Liability in Bus Accidents
The National Bus Safety Council produced a study evaluating the number of bus accidents between 1987 and 1996 and found that, as compared to an average of 44,000 passenger vehicle fatalities, bus rider fatalities averaged only 4.3 each year. As buses are far larger than most other vehicles and do not come equipped with safety features such as seat belts, it is generally assumed that they are a very safe method of travel.
However, bus accidents, while rare, can be financially and physically devastating. In recent years buses of all sorts have been involved in a dismaying number of collisions, which frequently led to fatalities. A large percentage of these accidents involved school buses, which was the impetus for many school districts to re-vamp their bus fleets with seat belts even though most states do not legally require them to do so.
In the event of a bus accident many individuals and entities may be held liable for negligence. The most obvious is the bus driver, and it is important that all drivers are highly trained and adequately qualified for their task. A bus driver may be considered a "Common Carries", which is legally defined as an individual or entity operating a for-profit business involving the transportation of goods or people from one location to another and typically proffer their services to the public. Common carriers can also include commercial bus companies. Although bus drivers and common carriers may be held legally at fault for causing or contributing to a bus accident, lawsuits filed against them will differ from state to state. Some states have a "no-fault" policy regarding traffic accidents and may be at odds with federal statutes.
Commercial bus companies and common carriers must uphold both Federal and state laws regarding the standards and months of concept of their business. Bus drivers are legally obligated to have received adequate training and to have safe, well-maintained and appropriate equipment for their task. This means that a commercial bus company, an individual bus driver, those responsible for the physical maintenance and repair of the buses in the fleet, and the distributors of the equipment used for transportation may all potentially be held liable in the event of a bus accident.
When a bus accident occurs, insurance companies, contractors and state and federal laws interacts in a complex manner that makes it difficult for a layperson to accurately determine fault. The examples above illustrate clearly why it is imperative to garner advice from an accident lawyer who is abreast all current state, county and local laws and comfortable with insurance company negotiations.