Who is responsible if I get hit by a bus?
By GNGF on January 23rd, 2023 in
The federal laws that govern commercial motor vehicles like passenger buses and the companies that operate them are known as the Federal Motor Carrier Safety Regulations (FMCSRs). The primary purpose of the FMCSRs is to help keep us, the motoring public, safe from the inherent risk of large commercial vehicles like buses. Bus companies that own and operate these buses are only allowed to operate on our roads if they agree to comply with the safety rules set forth in the FMCSRs. If a bus causes an accident, the primary source of recovery is the bus company that owns and operates the bus. If you were in a vehicle that was hit by a bus, contact Harmonson Law Firm for help today.
While the bus driver may have been responsible for your accident, it is likely the bus company’s insurer will be who your attorney files a claim for damages. The bus company is responsible for ensuring the driver is driving safely, is properly trained, and has had a thorough background check. While a bus driver could potentially be personally sued if their actions were especially negligent, careless, or egregious, the likelihood of a bus driver having sufficient assets to pay for all of your damages is low.
If a bus driver is driving excessive hours over the maximum allowed by the FMCSRs, therefore is overly fatigued, the bus company is responsible for not ensuring the driver is well-rested. Most bus companies have rules against their bus drivers using a cell phone while driving, so if the bus driver crashed because of cell phone use, he or she may bear some of the responsibility for the crash. As with commercial truck accidents, there can be more than one liable party for an accident.
In addition to the bus driver and the bus company, the bus maintenance company could also be partially responsible for the accident. If bald tires or defective brakes caused the accident, then the maintenance company could bear some of the liability for the accident. In some cases, a defective bus part could be responsible for the accident. If this is the case, then the case becomes a product liability claim for damages.
So, if you are injured in a bus accident, your attorney will thoroughly investigate the facts of your case before deciding who should be held responsible for your accident. In some instances, there may be multiple liable parties, which is why it is essential that you have an experienced personal injury attorney by your side from start to finish. Your attorney will accurately determine your damages, then negotiate with the liable parties’ insurers to secure a fair settlement on your behalf.
If I’m a passenger of a vehicle involved in a bus collision, who can I sue?
Passengers of a vehicle that are involved in a bus accident can potentially sue the bus driver, the bus company, and the driver of the vehicle in which the passenger was riding. A good personal injury lawyer will know who to sue in order to ensure that the passenger’s injuries are taken care of after the accident.
Being a passenger in another vehicle that is hit by a bus gives you the same rights as a person on the bus. This means that your attorney will determine the liable party or parties, calculate your damages as possible, then negotiate with the insurance company to ensure that all your damages are properly covered by your settlement. If the insurer(s) do not want to settle for a fair amount, your attorney will file a lawsuit to recoup your damages. Most injury claims settle outside of court, and your claim can settle right up until the jury returns a verdict.
How the Harmonson Law Firm with Offices in El Paso, TX and Las Cruces, NM Can Help If You’ve Been Hit By a Bus
If you’ve been injured after being hit by a bus, you need a firm that is compassionate to your plight while also having the experience, knowledge, and skills to diligently represent you. Harmonson Law Firm is that firm. We offer you compassion and dedicated legal service. At Harmonson Law Firm, we understand that you need immediate help in dealing with your injuries and the financial losses those injuries have caused.
We want you to be informed about the process which is why we take the time to fully answer any questions you may have. We also understand what a difficult time this is for you and your family, and why you may be feeling overwhelmed and anxious about your future. We believe we can offer significant peace of mind for you and your loved ones following a bus accident in El Paso, Las Cruces, or the surrounding areas. Contact the Harmonson Law Firm today for the legal assistance you can count on. Please note that nothing herein is meant as legal advice specifically related to your case.
