Bus Crashes

Brien Roche

Bus crashes, whether they involve school buses or other buses, are governed by complex laws and rules.  Those laws and rules affect how these buses operate.  Any lawyer handling these types of claims must know these rules and laws.

Look at the Rules

The Federal Motor Carrier Safety Regulations (FMCSR) define a bus in a very broad way.  The immediate things to do are:

1. Determine if the federal statute/rules apply;
2. Determine if the bus is a common carrier or private carrier.

Common carriers are held to a high degree of care.  This is different than the care that applies to a non-common carrier.  Being a common carrier does not mean that the carrier insures the safety of the riders.  

U.S. law governs most buses that are on the road in terms of fitness, driver training, qualification and supervision.  The National Transportation Safety Board (NTSB) investigates many of these crashes.  They may issue a lengthy report.  That report cannot be used at trial. However it does provide helpful leads.

In those cases where the bus is not in commerce between states then the federal rules do not apply.  However they should be your starting point for research.  States sometimes follow the federal Rules.  Moreover those rules may be followed at the local level.  To the extent that the bus is a common carrier, then it must exercise utmost care and skill.  On the other hand, a private carrier must only exercise reasonable care.

Types of Buses

There are several types of buses that may exist:

• The Greyhound bus which is a private for-profit bus which operates between states is a common carrier.
• Local touring buses.  If for-profit and operated either in-state or between states or if they function as a charter bus, then they are private carrier.  Limousines over a certain size also fit into this group.
• Local hop-on and off tour buses are mostly private for-profit in-state carriers that are a common carrier.
• School buses are not common carriers. 
• Local town, city and county buses may or may not be be common carriers.
• Church buses are probably private carriers.  
• Drivers who are government employees may be immune.  The driver’s employer may also be immune.  These governmental buses may also be protected by special laws.  Those laws may limit the amount of money the party being sued can be forced to pay. In addition there may be certain notices that must be given before you can sue.  If that notice is not given, your claim is barred.  Call or contact us for a free consult.

Potential Defendants in Bus Crashes

The parties at fault in bus crashes include not only the driver and the bus owner but also the tour company for the trip if one exists.  Anyone who contracts to refer people to the bus service may be at fault.  The manufacturer or distributor may also be at fault.

Investigating Bus Crashes

• Drivers are required to hold a commercial driver’s license (CDL).  Check to see not only if the driver has that CDL but also should have a current one year medical certification which is required for a CDL.
• Driver fault.  The skill level of the bus driver must be closely looked at.  There are a number of rules that govern this.  
• NTSB reports must be looked at.
• Absence of seat belts.  There are pros and cons as far as seat belts in buses.  Those who oppose say they add too much weight to the bus.  Design data indicate that seat belts do not add that much weight.  Likewise the cost is not that much.  Above all, seat belts save lives.
• Stronger roofs.  Lots of window space endangers riders.  Also it decreases safety and support of the roof.  This is a major problem in a rollover.
• Window glazing.  People being thrown from a bus is a danger.  Window glazing keeps people inside. 
• The buses across the U.S. are run by a complex network.  Many of these bus owners come and go.  Sometimes they come and go with crashes.  They may simply fold-up with a big crash.  Thereafter they form under another name and resume doing what they had been doing.  Following this trail of owners may be helpful.  Proof of a series of crashes with new companies being formed after each crash may help tip the scales in your favor. 

Seat Belts and Federal Preemption

Federal preemption issues has been discussed elsewhere on this site.  When the U.S. steps into a particular field then they may fully occupy that field.  The states then cannot pass rules or laws that differ from the U.S. rules or laws.  This concept is designed to prevent any conflict between what the U.S. is doing and what the states are doing.  You need to look at whether this applies in your case.  It may apply in regard to bus seat belt issues and also other safety issues.

In a 2011 case of Doomes v. Best Transit Corp., the New York Court of Appeals noted that the state law claim based upon the absence of seat belts in this bus was not preempted by federal law.  The U.S. law that required the driver’s seat to have a belt but did not require seat belts for the riders.  This did not preempt the state law claim.  

Chinese Passengers Involved in Bus Crashes

A bus crash in early March 2011 killed 15 passengers in the Bronx, NY.  It was carrying Chinese workers to out-of-town gambling places.  Chinese culture views gambling as a mode of relaxing.  As a result, many Chinese workers after a day’s work travel to nearby casinos.  They then return home the next day for work.

In addition many Chinese workers travel long distances overnight for work.  They then return home after the end of their shift.

This niche Chinese bus business was involved in this deadly crash killing 15 people.  The case is of interest because it shows how some owners skirt the law in order to cater to large groups.

Call, or contact us for a free consult. See the page on Wikipedia dealing with traffic collisions Also see the post on this site dealing with trucking issues.