Operators and drivers of buses have a very high duty of care to protect passengers from injuries. Although the bus line itself is not an insurer against accidents, it can be held liable for the slightest neglect or lack of care that results in injury to passengers.
The majority of injuries to bus passengers occur when they are getting on and off the bus or from sudden stopping and starting of the bus.
In order for an individual to recover from injuries they suffered while entering or exiting a bus, there must have been a defective condition that the bus driver or bus line knew or should have known about. This may include anything from badly worn steps to icy steps to other issues.
One example would be how a passenger may be able to recover compensation for their injuries if the heel of their shoe got caught in a raised piece of steel in the bus. This would cause them to trip and fall as a result of the condition that the bus line should have addressed. Another example would be how a passenger may be able to recover from injuries they suffered while trying to get off the bus when they slipped and fell on a slippery step that had no handrails.
Passengers who have boarded a bus are presumed to have reached a place of safety or security when they have entered the door of the bus. In addition, the bus driver does not have a duty to keep the bus stationary until the passenger is seated.
However, the bus company may be liable if the bus was started with such violence that a passenger, who was otherwise exercising reasonable care, was injured. One example of this would be how a passenger who was standing and holding on to the back of a seat was thrown to the floor by the bus’ sudden stop.
The bus line may be found liable because there was supporting evidence that other passengers were similarly affected and others were also thrown to the floor when the bus stopped suddenly.
A passenger who is seated on the bus may be able to recover from the injuries suffered from negligent sudden starts or stops. One example of this may be how a passenger can recover when an individual was running towards the bus, and the operator stopped, applying the brakes so suddenly that the passenger plaintiff was thrown forward from their seat against the seat in front of them and sustained serious injuries.
A slip and fall injury, even on a bus, can be very serious. Falls on busses may result in:
Interiors of buses contain many sharp angles, for example, hard seats and metal handrails. If an individual slips and falls on a bus, they may collide with multiple different surfaces on their way down.
Passengers are commonly crowded on buses and may cause one another to lose their balance if they bump into one another. There may also be luggage, bags, and other clutter that can clutter the floor and worsen an individual’s fall.
Many buses also have wet and slippery floors resulting from rain, snow, or spilled drinks, which may increase the severity of slip-and-fall accidents. Other causes of slips and falls may include:
The first step in filing a claim after a bus accident is to contact an attorney. An attorney can help determine what parties may be liable.
It may be possible for an individual to obtain a damages award for the injuries they sustained from a bus accident to cover medical expenses and other costs. If a bus accident occurs based on the negligence of a carrier, for example, fatigue, speeding, tire failures, maintenance failures, or inadequate bus driver training.
In these cases, the carrier may be held liable for damages under personal injury law. The carrier may also be liable under wrongful death law if a passenger dies.
If a minor child or an ill or disabled individual is injured as a passenger on a bus, special rules will also apply.
Buses transport many individuals at one time to many different destinations. Most buses do not have airbags, seat belts, or other types of restraint systems that are normally found in passenger cars.
Because of these issues, a bus accident may involve some serious injuries. Common types of bus accidents include:
There are also accidents that involve high-speed collisions on roadways. These may also be very serious because buses take some time to slow down, similar to big rigs and other larger vehicles.
Similar to other kinds of motor vehicle accidents, bus accident liability will depend on determining which party was responsible for causing the accident. Bus accidents may be caused by many reasons, including, but not limited to:
Bus accident laws fall under common carrier laws because buses offer transportation services to individuals as part of their business. Common carriers are individuals or businesses that transport individuals, goods, or services for a fee.
The service is offered to the general public under authority or license provided by a government body. A common carrier may be a private company or a public entity.
The laws that govern common carriers are regulated on the federal, state, and local levels. Pursuant to the Interstate Commerce Act, the federal government regulates common carriers that transport passengers or cargo across state lines.
Individual states regulate travel within each state. There are also other types of transportation that may fall into the common carrier category, including:
A common carrier has the legal responsibility to show a higher duty of care because they provide their services to the public for a fee. A non-commercial driver has to operate their vehicle under reasonable care.
Common carriers have to use the highest degree of vigilance and care for the safety of the public and their passengers. Failing to adhere to that high duty of care may be considered negligence.
If an individual is a bus passenger and they are injured as a result of an accident, special rules may apply to the situation.
If you have been injured while using a bus line, it is important to consult with an experienced personal injury lawyer. Your lawyer will be familiar with the laws in your state and will be able to advise you of your rights and legal options.
Your lawyer will be able to determine what parties may be held liable for your injuries and will represent you throughout the process. Many times, cases will settle outside the courtroom before a trial begins.
Your lawyer will represent you during these settlement negotiations as well.
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