Every year, tens of thousands of bus passengers across the country suffer injuries in avoidable accidents. If a bus accident injures you, you may wonder who you can hold responsible and what steps you should take next.
In this guide, we will help you understand your legal rights and the options available to you. While this information is a good starting point, you will need professional legal support to pursue compensation.
That’s where we come in. Our team at Frankl Kominsky Injury Lawyers is here to help. Contact us today at (561) 800-8000 to discuss your case and begin the path toward recovery.
What Are My Rights as a Bus Passenger?
Bus passengers have specific legal protections due to the nature of public transportation. Under U.S. law, buses are categorized as common carriers, which refers to entities that transport goods or people for a fee and are therefore subject to a higher duty of care that surpasses the general duty of care imposed on ordinary drivers.
The Legal Duties of Common Carriers
- Regular Vehicle Maintenance: Ensuring the bus is in top condition, with all mechanical parts functioning correctly. Negligence in maintaining the vehicle can result in severe accidents, and any failure in this area may constitute a breach of duty.
- Adherence to Traffic & Motor Vehicle Laws: Bus drivers must follow all regulations. Any deviation, such as speeding, running a red light, driving while texting, or failing to yield, can be grounds for negligence.
- Proper Driver Training: Bus companies must ensure their drivers are well-trained and equipped to handle the vehicle under various conditions. This training includes defensive driving techniques, understanding and reacting to road conditions, and proper passenger management.
If you can establish that the bus driver or the company failed to meet any expected standard of care, they may be found liable for your injuries.
Determining Liability in Bus Accidents
Liability refers to the legal responsibility for the accident and, consequently, the obligation to compensate victims. In bus accident cases, determining liability can quickly get messy, often involving multiple parties, including the bus driver, the bus company, third-party drivers, or even manufacturers of bus components.
Common Causes of Bus Accidents and Potential Liable Parties
- Driver Negligence: Driver negligence is the most common cause of bus accidents. If the driver acted negligently, they and potentially their employer (the bus company) could be held liable for the accident.
- Third-Party Negligence: Sometimes, another driver on the road may cause the accident. For example, a car that runs a red light and collides with the bus could be primarily responsible for the injuries sustained by bus passengers. In such cases, the third-party driver (and their insurance company) might be liable.
- Mechanical Failures: Accidents can also occur due to mechanical failures, such as brake malfunctions or tire blowouts. If the injured parties can prove the bus was not properly maintained or that a defect in the vehicle contributed to the accident, the bus company or the manufacturer of the faulty part could be held responsible.
- Government Liability: If a public entity, such as a city’s public transportation system, operated the bus involved in the accident, different rules may apply. Government entities benefit from sovereign immunity, which can limit or complicate claims against them (more on this below). However, there are exceptions, especially if you can demonstrate that the government entity acted negligently in maintaining the bus or properly training the driver.
Challenges in Suing Public Transportation Entities
Pursuing legal action against public transportation entities is not as straightforward compared to suing an individual or private business. This is due to specific legal protections that government entities enjoy and the procedural hurdles you must overcome, such as:
1. Sovereign Immunity
This legal principle traditionally protects government entities from being sued without their consent. While many states have enacted laws that waive this immunity in certain circumstances, these waivers often come with strict limitations.
For instance, in Florida, the state has a limited waiver of sovereign immunity, allowing individuals to sue government entities, including public transportation systems, but with certain restrictions. It caps on the damages that victims can recover—typically $200,000 per person and $300,000 per incident. These caps significantly limit the compensation available, particularly in cases involving severe injuries or multiple victims.
2. Notice Requirements
When suing a government entity, you must adhere to specific procedural requirements that differ from those in standard personal injury cases. One of these is the requirement to provide formal notice to the government entity before filing a lawsuit. This notice must typically include details about the accident, the injuries sustained, and the compensation the injured parties seek.
In Florida, for example, injured parties must file a notice of claim within three years of the accident. After this, the government entity has six months to respond before you can file a lawsuit. Missing these deadlines results in your claim being barred entirely.
3. Proving Negligence Against a Public Entity
Proving negligence in cases involving public transportation entities can be more challenging due to the involvement of multiple parties and the need to navigate certain government regulations. For example, in some cases, the driver may be protected by certain governmental immunities, or the accident may be attributed to broader issues, such as inadequate training or systemic failures within the transportation agency.
This is why gathering the necessary evidence to prove negligence can be difficult, particularly when dealing with a public entity that may have more resources to defend against claims. Access to internal records, maintenance logs, and employee training documents may be restricted, requiring legal action to obtain them.
Steps to Take Immediately After a Bus Accident
We know how traumatic a bus accident can be, but taking the right steps immediately afterward will help protect your health and legal rights.
1. Seek Medical Attention Immediately
Even if you feel fine initially, some injuries may not be immediately apparent, such as concussions or internal injuries. Seeking medical attention as soon as possible ensures that any injuries are documented, which will serve as evidence that links your injuries to the bus accident.
2. Document the Scene
If you are able, gather as much evidence as possible. This includes:
- Taking Photos or Videos: Capture the scene, including the bus, any other vehicles involved, road conditions, and your injuries.
- Collecting Contact Information: Obtain the names, phone numbers, and addresses of the bus driver, other passengers, witnesses, and anyone else involved in the accident.
- Noting Details: Write down or record details about the accident, such as the time, weather conditions, and any statements made by the driver or other parties. These details can fade from memory, so document them immediately.
3. Do Not Discuss the Accident Publicly
Be cautious about discussing the accident, especially on social media. Anything you say could be used against you by insurance companies or opposing legal teams. It’s best to keep details of the accident private and only discuss them with your attorney.
4. Consult with a Personal Injury Lawyer
An attorney will guide you through the legal system, advise you on how to handle interactions with insurance companies, and will act on your behalf to prevent you from doing anything to unknowingly jeopardize your rights.
Compensation Available to Injured Passengers
1. Medical Expenses
One of the most significant components of compensation in bus accident cases is for medical expenses. This includes coverage for:
- Immediate Medical Costs: Ambulance services, emergency room visits, surgeries, and any other immediate medical treatment you required following the accident.
- Ongoing Medical Care: Long-term treatments for trauma include physical therapy, follow-up doctor visits, prescription medications, and psychological counseling.
- Future Medical Expenses: In cases of severe injuries that require prolonged treatment or have lasting effects, compensation may also include future medical expenses.
2. Lost Wages
If your injuries have forced you to miss work, you can seek compensation for lost wages. This includes:
- Current Lost Income: The wages or salary you lost while recovering from your injuries.
- Future Lost Income: If your injuries result in a diminished capacity to work or a permanent disability, you may also be entitled to compensation for the income you would have earned in the future.
3. Pain and Suffering
Beyond the tangible financial losses, you may also seek compensation for pain and suffering. This includes:
- Physical Pain: Compensation for the physical pain endured due to your injuries.
- Emotional Distress: Compensation for the emotional and psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Emotional distress damages recognize the significant impact that accidents can have on a victim's mental health.
4. Property Damage
If the accident damaged any of your personal belongings, such as a smartphone, laptop, or clothing, you might be entitled to compensation for these losses.
5. Loss of Consortium
In tragic cases where a bus accident results in a fatality, the victim’s family may be able to claim loss of consortium. This compensation covers the loss of companionship, affection, and support that the family members suffer due to the wrongful death of their loved one.
6. Punitive Damages
In certain cases, you may also be eligible for punitive damages. These are not meant to compensate you for a specific loss, but rather to punish the at-fault party for particularly reckless or egregious behavior. For example, if the bus driver was under the influence of alcohol or drugs at the time of the accident, the court might award punitive damages as a way to deter similar conduct.
How Frankl Kominsky Injury Lawyers Will Help You Win Your Case
If you’ve gotten this far, we know you’re probably feeling overwhelmed. But this is where we come in. Our team at Frankl Kominsky Injury Lawyers is ready to discuss your case and offer you a path forward to get you the compensation we know you deserve. Here’s how we can help:
1. Extensive Experience in Bus Accident Cases
We have extensive experience handling bus accident cases, including those involving both private and public transportation entities. Our attorneys understand the unique challenges these cases present, from the intricacies of proving negligence to the procedural hurdles of suing a government entity. We leverage this experience to build strong cases that maximize our clients' chances of a favorable outcome.
2. Thorough Investigation and Evidence Gathering
Bus companies, especially the ones run by the government, have access to vast legal and financial resources. That’s why you need a team of dedicated attorneys working to gather every last shred of evidence that we will use to build a compelling argument that supports your claim.
3. Navigating Sovereign Immunity and Procedural Hurdles
One of the most daunting aspects of suing public transportation entities is dealing with sovereign immunity and the specific procedural requirements that come with it. Our attorneys are well-versed in the laws governing these claims, including the critical deadlines and notice requirements. We take all necessary legal steps promptly, safeguarding your right to pursue compensation.
4. Maximizing Compensation
We understand the full range of compensation available to you. Our team works diligently to calculate the total impact of the accident on your life so that you receive the maximum compensation available to you under the law.
5. Personalized Legal Strategy
We take the time to understand your situation, your injuries, and your goals, developing a personalized approach that aligns with your best interests. Whether we pursue a settlement or take your case to trial, we always focus on achieving the best possible outcome for you.
6. Compassionate Support Throughout the Process
We know that dealing with the aftermath of a bus accident is emotionally and physically draining. Our team is here to provide compassionate support throughout the entire legal process. From the initial consultation to resolving your case, we are committed to being by your side, answering your questions, and keeping you informed every step of the way.
Get the Compensation You Deserve with Frankl Kominsky Injury Lawyers
Don’t delay in taking action after a bus accident. The sooner you contact us, the sooner we can build a strong case on your behalf. Time is of the essence, especially when dealing with strict filing deadlines and procedural requirements.
Call Frankl Kominsky Injury Lawyers today (561) 800-8000 for a free consultation, and take the first step toward justice.