A breach of duty of care often occurs due to negligence, when drivers or company operators fail to act reasonably to prevent harm. Situations that may demonstrate a breach of the duty of care include hiring untrained or unqualified drivers, driving recklessly, while intoxicated, or while fatigued, and failing to properly maintain a bus.
- Damages – Even if a liable party breaches a duty of care, and an accident ensues, a bus accident claim may still be unwarranted. For a case to hold up, you must have sustained damages, or losses, of some kind. Generally, these losses have financial ties. Examples of accident-related losses include medical bills due to injury treatment or lost wages due to time away from work.
- Causation – To hold the designated party accountable, you must establish that your injuries or losses are a direct result of the accident he or she caused.
The elements of negligence are what build the foundation of a bus accident case. They can be proven through evidence such as videos and pictures of the accident scene, eyewitness testimony, accident reconstruction, wage statements, and medical records.
Common Causes of Bus Accident Lawsuits
While a bus accident is most frequently caused by negligence, it can arise out of a variety of circumstances. Identifying the cause of a bus accident can help victims determine who to sue after a crash. Common causes of bus accidents include:
Driver Error or Negligence
Driver negligence is a top cause of bus accidents. Examples of driver negligence include:
- Distracted Driving – Bus drivers using mobile phones, eating, or engaging in other distractions.
- Fatigue – Drivers working long hours without adequate rest, leading to impaired judgment and slower reaction times.
- Speeding – Driving too fast for road conditions or exceeding speed limits.
- Reckless Driving – Unsafe lane changes, tailgating, or aggressive driving behaviors.
- Driving Under the Influence – Operating the bus under the influence of alcohol or drugs.
Failure to Maintain the Vehicle
Poor vehicle maintenance can lead to bus accidents when mechanical failures or tire issues occur. Brake failure, tire blowouts, and other operational problems can result from a company’s failure to conduct routine repairs and regular maintenance inspections.
Negligent Hiring Practices
Negligent hiring practices contribute to bus accidents when drivers are underqualified to operate the large vehicle. This can occur due to inadequate background checks and a failure to provide proper training over time. Additionally, understaffing can cause drivers to work longer hours than is reasonable, leading to fatigued driving.
Third-Party Negligence
Sometimes, a bus accident is the result of a third party’s actions. This is the case when the driver of a passenger car causes the collision through reckless or negligent driving. Poor road maintenance, improperly planned infrastructure, and manufacturing defects can also cause crashes.
Failure to Follow Safety Regulations
If a bus company overloads a vehicle, or ignores safely laws and transportation regulations, they may cause an accident and be liable for resulting injuries.
Special Considerations for Government Liability in Bus Accident Cases
Bus accidents involving school buses, municipal transportation, or interstate or intercity buses may require special considerations. Victims pursuing these cases will need to file a notice of claim, understand sovereign immunity, and adhere to a shorter statute of limitations.
Understanding Sovereign Immunity
Sovereign immunity is a legal doctrine that protects government entities and their employees from being sued without their consent. It means the government cannot be held liable for damages in many cases, though exceptions exist where the government waives this immunity. This may introduce a complication into a bus accident case, but a personal injury lawyer can help victims overcome sovereign immunity when possible.
Filing a Notice of Claim
A notice of claim is a formal notification required for suing a government entity for a bus accident. It outlines the details of the accident and injuries, and must be filed within the statute of limitations to protect your right to sue.
Reducing the Statute of Limitations
The statute of limitations for claims against the government is typically shorter than other personal injury cases. Depending on the state or the entity being sued, this can vary.
