When bus accidents occur, several individuals or entities that may bear liability for the crash. The most obvious individual who may share in some or all of the responsibility for the accident is the bus driver.
A bus driver is responsible for the lives of all of the individuals who are on board his or her bus at any given time. Consequently, the driver owes these individuals a very high duty of care to operate the bus in a reasonably careful, safe, and prudent manner at all times that he or she is on the road. When the bus driver fails to act responsibly, such as by speeding, engaging in distracted driving, driving under the influence of drugs or alcohol, or disobeying traffic laws or regulations—and an accident results—then the bus driver can be deemed responsible for the accident.
In addition to the bus driver himself/herself, the bus driver’s employer may be fully or partially responsible for any injuries or damages that occur as a result of the bus accident. In most cases, the bus driver’s employer is also the owner of the bus.
In some cases, depending upon the type of bus that is involved in the accident, the employer may be a school district, a city or municipality, or a private bus company, such as with charter buses. For one or more of these entities to share in the liability, there must be evidence that shows that the bus driver was operating the bus while on the job and while working within the scope of his or her employment.
A bus company, municipality, or other entity may also be held legally responsible for the bus accident if the evidence shows that the bus driver was negligently retained or hired. For example, a bus company could be deemed responsible for an accident if there is evidence that shows that the bus driver had a poor driving record and/or received traffic citations on more than one prior occasion.
In addition to a negligent bus driver or the bus driver’s employer, another motor vehicle driver may be deemed fully or partially responsible for a bus accident. In other words, the bus driver may have been operating the bus in a safe and careful manner at the time the accident occurred.
However, some other motor vehicle drivers may have been solely responsible for the accident. That other motor vehicle driver may have been operating his or her vehicle in a careless or reckless manner, such as by speeding, running a red light or stop sign, or engaging in distracted or intoxicated driving. In any of those instances, the victim or victims of the bus accident may file a claim against the negligent motor vehicle driver for damages stemming from their personal injuries.
An experienced bus accident lawyer will thoroughly investigate the circumstances of your accident and how it occurred. A lawyer will then determine who caused the accident and can file a claim or lawsuit that names all potentially responsible parties as defendants. Your lawyer can then set about pursuing monetary compensation and damages on your behalf.
