Bus Accidents and Your Legal Rights

Oct 31, 2024 - Bus Accidents, Personal Injury by Cross & Smith

In the United States, we rely upon buses to transport people within our cities and towns, to perform long-distance transportation, and to carry children to and from school.  Each year, it’s estimated that up to 700 million people travel by bus. These bus passengers and their families have a reasonable expectation that they will safely arrive at their destinations. The term “bus” refers to large private and public vehicles that transport passengers for a fee. In Alabama, this includes:

• Public transportation buses (MAX Transit, WAVE transit)
• Private bus lines (Coach, Greyhound, Megabus)
• School buses
• Airport and hotel shuttle buses
• Tour buses
• Private charter buses

According to the National Transportation Safety Board (NTSB), school bus and motorcoach travel are among the safest forms of transportation in the United States. But while collisions involving buses make up only a small portion of the total fatal accidents each year, the results can be tragic.  

Bus Accidents Statistics

On average, there are nearly 60,000 bus accidents each year in the United States, according to the Federal Motor Carrier Safety Administration. While the number seems high, contrast that with the approximately 6 million car accidents that occur each year. While most of these bus collisions result in property damage only, hundreds of people are killed, and thousands more are injured. It’s been estimated that up to 14,000 injuries occur in these crashes. 

According to the National Safety Council, school bus-related crashes killed 104 people nationwide in 2022. This was a 4% reduction compared to 108 deaths in 2021. Of the people injured in school bus-related crashes from 2013 to 2022, about 36% were school bus passengers, 9% were school bus drivers, and 51% were occupants of other vehicles. The remainder were drivers of other vehicles, pedestrians, bicyclists, and others.

Bus accidents can be caused by a variety of factors, including bus driver negligence, faulty bus maintenance, poor road conditions, lack of driver training, negligence of other drivers, and other causes. 

How to Prove Personal Injury

In order to prove a personal injury case related to a bus accident in Alabama, you must prove:

• You were owed a duty of care
• The duty of care was breached
• The breach was the direct cause of your injury
• You suffered compensable harm

The threshold question is whether a duty of care was owed to you. It is well-established in the state of Alabama that all vehicle drivers owe others on the road a reasonable duty of care. This duty of care includes following the rules of the road, keeping the vehicle maintained, and not engaging in dangerous activities such as distracted driving. Thus, if another vehicle caused the bus accident in which you were injured and failed to meet the standard of care, you may be entitled to damages due to the negligence of the driver.

If the accident was caused by your bus driver, a higher standard of care may be required. Buses that are deemed to be “common carriers” must use the utmost care and diligence to ensure the safety of their passengers. A common carrier is a person or a commercial enterprise that transports passengers or goods for a fee and establishes that their service is open to the general public. In addition to buses, examples of common carriers include railroads,  airlines, and taxi and rideshare services. This heightened standard of care goes beyond the typical negligence doctrine that is applied to an injury caused by a regular vehicle driver.  A Tuscaloosa accident attorney will be able to advise you on the common carrier status of the bus in question.

Note that if you were injured by the act of a bus passenger, you may have a cause of action against the passenger. You may also have a cause of action against the bus driver, depending on the circumstances. 

Damages to which injured parties may be entitled include economic damages, non-economic damages, and punitive damages. Economic damages include medical costs and expenses, lost wages, and other out-of-pocket expenses. Non-economic damages are more speculative and difficult to quantify but include pain and suffering, emotional distress, and loss of consortium. In particularly egregious situations, your Tuscaloosa accident attorney may seek punitive damages on your behalf. 

Statute of Limitations and Accident Documentation

In most cases, you have two years to file a lawsuit if you’ve been injured in a bus accident. However, there are certain exceptions to this two-year statute of limitations, including lawsuits against counties and municipalities. These statutes of limitations are less than two years. There are also a number of special steps that must be taken when suing government entities in Alabama, so it’s important, immediately following a bus accident, to seek medical attention, even if you don’t feel injured. Prompt medical attention not only ensures your well-being but also provides important documentation for your personal injury claim.

To document the accident scene, follow these steps:

• Collect all pertinent information from the bus driver, other drivers, and all witnesses. 
• Write down the bus company and bus number and relevant ticketing information. 
• Keep all documents related to the accident and your injuries, such as police reports and medical records. 

By gathering this essential evidence, you will be better prepared to pursue your bus accident claim.

Contact a Skilled Accident Attorney in Tuscaloosa Today

Navigating the aftermath of an Alabama bus accident can be daunting, not just due to the physical injuries sustained but also because of the complex legal considerations involved. There is a complex web of federal and state regulations that govern public transportation, and the possible large number of potential parties can make filing a claim difficult. 

Whether the accident was caused by bus driver negligence, faulty equipment, inadequate safety measures, or other vehicle drivers, if you have been injured, you have the legal right to seek compensation for economic and non-economic damages. Here at Cross and Smith LLC, we have the knowledge and expertise to help you pursue your bus accident claim. Call us today for a free consultation.