Buses are essential to transport groups of people efficiently, but they are not without hazards. They are heavy and unwieldy and can cause serious injuries when they strike a person or another vehicle.
When you are hurt in a bus accident, discuss your situation with a Tempe bus accident lawyer as soon after the incident as possible. A local personal injury attorney with deep ties in the community could guide you through navigating the complex laws and procedures that govern accidents involving common carriers and help you pursue the compensation you deserve.
Common Causes of Bus Accidents
Buses are heavy, cumbersome vehicles with large blind spots. They are slow to accelerate and stop, prone to roll-overs, and could hydroplane in bad weather. Their size means any accident on the roads could endanger vehicles in adjacent lanes. Additionally, buses often do not have seat belts, and passengers are at risk if the bus stops or starts suddenly or if it crashes.
Bus drivers must be well-trained and alert. Driver error, such as speeding, taking a curve too fast, or braking too hard, is a frequent cause of accidents, as is driver fatigue, distracted driving, and bus drivers taking the wheel while impaired by drugs or alcohol.
Pedestrians, occupants of other vehicles, and bus passengers could suffer injuries in a bus accident ranging from mild soft tissue damage to catastrophic forms of harm like traumatic brain injuries. In either scenario, when driver or bus company negligence is a contributing factor, a Tempe accident attorney could examine the details of the accident to determine its cause and who to seek damages against.
Proving Negligence Contributed to a Bus Accident
Buses are common carriers, meaning they transport goods or people for a fee. Buses and their drivers must comply with state and federal regulations and meet a higher standard than ordinary motorists.
The usual standard for determining whether someone is negligent is whether they used reasonable care to avoid a preventable injury. In contrast, common carriers must use the utmost care to ensure their passengers and others using the road are safe. The responsibility to use the utmost care includes:
- Carrying substantial insurance in case of accident
- Adhering to a strict vehicle maintenance schedule
- Limiting driver work hours to comply with federal regulations
- Inspecting vehicles for safety hazards before they leave the garage each day
- Ensuring drivers have proper training and hold a Commercial Driving License (CDL)
When a claimant proves the bus line operator or the driver deviated from best practices, the bus company or operator is negligent and liable for the claimant’s damages.
A Tempe attorney representing someone injured in a bus accident could search for indicators of negligence. This might include subpoenaing the driver’s personnel file, vehicle maintenance records, incident reports, the bus’s schedule, weather reports, video footage, and witness statements. Additionally, buses usually have data recorders that could offer information useful in determining the cause of an accident.
Rules if the Government Is a Defendant
Special rules apply when an injured person brings a claim against the state, a local government, or a public agency. A law called the Tort Claims Act governs these situations, and working with a Tempe bus crash attorney familiar with the procedural requirements of actions against government defendants is critical.
An injured person might have a claim against a government defendant when their accident involves a city bus, school bus, prisoner transport bus, or another bus owned or operated by the state or a local government. In such cases, Arizona Revised Statutes § 12-821.01 requires an injured person to file a notice of claim with the appropriate agency within six months of the accident.
The agency has 60 days to respond to the claim notice. Negotiations usually take place during this time, but if the agency does not respond or issues a denial, the injured person can file a lawsuit. However, if the injured person does not file a notice of claim within the required time, the government can move to dismiss the lawsuit, and the injured person will have no remedy.
Claim Damages After a Bus Accident With a Tempe Attorney
Bus accidents can cause severe injuries, but pursuing a claim can be more complicated than other vehicle accidents. You need experienced legal representation.
A Tempe bus accident lawyer from the Phillips Law Group has represented local people against bus companies and others for decades. Unlike many other personal injury firms whose main focus is on settling quickly with insurance companies, our team does whatever it takes to maximize your compensation and is not afraid to take your case to court. Call now to discuss your legal options with a knowledgeable attorney.
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