Can I Sue Public Transit if I Was Injured in a Bus Accident?
- Country:
- United States
Public transit buses transport hundreds of passengers every single day. As a result, the bus driver and the transit company are held to a very high standard to ensure that commuters are safe whenever they ride. However, although buses are generally safer forms of transportation than other, smaller vehicles, accidents still happen.
If you are on a bus that gets into an accident and you suffer injuries as a result, you will want to know whether you can sue public transit. It's fair to wonder whether you can actually sue public transit if you sustain injuries while riding on a bus. You have to know who is at fault depending on the circumstances and how you can recover compensation to cover your damages.
Common Injuries Stemming from Bus Accidents
Bus accidents can result in serious injuries just like crashes involving passenger cars. Certain injuries can occur due to the makeup of such a large vehicle. They can be absolutely devastating and even catastrophic in nature. For example, due to buses having a high center of gravity, they are more likely to experience a rollover accident.
Buses also do not typically have seatbelts, which can result in passengers being thrown upon impact in a crash. Projectiles are also more likely to fly around in a bus if it stops short. Common injuries you can suffer in a bus accident include the following:
- Broken bones
- Concussions
- Contusions
- Internal bleeding
- Internal organ damage
- Sprains
- Whiplash
In the worst-case scenario, getting seriously injured in a bus accident can even lead to your death or the demise of a loved one.
Unique Legal Issues with Bus Accident Claims
Unlike regular car accidents, bus accidents have certain unique legal issues. While you are able to get compensation from the at-fault driver's insurance company in an accident with a regular car, that is not the case with a bus accident. In this type of accident, as an injured passenger on a bus involved in a crash, you wouldn't have the insurance coverage necessary to cover the accident.
There may also be a third party that might be involved as well. Additionally, the bus company may be protected from liability in some cases. There are also cases where the government can be held liable.
Suing the Government After a Bus Accident
While you might immediately think of filing a personal injury claim against public transit, it is most likely against the government. Transit systems are run within a specific jurisdiction. How you file your claim depends on the state and municipality. You are required to follow procedural rules and file a notice that includes certain information, including the following:
- Statement of your intent to request compensation for your injuries caused by negligence by the bus driver
- Details about the time, place, and circumstances of the accident
- Details of your injuries and damages
- Your name and address
According to BaderScott, after a bus accident, in most cases, the bus driver will call the police, but you can also call the police if you'd like or if the driver is unable. Make sure your name is included in the police report the police create, because you may need it for evidence later.
Fault in Bus Accident Cases
You will need to establish liability in a bus accident case. In some situations, it might be necessary for an investigation to be performed to determine what occurred that led up to the crash.
There are certain factors that can determine fault in a bus accident case. In many instances, bus drivers work while they are overly tired due to the long hours they put in. Unfortunately, it's not uncommon for a bus driver to have not been properly trained for their job or for a driver to be under the influence of drugs or alcohol while working. In other situations, liability may be due to overloading of the bus or faulty buses or equipment that has been improperly maintained.
It's important to know that filing a claim against the public transit system or government can be complex. Exactly how you should proceed depends on the laws and procedural requirements in your area, which means you will have to thoroughly research. Of course, it's also wise to hire an experienced attorney to help you get maximum compensation as quickly as possible.
(Devdiscourse's journalists were not involved in the production of this article. The facts and opinions appearing in the article do not reflect the views of Devdiscourse and Devdiscourse does not claim any responsibility for the same.)
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