I Was In a Bus Accident—Can I Sue?
If you are unfortunate enough to be a passenger on a bus during an accident, or in a car that is hit by a bus, you could sustain serious injuries. When the crash is due to someone else’s negligence, you are owed damages.
You can sue for a bus accident, but it can be more complicated than a typical car crash. Besides the bus driver, other people or companies might share liability. One of the best things you can do is find an experienced bus accident attorney. They will help prove your case and ensure you get the compensation you deserve from all parties involved.
The Circumstances and Type of Bus Make a Difference in Injuries, Liability, and Who Will Pay
Hipskind & McAninch was hired by some of the survivors of a tragic Greyhound Bus accident that happened near Highland, Illinois in July, 2023. Three passengers died and at least fourteen sustained injuries. Bus accidents like these can cause devastating physical harm as well as serious emotional trauma. As bus accident attorneys, Hipskind & McAninch are dedicated to seeing that victims receive the care and compensation necessary to see them through their recovery.
Why Bus Accidents Are So Dangerous
Bus passengers in crashes like the one in Highland are vulnerable to serious injuries due to the nature of the vehicle. Few buses are equipped with seatbelts, and commercial and tour buses might store luggage overhead that will go flying during a collision.
The weight and height of a bus can make it difficult to stop and prone to tipping over. This poses a danger to passengers as well as cars the bus might hit. Underride crashes, where a car gets wedged beneath a bus can be particularly devastating.
Types of Vehicles and Who Can Be Sued
Victims can file a claim or sue for any type of accident involving a bus, such as:
- A bus owned by a private company
- A public transit bus
- A shuttle bus
- A private charter bus
- A tour bus
- A school bus
And the ability to seek compensation is not limited to passengers on one of these vehicles. It also covers pedestrians or bicyclists struck by a bus, or the driver and passengers of other vehicles the bus may hit.
The type of vehicle can determine who to sue for a bus accident. For example, the Greyhound Bus Company could be part of the lawsuit from the crash in July. If injuries happen on a school bus or city bus, however, the school district or municipality could share liability.
Determining Liability in a Bus Accident
Bus companies and their drivers (or anyone who transports people for a fee) are known as Common Carriers and have an even greater responsibility than typical drivers. All drivers are held to the standard of a “reasonable degree of care” when on the road. Bus drivers owe their passengers the “highest degree of care”.
There are three rules for proving a bus driver was negligent:
- The driver owed the passenger the highest degree of care.
- Their failure to drive with the highest degree of care caused the bus accident.
- The passenger’s injuries were a direct result of the accident.
According to the legal principle called the Common Carrier Doctrine, others besides the driver in the accident can be held responsible. The bus company, the bus owner (including government entities), and even those who maintain the bus can share liability.
This means that victims of a bus accident have several avenues to pursue when seeking damages, making bus cases more complex than those of a typical two-car crash. It is helpful to find an experienced bus accident attorney who can help sort it all out and find proof of liability.
What Counts as Negligence in Bus Accidents?
Negligence in a bus accident can result from the actions or inactions of the driver, the bus company, or mechanics and maintenance workers. Any of the following scenarios may be grounds to sue for a bus accident.
The Bus Driver’s Recklessness
Just as with a car crash, bus drivers who break traffic laws by speeding, making improper maneuvers, or driving distracted or impaired by drugs or alcohol are liable if they cause an accident. In addition to owing compensation to victims, they may also face criminal charges for their behavior.
The Bus Company’s Irresponsibility
Buses have many of the same requirements as commercial trucks. Companies that run the buses are responsible for screening and training their drivers and maintaining their vehicles. Federal and state laws as well as industry guidelines dictate safety equipment and the number of hours a driver can spend behind the wheel between breaks.
If a bus does not have appropriate safety gear such as mirrors or cameras that help the driver see blind spots, or if the driver crashes the bus due to fatigue, the company will share the liability.
A Mechanic’s Carelessness
While the company is responsible for keeping the bus maintained, it may use a third-party mechanic to do the work. That individual or their company may share responsibility for problems like brake failure or broken turn signals. Some mechanical failures could even be traced to the company that manufactured the bus. A victim could potentially sue if any of their mistakes or neglect contributed to the bus accident.
When Municipalities are Involved
In the case of government-run buses, a government entity is liable for training and screening school bus and public transport vehicle drivers, and maintaining their fleet of vehicles. If their drivers cause an accident, they can be held responsible.
A city, state, or county might also be found liable if road conditions helped contribute to the accident. While these entities can not be sued for icy roads or other weather-related conditions, they might neglect the roads in ways that contributed to the crash. For example, failure to post warnings or restrict access to dangerous areas like sinkholes, faded lane markings, missing guardrails, or hidden signage can all cause accidents.
Making a Claim After a Bus Accident
As with any accident, victims should seek medical attention immediately. Not only will this ensure injuries will be diagnosed and treated quickly, but it will also begin the documentation necessary for seeking compensation. Damages for a bus accident can include reimbursement for medical costs, lost wages, and pain and suffering.
A bus accident attorney will help gather evidence of negligence, interview witnesses, and calculate a fair compensation amount to file a claim with the appropriate insurance companies. If a settlement can’t be reached, they can file paperwork to sue for a bus accident.
In cases involving city, county, or school buses, filing a claim is slightly different. In Illinois, claims go through the Illinois Attorney General’s office and the Clerk of the Court of Claims within one year of the accident. If the victim decides to sue, it must happen within two years. The statute of limitations for any other accident is two years.
In Missouri, the Office of Administration’s Risk Management Division handles claims. The statute of limitation is only 90 days, unlike other accidents which allow five years, although the state is currently weighing a bill that could change it to two years.
Get Representation for Your Bus Accident
Bus accidents can have multiple victims suffering cuts and abrasions, sprains and broken bones, whiplash, concussions, and more. It is possible to sue for a bus accident, and compensation can come from several sources besides just the driver. Because of the complex nature of bus accident liability, it is best to hire a bus accident attorney for your personal injury case. Hipskind & McAninch can review your situation and begin building your case for a successful outcome. Contact us today for a free consultation.
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