If you've been injured by a bus, you may need help to file a claim and get compensation. Buses are usually public transportation, which can make filing a tort claim in civil court very difficult. Getting seriously injured on a bus or by a bus driver is rare, but it does happen. And if this has happened to you, there are several things you need to know to protect your rights.
1) Buses are Usually Operated by Government Entities
Lawsuits against public bodies, like ODOT and school districts can be daunting. But according to the National Highway Transportation Safety Administration, 37% of fatalities in bus accidents occurred on municipal buses.
2) Investigation will be Very Important
Sometimes the cause of an accident is very clear, but with buses the underlying cause of the accident may take some investigation and knowledge of the bus system. Causes of bus accidents that are not as obvious include:
- Inexperienced or untrained bus drivers;
- Drivers working while overly fatigued;
- Overloaded conditions;
- Missing/broken safety equipment;
- Poor maintenance;
- Drivers under the influence of drugs or alcohol;
- Poor road conditions.
3) Time Limits against Public Bodies are Strict
While the statute of limitations on normal car accidents is usually 2 years (though there are exceptions), the time limit for filing a Tort Claim notice against a public body is only 180 days. Note: this is 180 days, NOT six months. And the requirements for filing a tort claim notice are complicated, so you may want to consider hiring a bus accident attorney quickly.
4) Determining Liability
With bus accidents, and the number of possible agencies involved, it can hard to determine liability. Possibilities include: the govt. entity that hired the driver, the entity that trained the driver, the city that should have maintained the road, the dept. that actually owns the bus, etc. Again, a bus accident lawyer can help guide you through this maze.
