Determining liability in a bus accident is not always as straightforward as it is in passenger vehicle accidents.
Generally, there are a few likely parties who may be liable in a bus accident:
- Third parties: Many bus accidents are the fault of a third party, which could include another driver, pedestrian, or cyclist, to name a few. If the third party was negligent, they could be a liable party in a bus accident insurance claim or lawsuit. Examples of driver negligence can include failure to obey the law, following the bus too closely, or operating a smartphone while at the wheel.
- Bus driver: Buses fall under the designation of “common carriers,” which means drivers have a strict duty to exercise reasonable care to protect the passengers on their bus. If the bus driver is negligent in any way, they may be at fault for an accident. Negligence may include driving under the influence or while drowsy, using their mobile phone, or violating traffic laws. The driver’s employer may also be strictly liable for the driver’s negligence.
- The entity that owns the bus: In some cases, the entity owns and operates the bus could be liable for an accident. This is true, for instance, if the accident happens because of a mechanical failure or malfunction due to inadequate maintenance.
Many times, the government is the owner of the bus. If you wish to file a claim against the government, you may need to overcome some procedural hurdles. Always seek the help of an experienced bus accident law firm, such as Brauns Law Accident Injury Lawyers, PC, to help you navigate the legal system and get the justice you deserve.
