Atlanta Bus Accident Lawyer

Bus Accident Liability, Negligence & Duty of Care

More than one party may be responsible for a bus accident. The governmental or private entity that runs the bus line may be negligent if they fail to hire responsible and qualified drivers. The driver may be at fault if they disobey the traffic laws or operate the vehicle irresponsibly. The driver’s employer will also be accountable for the driver’s negligence.

Maintenance workers could be liable if the bus was negligently maintained or inspected. Other parties involved in the vehicle’s operation and passengers may also be liable for damages. Manufacturers of the buses and bus parts may be liable if one of its components, its design, or its assembly is defective and the cause of the bus accident.

Bus operators and owners must adhere to special regulations and are responsible for the safety of their passengers and others on the road. A qualified attorney could help determine whether these regulations were followed and who is liable for the accident if they weren’t.

Bus Drivers: Standard Duty of Care

Atlanta bus drivers must follow the same rules of the road that apply to everyone else. Most drivers on the roadways have to exercise what is called “ordinary care” or “ordinary diligence.” However, bus drivers have additional rules that apply specifically to them.

Buses are considered common carriers. This means they owe their passengers a heightened duty of care under Georgia law. Georgia courts have frequently said that this heightened duty of care requires “extraordinary diligence.” This does not mean that bus drivers are always liable to their passengers following a bus accident. Still, it does make it easier to hold them responsible for passenger injuries.

Bus drivers must also comply with certain state and federal regulations. For example, the Federal Motor Carrier Safety regulations may apply to the bus service. This would create standards for the maintenance and inspection of the bus, hours of service requirements for the driver, and more.

An experienced Atlanta personal injury attorney can conduct the necessary legal research to find all the local, state, and federal regulations that apply to the bus company and its drivers.

Proving Negligence Caused Your Bus Accident

Negligence is a legal concept that refers to the failure to exercise reasonable care, resulting in harm or injury to another person. In the context of a bus accident case, negligence may be established if the bus driver, bus company, or another party fails to take reasonable steps to prevent the accident.

Negligence may include acts of commission (doing something that a reasonable person would not do) or acts of omission (failing to do something that a reasonable person would do).

To establish negligence after a bus accident, several elements must be proven. These elements include duty, breach of duty, causation, and damages.

Elements of Negligence

First, it must be shown that the defendant had a duty of care to the plaintiff (in this case, the passengers on the bus or other drivers on the road). Second, it must be shown that the defendant breached that duty by acting in a way that a reasonable person would not have acted. Third, it must be shown that the breach of duty caused the accident. Finally, it must be shown that the plaintiff suffered damages from the accident, such as physical injuries, property damage, or other losses.

Establishing negligence in a bus accident case can be a complex process. It requires a thorough investigation of the accident’s circumstances. It may involve collecting evidence, interviewing witnesses, analyzing police reports and medical records, and consulting with experts in accident reconstruction or bus safety. A skilled attorney can help bus crash injury victims navigate the legal process and work to establish negligence.

Investigating Bus Accidents

Like any motor vehicle accident, an important part of handling any bus accident claim is investigating the cause of the accident. An adequate investigation will help determine who was at fault. In Atlanta, a police officer investigating a bus accident will generally try to determine who was at fault and issue a citation to the negligent driver. Although a citation is generally not admissible in Georgia, a guilty plea to a citation is admissible.

If you hire a lawyer to handle your bus accident claim, you should expect the lawyer to investigate the accident thoroughly. This includes interviewing witnesses on the bus or outside. Some bus accident investigations may require an inspection of the accident site. In bus accident cases involving serious injuries or wrongful death where liability is in dispute, the services of an accident reconstructionist can help determine fault.

Bus Accident Evidence

In a bus accident case, various types of evidence can be used to establish fault, negligence, or liability. Here are some examples of evidence that can be used to support your personal injury claim:

• Police Reports: These reports can include details such as the location of the accident, the cause of the accident, and any traffic violations or citations issued.
• Eyewitness Testimony: Eyewitnesses who saw the accident may be able to provide testimony about what they saw and heard. Their statements can be used to support the injured party’s version of events and establish fault.
• Video Footage: Surveillance cameras near the accident scene may have captured footage of the accident. This footage can depict the accident and determine who was at fault.
• Bus Maintenance Records: Maintenance records for the bus involved in the accident can reveal whether the bus was properly maintained and inspected. If the accident was caused by a mechanical failure or another issue that could have been prevented with proper maintenance, this evidence could be used to establish fault.
• Medical Records: Medical records documenting the injuries sustained by the injured party can be used to establish the extent of their injuries and the associated medical expenses.
• Expert Testimony: Experts such as accident reconstruction specialists, bus safety experts, or medical professionals may be called upon. They can provide expert testimony regarding the cause of the accident and who was at fault.

Don’t Settle for Less Than You Deserve.

Compensation for an Atlanta Bus Accident

After an Atlanta bus accident, you may need to file an insurance claim and potentially a lawsuit to recover the full compensation you need.

Remember that the insurance company representing the school district, city, or bus company will not focus on your long–term interests. These companies are interested in settling your case for as little as possible. The compensation they ultimately award will vary based on the severity of your injuries, the impact on your life, and the policy limits. But depending on the details of your case, you should pursue the maximum amount possible for all your damages, which can include your:

• Medical expenses (Current bills and costs of future medical treatment)
• Lost income (Missed wages and being unable to work)
• Property damage (Damage to your vehicle or other personal items)
• Pain and suffering (The physical and emotional stress you endured)
• Funeral expenses (If your loved one was killed in a fatal crash)

Working with an experienced lawyer can help you understand exactly what compensation you deserve.

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Insurance After a Bus Accident

A common question people have after a bus accident is what insurance is available to cover their damages. The answer to this question depends on several factors, including who was at fault and whether you were a passenger on the bus.

Whoever is responsible for causing the accident should have liability insurance that can be used to pay your damages. For example, if the bus driver were at fault, the bus’s liability insurance would cover the driver’s negligence. If another vehicle’s driver was responsible for causing the accident, then that driver’s liability insurance should apply.

But what if the at-fault driver’s liability insurance cannot pay all your damages? This is where uninsured motorist coverage comes into play. Your uninsured motorist coverage, or the uninsured motorist coverage for the vehicle you were in, may be available to pay for your damages if the negligent driver has no insurance or insufficient insurance.

It is important to remember that your uninsured motorist insurance and the uninsured motorist coverage for any resident relatives are available to you. This is true even if you were a passenger in another vehicle at the time of the accident. So, if you were a passenger on a bus and sustained an injury, you must notify your car insurance company and the car insurance provider of any relatives you live with.