Entering and exiting a bus is usually a hazard-free experience. In some cases though, errors and negligence can lead to an accident. If you were hit by car getting off bus in Pennsylvania or New Jersey, here’s what you need to know about parties that may potentially be held liable in a mass transit accident.
When the Bus Company is Liable
If the bus company did something negligent, then they may be held accountable for the accident. Example of negligence may include one of these situations.
- Dropping you off at a location that is considered to be unsafe
- Failing to display to drivers that the bus was stopping (putting out stop sign, using flashing lights, etc.)
Liability can also depend on any laws regarding what a driver must do when dropping off passengers. For example, the Pennsylvania Commercial Driver’s License Manual states that drivers should caution riders to watch their step when exiting the bus.
Commercial drivers should start and stop the bus as smoothly as possible. If the bus steps are in disrepair, or the bus driver takes off too quickly, a rider may fall. If the fall contributed to the accident, then the bus company may be held liable.
When the Driver Who Struck You is Liable
Often, though, the bus company is not responsible, and the driver who struck you is. If the driver participated in one of these activities, you will file a claim against that driver.
- Did not yield
- Driving while under the influence of drugs or alcohol
- Struck you while waiting for the bus
- Otherwise operating the vehicle negligently
When You May Be Partially at Fault
If you were acting negligently, then you may be possibly at fault for the accident.
- Public intoxication that impaired your ability to exit the bus and walk safely
- Crossing the road at an unsafe and unmarked location (i.e. outside of a crosswalk)
With whom should I file a claim?
If you believe that the bus company should be held liable for your injuries, you should file a claim with their insurance company. If you’re unsure, the best thing that you can do is to hire an attorney to guide you through the claims process.
At Cordisco & Saile LLC, we know the ins and outs of liability law, and can help you determine who is at fault and the damages amount to which you’re entitled. For a free case review, call us at 215-642-2335 today.