Bus accident claims, whether they involve school buses or commercial buses are governed by complex laws and regulations that effect the operation of public and private buses. Any attorney handling these types of claims needs to be familiar with these laws and regulations. There are several different types of bus accidents:
- School buses
- Commercial buses
- City and public buses
If you or a loved one have been involved in a bus accident in Virginia, Maryland or Washington DC, call us or contact us for a free consultation.
Bus accidents involving government employees
If the driver of the bus is a government employee, then that driver, in some jurisdictions, may have full or limited sovereign immunity. That immunity, however, may not apply for acts of gross negligence, i.e. negligence of a degree that exceeds what is called “ordinary negligence”. That driver’s employer, however, may not be entitled to sovereign immunity and therefore the employer can be sued.
Special requirements as to buses owned by governmental entities
In some jurisdictions, governmental buses are entitled to certain special protections. There may be limitations on the amount of any monetary recovery against the employee or employer for governmental bus accidents. This may apply to school bus accidents in some jurisdictions. In addition, there may be certain notice requirements that have to be met in terms of giving proper notice to the governmental entity before a claim can be asserted. If that notice is not given, then the person’s claim may be time barred.
Commercial bus accidents
Common carriers are held to a higher degree of care than are persons transporting passengers not for hire. This does not mean that common carriers are necessarily insurers of every passenger’s safety but they are required to exercise a high degree of care.
Investigating bus accidents
In looking at negligence and causation issues in a bus accident case there are several things to be considered:
- The absence of seat belts. Critics of mandatory seat belts in buses say that their presence would add too much weight to the bus. There is design data that indicates that seat belts could be added to buses without any addition of weight and that they would cost the same as seats that are currently used in buses. Certainly the presence of seat belts would dramatically decrease injuries.
- Stronger roofs. Many bus manufacturers opt for more window space in their buses as a matter of convenience for the passengers. That also reduces the structural support of the roof which then become problematic in the event of a rollover.
- Window glazing. Because passengers can be thrown through the window in the event of an accident, the presence of ejection-resistant window glazing is important.
- Unqualified bus drivers. Although there are a number of regulations that pertain to bus driver qualifications and licensing frequently these requirements are not adhered to. The qualifications and licensing of the driver involved needs to be fully explored.
- In significant bus accident cases the National Transportation Safety Board investigates. Their investigation is typically thorough and may, at the very least, be the starting point for your investigation.
