Bus Accident Attorneys

Most states classify buses as “common carriers” and imposes a special heightened duty of care on public and commercial entities that own and operate bus lines. A common carrier is anyone that offers transportation services to the public at-large for an established rate. Common carriers owe the public the highest duty of care and must exercise extreme caution in protecting patrons. An entity that operates a common carrier service may be liable for even a slight degree of fault because of its increased duty of care. The justification for imposing this higher duty of care is based on the fact that passengers who use busing services have no choice but to entrust their safety to the entity that has exclusive control over bus maintenance and driver training and supervision.

A common carrier is expected to exercise vigilance in the operation, inspection and maintenance of its buses as part of its high duty of care as a common carrier. An entity that owns and operates buses has an obligation to carefully train and supervise its bus drivers and to maintain its buses in safe operating condition. Bus drivers must be provided with adequate training and are required to comply with appropriate traffic and safety laws and regulations, including special regulations that apply to common carriers. A common carrier cannot transfer, delegate or assign its special duty of care to any other entity. Even minimal fault on the part of a bus driver or busing company may be a basis for liability if a passenger is harmed, even if the injury was caused in part by another party.

There are a broad range of potential parties who may be responsible for injuries caused in a busing accident. Sometimes multiple parties may all share liability for the injuries of a busing accident victim, so it is important to identify all potential responsible parties. Montlick will identify all parties who may be liable for your injuries, which may include but not be limited to the following:

• Private Bus Company: A private company that operates a charter bus, tour bus or long distance bus service may be liable for a collision caused by poorly trained or supervised drivers or inadequate maintenance of a bus.
• Public Entities: Many busing entities are operated by public entities like MARTA or a school district. Depending on the specifics of the case, a bus accident victim may be able to pursue a claim against a public entity for injuries caused by negligent operation or maintenance of a bus provided the injury victim complies with the appropriate procedures.
• Bus Maintenance Contractor: If a bus company has a maintenance contract with an independent maintenance company, the maintenance company may be responsible for damages caused by their failure to properly repair or maintain a bus.
• Bus Driver: If a bus driver operates a bus under the influence of alcohol, violates traffic laws or engages in other unsafe driving practices, the bus driver may be liable for injuries caused by the driver’s unsafe driving practices. However, the driver’s employer will typically have more resources from which to pay for a bus accident victim’s injuries and other damages.
• Other Drivers: A busing accident often is caused by the driver of another vehicle. If another driver causes the accident, including driving under the influence of alcohol, driving while distracted or otherwise engaging in negligent driver practices, the other driver may be liable for your injuries.