Bus crashes can injure passengers, other motorists, pedestrians, and bystanders, and determining liability for these accidents is critically important to everyone injured. However, bus crash liability can often involve complex legal and factual issues as authorities try to unwind what happened and who was responsible.
Identifying All Potentially Liable Parties in a Bus Crash
While bus crash victims have the right to pursue compensation for their injuries, suing the right party is critically important.
If you target the wrong party, you might not have time to correct your mistake before the state’s statute of limitations expires. Thus, your bus accident lawyer will attempt to avoid this problem by investigating what happened and analyzing which parties to name in your lawsuit.
The following parties may be liable for bus accident injuries:
The Bus Company
If the bus was privately operated, the managing company might be liable for your injuries. Employers are responsible for employee negligence when it happens in the course and scope of regular duties. As such, a bus company would likely bear liability for a bus driver who drives a bus recklessly.
Bus companies can also be liable for their own negligence. Some careless acts that can lead to a bus accident include:
- Failing to repair a malfunctioning vehicle
- Failing to inspect and maintain vehicles
- Neglecting driver training and supervision
- Failing to conduct background checks on drivers
- Neglecting to conduct drug and alcohol tests on drivers
You might have a claim against the bus company if your bus accident attorney can prove that it failed to exercise reasonable care to protect riders and other road users.
The Bus Driver
When a bus driver is performing their job duties, their employer is liable for the results of their negligence. In most cases, once the employer is on the hook for the losses, the employee is off the hook.
However, the bus driver may be liable when they aren’t performing work-related duties. Under Texas law, an employer isn’t liable when a worker causes an accident off the clock. Instead, liability falls on the driver.
For example, a bus driver using a company vehicle to run personal errands or pick up lunch during their break might be personally liable for any resulting accidents, and their employer might escape liability.
To pursue a claim against the bus driver, you and your attorney must prove that the driver’s actions were negligent and directly resulted in your injuries.
Other Drivers
Sometimes, a bus driver might do everything right and passengers still suffer injuries. For example, if a semitruck driver changes lanes without looking and sideswipes a bus, it could cause the bus to run off the road and roll over.
In this case, the bus driver wouldn’t be negligent. Instead, the liability for any passenger injuries would fall on the truck driver and the trucking company for their negligence.
Maintenance Providers
A bus company or public transit authority might outsource its maintenance to a third party that’s supposed to maintain logs and perform preventive maintenance on the equipment. If an accident results from an equipment failure, the bus company might try to blame its outside maintenance service provider.
In such a situation, your lawyer would likely advise you to include both the bus operator and the maintenance provider in your claim. The bus operator might also bear liability for its negligence in selecting the maintenance provider if it had a checkered record or poor reputation.
Bus Manufacturers
Manufacturers are strictly liable for injuries caused by defective products. This legal principle applies whether the product is a windshield wiper or an entire bus. If your accident occurred due to an equipment failure, you might have a claim against the bus or part manufacturer.
This type of claim might arise if you sue the bus operator and it, in turn, blames the manufacturer. Your lawyer would likely advise you to keep both parties in the lawsuit since they both might have played a part in your accident.
Government Entities
Under Texas’s Tort Claims Act, a government entity may be liable for injuries when the following two conditions are met:
- The injury arises from a government employee’s operation of a motor vehicle
- The employee would be personally liable to the claimant according to Texas law
To establish liability for a transit authority, city, or county government, your attorney must prove that the bus driver was a government employee and that their negligent driving caused your injury.
Importantly, this liability isn’t limited to passengers. If a transit bus driver causes a pedestrian accident, the government may be liable for the pedestrian’s injuries.
FAQ
When Do I Need a Bus Accident Attorney?
Consider contacting a bus accident attorney anytime you suffer an injury in a collision with a bus. You may be entitled to pursue a claim for compensation, whether you were a passenger or were hit by the bus while driving or walking.
What Can a Bus Accident Lawyer Do to Help Me?
Bus accident lawyers know Texas law and have experience dealing with at-fault parties and their insurers. One of the most important tasks your lawyer will perform is analyzing who’s liable and what deadlines for legal action apply. Claims stemming from public transit crashes have different statutes of limitations, which you can’t afford to miss.
What Compensation Can I Seek for Bus Crash Injuries?
You can seek compensation for both economic and non-economic losses arising from your bus crash injuries. The former category includes medical bills and lost wages, while the latter covers pain and suffering and other intangible effects.
Contact Ramsey Law Group for Help Identifying the Parties Liable for Your Bus Crash
Bus crashes can involve many entities, from bus drivers to repair shops. Contact Ramsey Law Group today to discuss your accident with a qualified attorney. We’ll investigate the circumstances to determine which parties are liable for your injuries.