People
all across the U.S. ride buses
every day as their primary form
of transportation. As cities
across the nation grow,
congestion rises on our highways
and roadways. As a result, more
and more individuals choose to
use public transportation each
year. With more of the public
using buses, the number of
injuries and even death
increases.
Each year, hundreds are
killed in bus and motor coach
accidents across the country.
According to the National
Highway Transportation Safety
Administration, 19,000 people
were injured in bus accidents in
2002. The principal causes of
bus accidents are driver
negligence, defective equipment,
dangerous roadways, poor weather
conditions and improper
maintenance.
In addition to city buses,
there are school buses, and each
school day more than 25 million
children ride the recognizable
yellow school bus back and forth
to school and school related
activities. Additionally,
millions take these vehicles to
camp, religious, athletic and
youth events. There are an
approximate 450,000 school buses
in service to date. School buses
travel 2 million miles every
school day. About 16,000 school
bus collisions occur annually,
resulting in 12,000 injuries and
130 deaths.
School bus injuries result
from several different causes.
Most full-size school buses are
not equipped with seat belts,
thereby exposing children to a
greater risk of harm. School bus
injuries do not occur only on
the bus itself. Eighty percent
of the children killed in school
bus accidents were either
boarding or leaving the bus at
the time of the accident.
Additionally, with the severe
budgetary pressures facing many
school districts, bus
maintenance schedules get
stretched, vehicles are kept in
service for longer periods of
time, and many districts seek to
save costs by using lower paid
and less experienced bus
drivers. These factors can also
lead to school bus injuries.
The injuries that can result
from bus-related accidents
include brain and spinal cord
injuries; sprains; fractures;
abrasions; internal and soft
tissue injuries; burn injuries;
and just about every other
injury associated with the
operation of other motorized
vehicles, including death.
When it comes to the legal
responsibility owed by bus
drivers and bus companies to
their passengers and others, a
bus is considered a "common
carrier." A common carrier
is an individual, company or a
public utility (like city
buses), which is in the regular
business of transporting people
and/or freight. This designation
as a "common carrier"
is important because under state
laws, "common
carriers" owe their
passengers a greater duty of
safety and protection than an
ordinary car. Common carriers
have a higher level of
responsibility to drive with the
utmost care and protect the
passengers and other vehicles
sharing the road. In some cases,
this means that establishing
liability against a "common
carrier" may be easier than
proving a case against a private
carrier.
However, despite this higher
level of responsibility, bus
drivers do not always drive
safely, and in some cases are
not trained properly. As a
result, in some cases innocent
people are injured. Given the
size and weight of most buses, a
bus accident can cause severe
injury to anyone involved.
In most states, many buses
are owned or operated by local
governments, such as city,
county or regional
transportation departments.
Because of this, the bus company
may be a governmental entity and
the bus driver may be a
government employee. Bus
companies and local governments
vigorously defend bus accidents.
Therefore, it is important to
immediately investigate a bus
accident while the physical
evidence is still fresh on the
scene. It is also important to
immediately inspect the bus
driver's training history and
driving record. Dealing with a
bus company, the local
government, or the insurance
company after a collision with a
bus is very different than
dealing with an insurance
company that insures a private
passenger car. It is very
important that you have someone
to act quickly on your behalf to
file the required notices and
preserve your claim against the
bus company or governmental
entity.
An accident attorney can
assist passengers, pedestrians,
drivers and passengers in other
vehicles, or anyone injured as a
result of a bus accident.
Experienced attorneys are
primarily concerned with
recovering the financial losses
their clients suffer as a result
of a bus accident. The cost of
emergency room treatment,
coupled with physical therapy,
surgery, and lost wages, are
often more than what bus
companies and insurance
companies are willing to settle
for.