A bus accident lawyer can help you recover compensation if you have been hurt in a bus accident. These crashes are especially complicated if they involve a municipal bus or public transit. However, you deserve to be compensated for all of your losses that stem from the crash. The bus company should also be held accountable.
What are some common types of bus accidents?
Bus accidents happen very frequently. In 2019, there were 231 fatal roadway crashes involving buses, and approximately 25,000 people were hurt in an accident.1 These bus accidents can happen in a variety of ways. Some of the most common are when:
- a bus causes a car accident with your motor vehicle,
- the bus hits your parked car,
- you were a passenger on the bus and got hurt when it caused a motor vehicle accident or hit a stationary object, and
- you were a pedestrian or bicyclist and got hit by a bus.
In some of these cases, the bus can be a school bus. It is especially important to recover the maximum compensation available in school bus accidents because the victims on the bus are often young. Worse, they are generally no seatbelts for them to wear, so their injuries can be more severe.
In all of these cases, you may have a claim against the bus operator or some other party.
What are some common injuries?
The injuries often sustained in a bus accident are severe. Buses are very large vehicles. They bring a lot of force into a collision. Some common injuries from bus accidents include:
- broken bones,
- traumatic brain injuries (TBIs),
- spinal cord injuries,
- cuts or lacerations, and
- whiplash.
If you were a pedestrian, you are more likely to suffer a serious injury. You will not have anything to protect you from the force of the collision.
Who can be responsible for a bus accident?
Lots of different people and entities can be responsible for the bus accident. Some common parties to be responsible for a bus crash are the:
- bus driver,
- driver’s supervisor,
- bus company or operator,
- city, state, or county transit authority,
- motorist that crashed into the bus,
- bus manufacturer, or
- manufacturer of a defective bus part.
If any of these people or parties were responsible for the crash, they can also be held liable for it. In many cases, the bus driver will be responsible. When this is the case, the driver’s employer can be held vicariously liable. The company will be far more likely to have adequate insurance coverage to pay for your losses. This is extremely important for recovering the full amount of compensation that you deserve. If the company is not held liable, you might not recover all of your losses. This is especially true if you suffered serious injuries.
A bus accident attorney can make sure you recover what you deserve from the liable parties in your case.
Does it matter if the bus accident claim would be against the government?
Yes. If you were hurt by a public transit bus, city bus, or a school bus, your claim will be filed against a government agency. When a bus accident claim is against the government, there will be additional obstacles to overcome. Most importantly, you will have to file a notice of the claim within 6 months of the incident.
Buses can be owned and operated by either:
- private companies, or
- public entities.
Examples of private bus companies are charter bus or tour bus companies like:
- Greyhound,
- Peter Pan, and
- Megabus.
They also include school buses that are owned and operated by a private company.
Examples of public transit in California include:
- Los Angeles County Metropolitan Transportation Authority, also known as the LACMTA, the MTA, or just the Metro,
- Foothill Transit,
- Long Beach Transit,
- Montebello Bus Lines, and
- school buses owned and operated by the local school district.
All of these entities are common carriers. They have a heightened standard of care to keep their passengers safe.
If the lawsuit would be filed against a public entity, however, there are additional procedural obstacles to overcome. Typically, the statute of limitations for personal injury claims related to a bus accident is 2 years.2 However, claims against a government entity have to submit a notice of the claim within 6 months.3 Failure to do so can doom your claim.
What if I am found partially at fault in the bus accident case?
If you were found partially to blame for the bus accident, your compensation will be reduced. However, if you were a passenger on the bus, this is rarely an issue.
California uses the rule of pure comparative negligence when bus accident victims are partially to blame.4 In a personal injury trial, the jury will decide whether you deserve compensation, how much you deserve, but also how responsible you were for your injuries. The amount the jury awards you in its verdict will be reduced by your percentage of fault.
Generally, this will only be an issue if you were:
- driving a motor vehicle and got in an accident with a bus, or
- a pedestrian and got hit by the bus in the street.
Bus passengers are not among the common causes of bus accidents. They are rarely to blame at all for one.
How can a bus accident lawyer help?
An experienced bus accident lawyer from a California personal injury law firm can help by increasing the amount you are offered as a settlement. The insurance company or the legal team for the government agency that is responsible for compensating you is far more likely to take your claim seriously if you have an attorney. Your lawyer’s legal advice can also help you make an informed decision about the adequacy of a settlement offer.
Settlement offers should go beyond just covering your medical bills and property damage. They should also include any future medical expenses you are likely going to have to pay. They should also include professional losses related to an injury victim’s long-term disabilities, as well as their pain and suffering.
If no fair settlement offer is made, your personal injury attorney can file a personal injury case on your behalf. This includes satisfying the notice of claim requirement if the defendant would be a government agency.
As the case approaches trial and more evidence is gathered, a personal injury lawyer can negotiate for a better settlement. If no settlement is reached, your lawyer can present your case to the jury for them to decide.
If the bus accident injuries lead to a fatality, an attorney can help the victim’s loved ones file a wrongful death lawsuit, instead.
Legal References:
- Federal Motor Carrier Safety Administration (FMCSA), “Large Truck and Bus Crash Facts 2019,” (October 2021).
- California Code of Civil Procedure 335.1 CCP.
- California Government Code 911.2 GOV.
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975).