Bus Accident Claims

Bus Accident Claims

Bus accidents - whether you're a passenger, another driver, or a pedestrian - involve unique legal issues. The type of bus (public transit, school, charter) affects who's liable and how to pursue your claim.

Types of Buses and Liability

Public Transit Buses

Operated by government agencies:

• City transit authorities
• County transportation
• Regional transit districts

Liability issues:

• Sovereign immunity applies
• Special claim procedures required
• Damage caps may exist
• Shorter filing deadlines

School Buses

Operated by:

• School districts (government)
• Private contractors
• Both involved sometimes

Liability issues:

• Government immunity for districts
• Contractor may be liable
• Both may share liability

Charter and Tour Buses

Private companies:

• Tour operators
• Charter bus companies
• Intercity carriers (Greyhound)

Liability issues:

• Standard negligence rules
• Commercial insurance
• Federal regulations may apply

Private Shuttle Services

Hotels, airports, casinos:

• Private company liability
• Regular commercial claims
• Standard procedures apply

If You're a Bus Passenger

Your Rights

As a passenger:

• You're owed "highest duty of care"
• Bus company must ensure safety
• Strong position for injury claims

Common Carrier Doctrine

Buses are "common carriers":

• Higher standard of care
• Must do everything reasonable for safety
• Easier to prove negligence

Who's Liable for Your Injuries

If You're Hit by a Bus

Determining What Kind of Bus

First question: Who operates it?

• Government transit = special rules
• Private company = standard claim
• School district = government rules

Government Bus Claims

Notice of Claim Required:

• Must file administrative claim first
• Strict deadlines (often 6 months)
• Specific form requirements
• Different in each jurisdiction

Sovereign Immunity:

• Limits when you can sue government
• Most states waive for motor vehicles
• But procedural requirements remain

Private Bus Claims

Standard process:

• File with bus company's insurer
• Regular negligence principles
• Longer statute of limitations
• Standard claim procedures

School Bus Accidents

Children as Passengers

Special considerations:

• Higher duty of care for children
• Supervision responsibilities
• Boarding and exiting safety

Common Scenarios

Passing School Bus Violations

If car hits child:

• Driver who passed bus is liable
• Criminal charges likely
• Significant civil liability

School District Claims

Since most are government:

• Notice requirements apply
• Short deadlines (often 90 days to 6 months)
• Damage caps may exist
• Special procedures

Filing Government Bus Claims

Step 1: Identify the Agency

Determine who operates the bus:

• City transit authority
• County transportation
• School district
• State agency

Step 2: Obtain Claim Form

Get correct form from:

• Agency's website
• Risk management office
• City/county clerk
• Attorney assistance

Step 3: Complete Notice of Claim

Include:

• Date, time, location of accident
• Description of what happened
• Your injuries
• Your damages
• Your contact information

Step 4: File Before Deadline

Deadlines vary:

• Some states: 90 days
• Others: 6 months
• Some: 1 year
• Missing deadline = claim barred

Step 5: Agency Investigates

After filing:

• Agency investigates
• They may accept or deny
• You may need to sue after denial
• Different court for government claims

Common Bus Accident Injuries

Why Bus Accidents Cause Injuries

• Passengers often standing
• No seatbelts on most buses
• Sudden stops and starts
• Falls on bus
• Impacts from collisions

Typical Injuries

Delayed Symptoms

Don't dismiss symptoms:

• Head injuries may not show immediately
• Soft tissue injuries appear later
• Always get checked after bus accident

Insurance and Damages

Government Bus Coverage

Transit agencies typically have:

• Large self-insurance pools
• Significant coverage limits
• But damage caps may apply

Damage Caps

Some states limit government liability:

• $100,000 - $500,000 per person
• $500,000 - $1 million per accident
• May be able to exceed in some cases

Private Bus Insurance

Federal requirements for charter buses:

• Minimum $5 million coverage
• Often higher limits available
• No damage caps

Building Your Case

Evidence Collection

Essential evidence:

• Incident report from bus company
• Witness statements (passengers)
• Photos of bus interior/your injuries
• Surveillance footage (buses often have cameras)
• Medical records

Bus Surveillance Footage

Most buses have cameras:

• Request footage immediately
• It may be overwritten quickly
• Shows exactly what happened
• Powerful evidence

Witness Information

Bus passengers are witnesses:

• Get contact information
• They saw what happened
• May be willing to help

Settlement Considerations

Government Claims

Settling with government:

• May require court approval
• Process can take longer
• Bureaucracy involved
• But usually settled eventually

Private Bus Claims

More straightforward:

• Negotiate with insurance
• Standard settlement process
• May need litigation for serious claims

Comparative Fault

Your role matters:

• Were you holding on?
• Were you seated?
• Did you follow safety rules?
• Any fault reduces recovery

Key Takeaways

• Bus type determines liability rules: government, private, or school
• Government bus claims have short, strict deadlines (often 90 days to 6 months)
• You must file a "Notice of Claim" before suing a government entity
• Buses are common carriers owing passengers the highest duty of care
• School bus accidents involving districts follow government claim rules
• Private charter buses have standard commercial insurance
• Bus cameras are valuable evidence - request footage immediately
• Damage caps may limit recovery against government entities
• Consult an attorney immediately for any bus accident claim
• Missing government deadlines can completely bar your claim