While it’s rare for a bus driver to assault a passenger, it’s not like it has never happened. Whether the bus driver attempts to remove physically a passenger or merely engages in a physical confrontation, mass transit accidents do occur.
Because bus drivers have a high duty of care to protect passengers, a bus driver or/and a bus company may be held liable when a bus driver assaults a passenger. If a bus driver assaulted a passenger, here’s what s/he needs to know about liability.
When the Bus Company is Liable
A bus company is typically responsible for its employees’ action when the action occurs in the course of employment. When the action that causes a passenger harm falls outside of the employee’s duties, though, the employer may not be held liable.
Because assault is not directly related to driving a bus, then, the company may not face liability charges. However, if the bus company knew or should have known that the bus driver was likely to assault a passenger—for example, if the bus driver had a criminal record that the bus company knew of upon hire—then the bus company may be held liable as a result.
When the Bus Driver is Liable
If the bus driver assaulted you and caused you harm, then the bus driver may be held responsible for paying damages. If you did not initiate the attack nor participate in it (i.e., hit the driver back), then the driver may be entirely responsible for paying for the full extent of your injuries.
Keep in mind that if you initiated the assault, though, or caused harm to the bus driver, your claim amount may be reduced by your percentage of fault. What’s more, you may also face criminal assault charges.
What damages am I entitled?
If you do file a claim, you should understand the types of damages that you may be able to recover.
- Medical expenses for common injuries in bus accidents
- Pain and suffering
- Lost wages
Learn More About Filing a Claim Today
To learn more about filing a claim against a bus driver or bus company today, who is considered liable, and the damages you may receive, call an attorney. At Cordisco & Saile LLC, we want to sit down with you to discuss your claim as soon as possible. Contact our law offices now at 215-642-2335.