4 Things To Know About Bus Accident Claims
Victims of public bus accidents deserve compensation for their damages, just as other accident victims. However, the details and procedures for a bus accident claim may differ from those of other accident claims. Below are four things you should know before filing a bus accident claim.
1. A High Standard of Care Applies
The standard of care determines whether a court finds your defendant liable for your damages. In most cases, a defendant is only liable for damages if their failure to meet the required standard of care (their negligence) causes you injury. Mass transit companies or common carriers, such as bus companies, have a higher standard of care than many other road users.
For example, the law expects bus companies to ensure they have professionally trained operators, including drivers. A bus driver must have a commercial driving license (CDL) for the vehicle class they plan to operate. Other expected standards of care include proper vehicle maintenance, adequate safety equipment, and clear entrances and exits.
Therefore, a bus company that hires a driver with only a basic driving license is negligent. The bus company will likely be liable for the accident the driver might cause due to their inadequate knowledge and experience with large vehicles.
2. The Industry Has High Risks of Some Injuries
The nature of buses and the bus industry means they have higher risks of some accidents or injuries that other modes of transportation, such as private cars, do not necessarily have. Awareness of these risks will help you investigate and value your damages.
For example, buses have a higher center of gravity (due to their height) than private cars. The high center of gravity increases the rollover risk in an accident. Injuries common with rollover accidents include head, neck, and back injuries. Injuries to these critical parts of the body often trigger high-value damages.
3. The Accidents Feature Multiple Potential Defenders
The bus industry involves multiple parties, and any of these parties can be liable for your accident. You must identify the right party before demanding or filing a lawsuit. Otherwise, you might waste time chasing compensation from the right party and start over once you realize your mistake. A personal injury lawyer can help you identify the liable party.
For example, the bus driver might be liable for the accident if they cause the accident by:
- Driving while intoxicated
- Falling asleep while driving due to exhaustion
- Getting distracted by their phones
Other potentially liable parties include the bus company, bus manufacturer, maintenance company, and local government. Even another road user, such as a motorcyclist, pedestrian, or private motorist, might be liable for your damages. Multiple defendants are also possible, in which case you may need to file claims against them to collect full damages.
4. The Nature of the Defendant Affects Your Claim
Lastly, know that the defendant affects your bus accident claim in multiple ways. Accident claims against private individuals, government bodies, and common carriers follow different laws and regulations. Follow these rules and regulations so you don't lose your compensation on a technicality.
For example, you deserve compensation from the government if the poor maintenance of public roads causes a bus accident. However, claims against the government must follow specific rules that claim against other parties don't have to.
For one, you cannot file a lawsuit against the New Jersey government before you file a written claim and give the government time to deliberate on it. You only have 90 days to file this notice. Also, claims against the government have award caps that the courts respect.
Borbi, Clancy & Patrizi have extensive experience with auto accident claims. We promise to do everything we can to get you maximum compensation for your injuries. Contact us today for a free initial consultation to determine how to handle your case.