If you have suffered injuries due to a bus driver slamming on the brakes, who is to blame?
Being involved in a bus accident is a terrifying experience. You are not the driver. You have no control over whether you swerve off the road or off the bridge. You are at the mercy of the road, the elements, the driver, and the opposite vehicle or barrier that caused the crash. However you look at it, you have no control in a situation which may cause your death.
So if you are not the one who is liable, then who is? Is it the bus driver? It is a commercial vehicle. They have a duty of care to you. Is it the person or object that caused the crash which is liable? If so, how do you determine who or what was to blame? We will discuss some bus accident statistics below and then summarize how you can find out who is liable if you have been in a bus crash.
How Common are Bus Accidents?
Bus accident numbers vary by state. However, the FMCSA say intercity buses account for about 13% of all crashes. Throughout the USA, more than 20,000 people suffer injuries in bus crashes every year. About 35% of all bus accidents are fatal. You can visit this page for more statistics.
With bus accidents so common, who do you turn to when you want to claim compensation? Injuries are costly and you should not have to fork out if you were not driving or in control of the situation.
Who is Liable in a Bus Accident?
Liability in a bus crash depends on the situation. Some buses are school buses, which represent a startling 109 deaths a year. In a school bus crash, the driver or the person who hit the bus is at fault.
If you are on a bus and another passenger distracts the driver, then the other passenger may be to blame.
If the bus you are travelling on is involved in a collision with another vehicle, the other vehicle may be at fault, but so could your driver.
If you are travelling on a commercial vehicle, you should in the insurance policies they have for public liability. Unless you are the passenger distracting the driver, you are not at fault. The matter remains, however, of proving causation.
What’s Comparative Fault for Bus Accidents in the US?
In some states, judges may use comparative fault to determine the blame. This means that the judge divides fault for the accident into percentages. A driver might be 20% at fault because he did not notice a snow-covered sign. The driver of the opposing vehicle could be 80% at fault for running a red light. Judges will apportion blame based only on evidence that lawyers for all parties involved provide.
How do you Prove Liability?
You should leave this to the legal teams of everyone involved. It is wise to hire a legal representative of your own to ensure your case is not overlooked. Your lawyers will gather evidence that proves who is at fault. After the judge makes the decision, they can go about claiming the compensation that you deserve.
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