Injured While on a Bus, Who Is at Fault?

Buses are generally thought of as fairly safe forms of transportation. Otherwise millions of school children would not ride buses to school everyday, millions more commuters would not use them to get to and from work, and others would not use them to take cross-country trips or go on tours. They also tend to be in fewer accidents than cars and motorcycles.
Nevertheless, dozens of people are injured in bus accidents every year. When it happens, who is at fault, and how does one go about seeking the financial recovery they need to help with their injuries and medical expenses?

Bus Accident Injuries

Just as in car accidents, bus accidents can cause a wide assortment of injuries. These may include broken bones, sprains, whiplash, bruising, concussions, internal organ damage, bleeding, and even death. Unfortunately, buses also tend to cause their own unique injuries due to the construction of these vehicles. For example, their high center of gravity makes them more prone to rollovers, most do not feature seat belts or other safety restraints, and many require passengers to hold onto their possessions, creating the risk of projectiles during an abrupt stop. Thus, while the chances of an accident while in a bus are lower than while in other forms of transportation, the injuries one can sustain may be far worse than in a typical automobile accident.

Unique Legal Issues

Bus accidents often carry with them unique legal issues one need not consider in typical auto accidents. In a normal car accident, the drivers' insurance usually handles much of the negotiation and claims resolution, and the process is fairly straight forward. But, in a bus accident, the passengers likely would not have coverage to cover the accident, there may be a third party involved in the accident, and the bus company may have certain immunities from liability.

If a third party is at fault (i.e., the bus is hit by another car), you can generally make a third-party claim with the driver’s insurer, seeking compensation for injuries like and damages like medical expenses and lost income. If the bus driver is at fault, on the other hand, things are more complicated. Many buses are operated by government entities, like local transportation authorities and school districts. In fact, school buses account for more bus fatalities each year than any other kind of bus, according to the National Highway Transportation Safety Administration. Filing a claim against a government entity, like the school district, is much more complicated than a typical insurance claim.

Many government bodies self-insure. Thus, if the government denies one's claim, that person is left having to file a fairly complicated personal injury claim against the government entity. Some municipalities have complicated rules for appealing denials of insurance coverage that, if ignored, can jeopardize a later lawsuit. Others have very short windows in which to make claims or lose any rights to pursue action in court. Even if all of the pre-suit procedures are followed to the letter, there is often a remaining issue of government immunity and/or special procedural requirements for filing suit against a government entity.

Suing the Government

The specific procedural rules that apply to a particular case will depend on the state where the accident occurred, and sometimes on the municipality involved. Generally, in lawsuits against government agencies, one must allege:

That the claim is being made against a public body, or an officer, agent, or employ of the public body who was acting in the course of his or her duties;
A description of the events that gave rise to the claim, as in any lawsuit, explaining why the public body is liable;
In many jurisdictions, one must also allege how failing to prevent the injury was more than simple negligence, but amounted to gross negligence or falls under some other statutorily defined basis for government liability.

Again, each state and municipality may have slightly different procedural rules for making such a claim. The only way to know for sure is to research the law and procedural requirements in your particular jurisdiction. This can be a very complicated undertaking.

As a result, it would be wise to consult with an attorney immediately after any bus accident. An attorney should be able to help any injured parties understand their rights and point them to doctors experienced in both treating injuries such as the ones caused by a bus accident as well as testifying in court about the cause and extent of such injuries. An attorney can also navigate the sometimes tricky legal and procedural waters that may separate an injured person from a recovery they desperately need to cover medical expenses, lost wages, and other damages.

Fortunately, most personal injury attorneys are willing to work on such cases on a basis known as a “contingency fee.” This means that the attorney will cover all or some of the expenses of the lawsuit, including his own fees, until such time as a recovery is made. If the attorney successfully obtain either a settlement or a favorable judgment, he or she then takes his pay out of the money recovered (the amount the attorney is entitled to is typically capped by state regulations). This makes it possible for injured people to obtain the legal assistance they need from a top attorney, but not have to pay for it upfront.

Where to Turn

To find a list of personal injury attorneys in your area that can help you with your bus injury case, you can use the attorney search functions found at HG.org. The website allows you to search by location and practice area to find an attorney that is perfect for your situation. Best of all, the search function is completely free to use.

Remember, time is of the essence after any accident, and particularly one involving a government owned bus. Do not sit on your rights or you may lose them. Find the right attorney today!