Bus Accident Injury and my Rights

Sadly, bus accidents happen relatively often, and people commonly suffer severe injuries in them. Because a vehicle of such great size and weight is difficult to maneuver, and sometimes because the bus driver lacks experience, bus accidents are not all that uncommon. That fact that buses do not have seat belts is another reason why passengers may be injured.

A "common carrier" is the legal term applied to public entities running bus lines and to bus companies. Along with the responsibility of providing public transportation comes the pledge to provide it safely and with vigilance. Such carriers are liable for any negligence, even the most trivial, and are required to take every conceivable precaution to ensure their passengers' safety under all circumstances.

In addition, if a carrier accepts, without duress, an ill or disabled person or passenger with either mental or physical limitations, it is their responsibility to ensure that that person is safe and secure at all times. The federal law known as the Americans with Disabilities Act, adopted in 1990, provides people with disabilities full and equal access to public transport. When these rules are violated, resulting in an accident, injured passengers are entitled to compensation for their injuries as well as damages.

A bus driver must respond to all emergencies safely and appropriately, regardless of whether or not the situation is the driver's fault. If he or she does not respond properly, liability could occur. For instance, if a bus moving at freeway speeds strikes an object in the roadway resulting in a blown tire, failing to maneuver the bus to a safe stop is negligence on the part of the driver. When this happens, the driver must apply the brakes and move the bus to the shoulder of the road where it will be safe. If the driver accelerates instead of braking and accidentally collides with a wall or other stationary object, any injuries sustained by the passengers will be the bus company's responsibility.

Both passengers on the bus and those boarding must be accorded the same sense of duty and responsibility. As an example, a woman nearing 50 years of age, residing in the Los Angeles metropolitan area, rode the Metro Line bus system for her daily commute to and from work. Following work, she proceeded to walk to the bus stop, which was only a short distance from her workplace. When she tried to get on the bus, the driver unexpectedly closed the door. She was thrown to the ground beneath the bus. The unfortunate passenger was then crushed beneath the rear wheels of the bus.

All bus accident incidents are unique, and the possible causes of harm are nearly limitless. With the help of an experienced trial attorney, you can navigate the facts of the law to get the best result possible.