Being involved in a bus collision can be a frightening and overwhelming experience. Whether you're driving your own car or another vehicle, the aftermath can leave you wondering who is responsible for the damages and injuries you've sustained. Thankfully, the law allows you to seek compensation from the at-fault party — but identifying that party is key. Here’s a breakdown of who you can potentially sue, how fault is determined, and the steps you can take to protect your rights.
Potential Parties That May Be Liable
The first step in figuring out who to sue is determining who caused the bus collision. Depending on the circumstances, one or more parties may share responsibility. Here’s who you should consider when evaluating liability:
The Bus Driver
If the bus driver acted negligently, such as speeding, running a red light, or driving while distracted, they may be held accountable for the accident. Negligent behavior that leads to a crash can leave them (and potentially their employer) liable for your injuries and damages.
The Bus Company
Bus companies are often responsible for accidents caused by their drivers. This is because of a legal principle called vicarious liability, which holds employers accountable for the actions of their employees when those actions occur within the scope of their job. Additionally, the bus company could also bear some fault if they failed to properly train their drivers, maintain the bus, or comply with safety regulations.
Another Driver
Sometimes, another vehicle on the road may have caused the crash. For example, a reckless driver might have cut off the bus, causing the bus driver to swerve into your path. If another driver’s negligence triggered the accident, you could file a claim against that individual or their insurance company.
A Government Entity
If the bus is operated by a public transit agency, such as a city or state government, you might need to file a claim against the government itself. For example, public transit agencies can be liable if they failed to maintain safe buses or left hazardous conditions on public roads that contributed to the crash. Be aware that cases involving government entities have specific rules and shorter time limits for filing claims.
Bus Manufacturers or Maintenance Companies
Mechanical failure can sometimes cause a bus collision. If a faulty part, design flaw, or negligent maintenance led to the crash, the manufacturer or maintenance company might be held responsible. These cases often require a deeper investigation into the condition of the bus and the maintenance records.
Other Third Parties
Rarely, other parties may share fault, such as construction companies leaving hazardous debris on the road or even pedestrians causing unsafe conditions.
Determining Fault in a Bus Collision
Proving fault in a bus collision can be more complex than in a regular car accident because it often involves multiple parties. Here’s how fault is typically determined:
Accident Investigation
A thorough investigation is essential to establish what happened. Police reports, witness statements, traffic camera footage, and photographs of the crash scene can provide important evidence.
Reconstruction Experts
If fault isn’t clear, accident reconstruction professionals may be brought in to analyze the crash dynamics and determine who was responsible.
Negligence Standards
To hold someone liable, you’ll need to show they acted negligently. Negligence happens when someone fails to act responsibly or violates a duty of care, directly causing harm to others. For example, if a bus driver speeded through a school zone, that would likely be considered negligent.
Comparative Fault Rules
Many states follow *comparative fault rules, which allow you to recover compensation even if you’re partially at fault for the crash. However, your recovery amount may be reduced by your percentage of fault. For instance, if you were 20% responsible for the accident, your awarded damages might be reduced by 20%.
Legal Considerations for Bus Collisions
When pursuing a claim, there are some legal complexities unique to bus collisions that you should be aware of:
Multiple Insurance Policies
Bus companies or transit agencies often carry large insurance policies that cover accidents. However, dealing with these insurers is rarely straightforward. Insurance companies may try to minimize payouts or argue that their driver wasn’t at fault.
Special Rules for Government Claims
If your case involves a government-operated bus, you may need to follow specific rules for filing a claim. For example, you might be required to file a notice of claim within a shorter time frame, often just a few months after the accident, to preserve your right to sue.
Higher Stakes
Bus crashes often involve catastrophic injuries due to the size and weight of buses. The stakes in legal cases may be higher, leading to longer and more complex legal battles. An experienced attorney can ensure your case is handled carefully, maximizing your chance of fair compensation.
Potential for Shared Liability
Keep in mind that liability may not rest solely with one person or company. Many accidents involve shared fault, and determining the percentage of liability for each party can impact the compensation you receive.
Steps to Take After a Bus Collision
If you’re a driver involved in a bus accident, here’s what you can do to safeguard your health and legal rights:
Seek Medical Attention
Your health should always come first. Get checked by a doctor, even if you feel fine immediately after the crash. Some injuries take time to surface.
Document Everything
Write down details of the accident while they’re fresh in your mind. Take pictures of the crash scene, vehicle damage, and any visible injuries.
Obtain Contact Information
Exchange information with the bus driver, the company they work for, and any witnesses to the accident. If another driver was involved, get their details as well.
Report the Accident
Contact local law enforcement to report the collision. A police report can be a critical piece of evidence in your case.
Consult an Attorney
An attorney who specializes in bus accidents can help you identify liable parties, deal with insurance companies, and ensure your case is filed within the applicable deadlines.
Bus Accident Lawyer
If you've been involved in a bus collision in El Paso, Texas, understanding your legal options and protecting your rights is crucial. At Harmonson Law Firm, we specialize in personal injury cases and are dedicated to helping our clients navigate the complexities of insurance claims and lawsuits. Our experienced attorneys are here to provide guidance and support every step of the way. Don't hesitate to contact us today at (915) 233-6427 to discuss your case and learn how we can assist you in seeking the compensation you deserve.