To recover damages after a bus accident, you will need to prove that the bus driver or the carrier was somehow negligent, i.e., breached their legal duty of care.
A bus accident attorney can assist you with the following.
- Collecting evidence
- Proving fault
- Holding the company liable for the harm you’ve suffered
Understanding Duty of Care
Everyone in America has a legal obligation to act reasonably and responsibly so as not to cause harm to anyone, this is called a legal duty of care.
Some professions and industries are held to a higher duty of care than others.
- Transport carriers
Because they are in charge of so many passengers’ safety, bus drivers and carriers are held to a very high duty of care.
All carriers are closely regulated by state and federal laws.
- City transit buses
- Shuttle services
- Commuter buses
- School buses
- Charter tour buses
- Limo companies
- Long distance travel buses
Carriers are expected to abide by their legal responsibilities and provide safe travel to their patrons. Failure to do so can result in civil and criminal penalties, and make them legally liable for the damages they’ve caused.
Proving Negligence to Recover Damages
In order to recover your damages, you’ll need to file (and win) a personal injury or wrongful death claim or lawsuit against in the carrier. To prove your claim, you’ll need evidence that illustrates that either the driver or the company acted (or failed to act) in such a way that was negligent. In other words, you have to show that they somehow breached their duty of care.
For bus carriers, upholding a duty of care includes myriad safety considerations including the following.Providing adequate lighting on the bus
- Ensuring the exits are safe
- Obeying the rules of the road
- Doing background checks, obtaining driving histories, and properly training their drivers
- Only employing qualified engineers
- Performing regular maintenance on their vehicles
- Quickly repairing any mechanical issues
If a bus company fails to do any of the following, the courts will likely consider the carrier liable for victims’ damages.
Successfully Proving Your Bus Accident Claim
You’ll need adequate proof to substantiate your bus accident claim or lawsuit. Carriers are usually not willing to just hand over records and documents to you that might deem them liable. If you are going to file a bus accident injury suit, you’ll want to consult a bus accident attorney. A lawyer can take the legal steps necessary to preserve and obtain the important evidence you need to prove your case.