People all across the U.S. ride buses every day as their primary form of
transportation. As cities across the nation grow, congestion rises on our
highways and roadways. As a result, more and more individuals choose to use
public transportation each year. With more of the public using buses, the number
of injuries and even death increases.
Each year, hundreds are killed in bus and motor coach accidents across the
country. According to the National Highway Transportation Safety Administration,
19,000 people were injured in bus accidents in 2002. The principal causes of bus
accidents are driver negligence, defective equipment, dangerous roadways, poor
weather conditions and improper maintenance.
In addition to city buses, there are school buses, and each school day more
than 25 million children ride the recognizable yellow school bus back and forth
to school and school related activities. Additionally, millions take these
vehicles to camp, religious, athletic and youth events. There are an approximate
450,000 school buses in service to date. School buses travel 2 million miles
every school day. About 16,000 school bus collisions occur annually, resulting
in 12,000 injuries and 130 deaths.
School bus injuries result from several different causes. Most full-size
school buses are not equipped with seat belts, thereby exposing children to a
greater risk of harm. School bus injuries do not occur only on the bus itself.
Eighty percent of the children killed in school bus accidents were either
boarding or leaving the bus at the time of the accident. Additionally, with the
severe budgetary pressures facing many school districts, bus maintenance
schedules get stretched, vehicles are kept in service for longer periods of
time, and many districts seek to save costs by using lower paid and less
experienced bus drivers. These factors can also lead to school bus injuries.
The injuries that can result from bus-related accidents include brain and
spinal cord injuries; sprains; fractures; abrasions; internal and soft tissue
injuries; burn injuries; and just about every other injury associated with the
operation of other motorized vehicles, including death.
When it comes to the legal responsibility owed by bus drivers and bus
companies to their passengers and others, a bus is considered a "common
carrier." A common carrier is an individual, company or a public utility (like
city buses), which is in the regular business of transporting people and/or
freight. This designation as a "common carrier" is important because under
state laws, "common carriers" owe their passengers a greater duty of safety
and protection than an ordinary car. Common carriers have a higher level of
responsibility to drive with the utmost care and protect the passengers and
other vehicles sharing the road. In some cases, this means that establishing
liability against a "common carrier" may be easier than proving a case
against a private carrier.
However, despite this higher level of responsibility, bus drivers do not
always drive safely, and in some cases are not trained properly. As a result, in
some cases innocent people are injured. Given the size and weight of most buses,
a bus accident can cause severe injury to anyone involved.
In most states, many buses are owned or operated by local governments, such
as city, county or regional transportation departments. Because of this, the bus
company may be a governmental entity and the bus driver may be a government
employee. Bus companies and local governments vigorously defend bus accidents.
Therefore, it is important to immediately investigate a bus accident while the
physical evidence is still fresh on the scene. It is also important to
immediately inspect the bus driver's training history and driving record.
Dealing with a bus company, the local government, or the insurance company after
a collision with a bus is very different than dealing with an insurance company
that insures a private passenger car. It is very important that you have someone
to act quickly on your behalf to file the required notices and preserve your
claim against the bus company or governmental entity.
An accident attorney can assist passengers, pedestrians, drivers and
passengers in other vehicles, or anyone injured as a result of a bus accident.
Experienced attorneys are primarily concerned with recovering the financial
losses their clients suffer as a result of a bus accident. The cost of emergency
room treatment, coupled with physical therapy, surgery, and lost wages, are
often more than what bus companies and insurance companies are willing to settle
for.