Buses play a critical role in local and intercity transportation, and millions of passengers rely on them daily. In most of these rides, the passengers reach their destination safely. However, occasionally, they may suffer injuries because of the carelessness of the bus driver, bus company, or transit agency. Other drivers on the road may also have suffered injuries because of the driver's negligence behind the wheel.
If you or a loved one has suffered an injury in a bus accident, you may have the legal right to financial compensation. The prerequisite for receiving compensation is proving that the driver or bus company was negligent, and you need someone who can conduct an investigation on your behalf and compile evidence. Your proof of negligence must persuade the bus agency to settle your case or a jury to award you money at trial.
You are best off when you hire an Austin bus accident lawyer for your case because you are taking on the government or a bus company, and the stakes are high. Even though the common carrier doctrine may make it easier for you to prove your case, you should never assume anything in a bus accident lawsuit. A bus accident attorney can thoroughly investigate what happened, but you must contact them quickly. You may have a truncated timeline to file a lawsuit, and the required evidence can soon disappear.
Who Can File a Bus Accident Lawsuit?
Two general plaintiffs may file a lawsuit against a transit agency or bus company.
- Passengers: You may sue a bus company when you suffer an injury in an accident as a passenger on the bus, regardless of whether it belongs to a public transit agency or an intercity bus company.
- Other Drivers: Motorists on the road and their passengers may suffer injuries in a crash with the bus due to the driver's negligence.
Both public transit agencies and for-profit bus operators can be liable for accident injuries. If your child suffered an injury in an accident on a school bus, you can sue the school district that employed the responsible driver.
You Must Prove Negligence to Win Your Bus Accident Lawsuit
You must prove negligence to win a bus accident lawsuit like any other personal injury case. Here, negligence is shorthand for careless and wrongful actions that have caused injuries. In a bus accident case, you must prove the defendant was negligent before compensation is even an issue. You have an affirmative obligation to meet your burden of proof before receiving payment for your damages.
There is a four-part test that you must meet in a personal injury case before proving that a defendant was negligent. You must prove every element to qualify for compensation; if you fail to do this, you are not in a position to receive compensation for your injuries.
The four elements in the test for negligence are as follows:
- Duty of care: Your legal relationship with the defendant must be one where they owe you a duty of care. This element of the negligence test is simple to prove. When you step onto a bus, the driver automatically owes you the duty of care. A driver also owes you the duty of care when they are near you on the roadway.
- Breach of the duty: The driver or the bus company breaches the duty of care when they have done something unreasonable under the circumstances. You will compare their actions to those of ordinary bus drivers and what they would have done under the circumstances. If their actions fall short, the bus driver has breached their duty of care.
- Injury: You must have suffered an injury to your person or emotions.
- Causation: You would not have suffered an injury had it not been for the careless actions of the bus driver. You must prove cause-in-fact, which means that the bus driver’s actions were the direct cause of your injuries. You also have to show that your injury was a foreseeable consequence of the defendant’s actions.
Evidence That Can Prove Your Bus Accident Case
You must have evidence that shows every single one of these elements to win your bus accident lawsuit. A bus accident attorney will gather proof from the following sources to help prove your case:
- Testimony from witnesses who saw the bus accident
- Pictures from the scene of the accident
- Videocamera footage of the accident
- The police report of the accident
- Testimony from an accident reconstruction expert
Depending on the type of bus in the accident, there may be a public investigation of the crash. A transit agency will likely investigate further to learn what happened, and you can obtain the investigation report. If your accident involved an interstate bus, there may be a federal investigation of the accident. Still, you need a bus accident lawyer to perform their own research because they may have a different result.
If your accident involved a public bus, there is a chance that there is a recording of the driver’s actions that caused your injuries. Some public buses have cameras that may have captured what happened. If you sue the bus company in a lawsuit, the bus company may have to turn this evidence over to you in the discovery process.
Examples of Negligence in a Bus Accident Case
You can suffer an injury by the negligence of a bus driver or company in numerous ways.
Examples of negligence in a bus accident case include:
- The bus makes an illegal turn, which leads to a collision with another driver.
- The bus driver makes a sudden stop or turn, which causes a passenger on the bus to fall.
- The driver may cause an accident because they were not paying attention to the road due to distraction.
- The bus driver is speeding to make up time or reach their destination sooner.
- The driver falls asleep behind the wheel, or their fatigued driving leads to an accident.
- The driver is reckless, or they got behind the wheel after drinking alcohol or taking drugs.
Bus companies are responsible for the negligence of their driver that occurs during the scope of their employment. They are also independently liable for negligent hiring or retention. Bus companies must only hire qualified drivers and cannot continue to employ drivers with spotty safety records. Your bus accident lawyer can obtain the personnel records of the driver in the accident to show they have a history of dangerous driving.
Bus companies are also liable if they fail to maintain their vehicles properly. They must only put roadworthy buses on the roadway and take vehicles with safety issues off the road until they can repair them. Buses drive many miles and are prone to breakdowns, so the bus company has to remain vigilant about maintenance.
The Common Carrier Doctrine in Bus Accident Cases
It is often easier to prove liability in a bus accident lawsuit than in other personal injury cases. You still have the requirement to show negligence. Still, for bus accidents, there is a legal doctrine that can help you prove responsibility and put you in a stronger position to receive financial compensation for your injuries.
A bus company is usually a common carrier, depending on the situation's circumstances. Common carriers hold themselves out to the general public to provide transportation services without discrimination in exchange for a fee. The fact that they offer these services means the transportation provider has an even greater responsibility. They are charging money while assuming responsibility for your safety.
Common carriers have a heightened duty of care when they are in the picture. The legal standard in a case involving a common carrier is that they exercise the “utmost” care, vigilance, and diligence to ensure the safe transport of passengers. This duty of care has high stakes, and it can make it easier for you to prove that a bus driver or company was negligent in the circumstances surrounding your accident injuries.
Why You Need a Bus Accident Attorney for Your Case
Even if it may be easier to prove liability in your case, you still need a bus accident attorney to represent you in the legal process. You must prove that the bus driver was negligent, and the insurance company or government may not factor in the heightened standard of care when deciding whether to make you a settlement offer. They may still try to take a stringent view of their liability because they do not want to pay you any money whatsoever. These entities may force your hand to take legal action and try to take advantage of you if you do not have a lawyer representing you.
Then, you need a bus accident attorney because proving liability is only part of your legal case. It is one thing to receive money for a bus accident injury, but it is an entirely different matter to receive all the compensation you deserve, which is your goal in a bus accident case. If you do not have a bus accident attorney in your corner, there is little chance you can receive a settlement check or jury award reflecting the full amount of your damages. First, you may not know that special rules come into play when you are suing a governmental entity, including the requirement to give them notice of your claim before you file a lawsuit and the terms of the statute of limitations. Second, you may not know how much your case is worth, which is a large part of the battle in any personal injury case.
No matter who you are suing for your bus accident injuries, you can expect a tough time in your legal case. Public transit authorities see many claims yearly and carefully monitor each one. They have a staff of attorneys who protect them from liability, making it complicated to file a lawsuit against them. Public transit authorities can be as challenging to deal with as any insurance company and may only respond when you have hired a tough bus accident attorney.
It Costs Nothing Upfront to Hire a Bus Accident Lawyer
You do not need to pay a bus accident attorney anything from your own pocket to get them started on your case. In fact, you do not need to pay anything at all unless you are successful in your lawsuit by receiving a settlement check or winning your case in front of a jury. Most bus accident lawyers work on a contingency fee basis, which means they only get paid if they win your case. This fee is a percentage of your compensation and will come from your settlement or jury award. In other words, if your bus accident lawyer does not win your case, you will not owe them any fees.
When you hire a bus accident lawyer, you gain access to their experience and resources, significantly increasing your chances of success. Bus accidents are complex, involving multiple parties, including the bus company, the driver, and potentially the bus manufacturer or its components. A skilled bus accident lawyer will thoroughly investigate the accident, gather evidence, negotiate with insurance companies, and fight for your deserved compensation. They will handle all the legal aspects of your case, allowing you to focus on your recovery.
By hiring a bus accident lawyer, you are leveling the playing field against bus companies, government entities, and insurance providers who will do everything possible to minimize liability. Your lawyer will advocate for your rights and ensure no one takes advantage of you. They will work to secure the maximum compensation available for your medical expenses, lost earnings, pain and suffering, and other damages.
A Bus Accident Attorney Can Help
Do not hesitate to seek legal representation if you have suffered an injury in a bus accident. Hiring an Austin personal injury lawyer can significantly improve your chances of obtaining the compensation you deserve. Remember, time is of the essence, as there are strict deadlines for filing a bus accident claim. Contact a bus accident lawyer today and take the first step towards protecting your rights and securing your future.
