From Collision to Recovery: A Bus Accident Victim's Next Steps

Traffic Accident Lawyers • November 15, 2024

According to the Federal Motor Carrier Safety Administration, more than 8,000 people in the United States were injured in bus accidents in 2022. Out of those cases, 144 proved fatal for the victims. Though the mortality rate is a little below 2%, those who experience bus accidents typically suffer more serious injuries than the usual fender bender.



This isn’t surprising in light of the fact that each bus can carry at least 56 passengers and weigh as much as 36,000 pounds at full capacity. The sad reality is that any collision between a bus and another vehicle or pedestrian is often particularly dangerous. If you are a victim of a bus accident, you may be eligible for a wrongful death or personal injury claim. 


Learn more about bus accidents and your legal options in this article by Bahe Cook Cantley & Nefzger PLC.

Causes of Bus Accidents: Determining Liability

There are many causes of bus accidents. Establishing the cause that led to your injuries is essential for successfully filing a case and claiming damages. 


Here are 5 of the most common ones you should know about: 


1. Bus Company Negligence


Since the transportation industry is heavily regulated, bus companies have a duty to carry out routine maintenance of their brakes, lights, steering mechanisms, suspension, tires, safety equipment like seat belts, etc., to ensure they can be safely deployed.


Unfortunately, some bus companies are negligent with regard to maintenance. In addition, they may fail to provide adequate training to their personnel, hire inexperienced bus drivers who don’t have the proper qualifications and have tired drivers who have overextended shifts

These can all lead to catastrophic accidents on the road. 


In cases where inadequate expertise or mechanical failure is the cause of the bus accident, you can hold the bus company liable for any damages and injuries sustained. 


2. Bus Driver Negligence


A driver must pay full attention to the road at all times. Speeding, texting while driving, talking to passengers, driving abnormally slow, reckless swerving, driving without lights at night, inadequate knowledge of safety regulations, failing to honor the right of way, changing the playlist, or making improper lane changes can lead to dangerous situations on the road. Driving under the influence is also illegal. 


Another factor to consider is driver fatigue, often brought on by irregular or disruptive work schedules and obstructive sleep apnea. This can increase the risk of motor vehicle accidents by 2.5 times, affecting the driver’s performance.


If the bus driver puts you at risk due to carelessness, you can hold them accountable. 


3. Bad Weather 


Bus drivers are expected to exercise precautions during adverse weather conditions, but they don’t always follow the rules mandated by law. When they fail to take appropriate measures and drive the bus in hazardous weather like snow, fog, and heavy rain, they can put all road users at risk. This is because the size and weight of the vehicle paired with slippery roads can make it difficult for them to quickly maneuver and maintain control of their vehicles. It could also reduce their visibility, making it much more difficult to avoid accidents. 


If unfavorable weather conditions lead to an accident, you can file an insurance claim against the bus driver for negligence and get compensation for your injuries.


4. Poor Road Conditions 


Buses have a higher center of gravity so they are often more susceptible to accidents. If the road isn’t maintained, has potholes, cracked or uneven pavement, inadequate street lighting, faulty traffic lights, and other road defects, they can significantly impact vehicle maneuverability. This can make a bus crash much more severe.


If dangerous roads result in an accident, you can file a claim against the government entity (municipality) or contractor responsible for ensuring safe road conditions.


5. Other Drivers


Sometimes, bus crashes can happen even if the bus is well-maintained and the bus driver follows road and safety regulations. Accidents can still occur due to other motorists.


In an ideal world, everyone who uses the road follows federal and state traffic regulations. But in the real world, some don’t, leading to collisions. In such scenarios, you can hold the driver behind the wheel liable for any accident-related injuries sustained due to their negligence or reckless actions.

What About Accidents Involving Municipal Buses?

Your case gets a little bit more complicated in this scenario.


If you’re injured while riding in a city bus, the public transportation agency will not be considered at fault in most places. You can sue the bus company for liability if their driver’s gross negligence led to the crash within a stipulated time frame.



However, Kentucky follows a system of comparative negligence. So, even if the driver was 99% at fault, they can file a claim for damages for the remaining 1%.

Do I Need a Bus Accident Lawyer for My Case?

Have you been injured in a bus accident? 


Insurance providers of bus companies will oppose your claim to the best of their abilities which may cause you to miss out on rightful compensation from liable parties. 


This is why you need to discuss your claim with an attorney. Bus accident claims can be tricky, so having experienced legal counsel in your corner can help immensely.


Here are what legal professionals can do for you:


  • Conduct a thorough investigation to identify the parties responsible. 
  • Obtain and preserve evidence before it gets destroyed. 
  • Do a valuation of damages you incurred to your person and/or property.
  • Handle all communication with insurance carriers.


Meanwhile, you should continue treatment prescribed by your medical provider even after you file a claim. You should also keep records of surgery or treatment, physical therapy sessions, and lost wages. This will allow you to focus on recovering from the injuries, both seen and unseen, while enabling your lawyer to recover maximum compensation on your behalf.

What Should I Do if Someone From the Bus Company Calls Me Before I Speak With a Lawyer?

Don’t make any statements regarding your injury to the bus company or their insurance carrier. Even if injuries aren’t evident right away, you may still be susceptible to soft tissue damage, internal bleeding, herniated discs, or whiplash. 



So, if you accept a settlement (which is typically lower than what you can get with an experienced bus crash attorney), you won’t be able to go to court and ask for additional compensation for any suffering you may have later.

Call Bahe Cook Cantley & Nefzger To Receive Proper Compensation

Nathan D. Williams, Attorney at Law, and the team at Bahe Cook Cantley & Nefzger PLC have the talent for litigation and the experience required to win claims. So, if you or your loved one has been injured in a bus accident, our legal expertise can help you recover maximum damages. 


Contact us to book a free consultation today. Let’s get you the justice you deserve. 

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