As per the Federal Motor Carrier Safety Administration (FMCSA), a majority of bus operators operate by the book – however, a few do not comply with safety standards. When bus accidents happen, the impact is often harsh because buses have a longer stopping distance than cars and are more likely to fall or roll over after a collision. A bus accident is serious enough to put its passengers and other vehicles on the road at grave risk.
Code Section 41-6a-102 of Utah’s laws lays down the rules that cover such accidents. To help people involved in a bus collision, as well as to make bus travelers more informed, our Utah-based team of bus accident lawyers created the following primer.
Causes of Bus Accidents
Most bus accidents that land up in court or on a pre-trial negotiating table are caused by the bus driver getting distracted because of his activities (texting, attending to a call, etc.), by one or more passengers distracting him, due to reckless driving, or failure of some part of the vehicle.
Going Up Against Large Insurance Companies or the Government
A sedan weighs about 1.3 tons, while a bus is about 15–20 times heavier. A bus has many moving parts and no seat belts, and therefore a collision can be a crushing and devastating experience.
Unlike in a car accident, a bus is owned by either the government or a private company. Private bus owners are heavily insured and so the plaintiff’s lawyer has to fight against their attorneys who either try to prove that the defendant was not at fault or offer a ridiculously low settlement sum.
If the bus was a public transit carrier, then the plaintiff has to sue the government/municipal authority for compensation. Filing such claims is a long and complex process, and often, public transit accidents are held to different standards than accidents involving private companies. Even the Utah SoL (Statute of Limitation) is shorter in cases involving public transit carriers.
Bus Accident-Related Personal Injuries
The enormous size of a bus, the large number of moving parts, and the danger of it rolling over after a collision, and other factors, can leave passengers with injuries like:
- Spinal cord damage
- Fractures
- Sprains
- TBI (Traumatic Brain Injury)
- Skin and muscle tears
- Wrongful Death
How is Driver Fault Determined?
In Utah, the plaintiff has to prove that the defendant was guilty of negligence, and therefore, bus accident lawyers determine fault based on the negligence quotient.
Negligence can be determined by proving any of the following:
- That the driver failed in his duty to drive safely, disobeyed traffic laws, and overlooked the safety of other road users.
- The private bus company or the government did not maintain the vehicle as per the specified standards and/or allowed an unsafe bus to ply on the roads.
- That any of the above conditions caused harm or injury to the passengers or road users.
Comparative Negligence
The fault in any bus collision is difficult to determine, especially if the case is handled by an inexperienced bus accident lawyer.
In many bus accidents handled by us, our investigation team discovered that not only the bus driver but other road users were at fault. In some cases, the accident occurred because of poor road conditions, while in some the bus was equipped with faulty components. So, the work is cut out for the lawyer – he needs to ascertain the exact cause of the accident, which can be a mixture of the factors mentioned above.
In some cases, the damages are shared by multiple at-fault parties (comparative negligence). If the bus had a defect, the product liability law is invoked.
Only an experienced attorney can scythe through the clutter and build a strong case.
FREE INITIAL DISCUSSION
If you have sustained an injury in a bus collision, get in touch with our team of Utah-based bus accident lawyers for a free initial discussion.
Don’t worry about the complicated nature of bus accidents – we can cut through the confusion and help you get the compensation you rightly deserve. Also, know that most bus accident cases are settled before trial and we can help you get the compensation within a short period.
We are passionate to deliver justice and are compassionate towards our clients. Plus, we do all the work and ensure that the client gets plenty of time to heal from his injuries and is focused on his job.
Our meeting does not impose any obligation or pressure on you, and in fact, helps you become a more informed litigant.
Go ahead and get in touch with us – you have everything to gain and nothing to lose.
