Every year, 19,000 people receive personal injuries because of a bus crash. According to the National Highway Transportation Safety Administration (NHTSA), of this number 9,000 involve school buses. While some of the accidents are the result of buses striking stationary objects, many come about through car to bus accidents. In the case of a bus and car accident, you need to consider several important legal issues.
What Makes A Bus – Car Accident Different?
A car is usually a non commercial vehicle. A bus is not. Generally, the law defines or describes a bus as a “common carrier.” This indicates its role and places it, its passengers and driver in a different category concerning safety expectations. Buses fall under the Federal Motor Carrier Service Regulations (FMCSR) established by the Federal Motor Carrier Safety Administration. These set the specific safety rules concerning training, hours of driving and related matters. As a result, the standards for driving a bus, school, public or commercial, are set higher than those for regular drivers are.
As a common carrier, a car-bus crash results in complications concerning the issue of liability. To put it simply - the individual at fault or liable for the accident may be any of the following:
- The driver of the car
- The driver of the bus –driver error, fatigue, inattention, DUI
- A passenger of the bus
- Faulty mechanics of the bus or car – equipment failures
- The bus company for not following the recommended FMCSR rules for hours of service
- The city
- The school board
In turn, many of these same individuals can sue the person liable for the accident. This leads to the entire question of compensation for personal injury and property damage. The number of insurance companies involved may equal the amount of people seeking compensation. This further complicates the process.
The Process Of Seeking Compensation
In order to file a successful claim, an individual has to establish fault or liability. A bus may carry a GPS device that can help in this situation. Nevertheless, it is up to the victims of the car bus accident to establish and prove irrefutably negligence occurred, before they can receive compensation. Victims must also demonstrate the accident was not the result of comparative fault – when both parties are both responsible in some measure for the accident.
Consulting A Lawyer
The process of proving your claim may not be an easy one. If you wish to avoid errors in filing a compensation claim or avoiding a lawsuit, it is best to talk to an experience lawyer.
