Filing a bus accident lawsuit can be a complex process, as there are a number of entities who may be liable for the crash.  If a third party driver struck the bus or caused the accident, your attorney may be able to help you recover compensation through a personal injury lawsuit against the negligent driver or their insurance company; however, if the bus driver caused the crash, the process may not be as straightforward.

If the bus is owned and operated by the government, your attorney will first attempt to negotiate a settlement with the government’s insurance company.  If your claim is denied, you may be required to file a claim against the government itself.  It is imperative to retain an attorney who has experience in these types of lawsuits to help ensure you receive full compensation for your losses.

There are strict rules and deadlines that must be followed to collect compensation, and without the assistance of an attorney, you may lose your chance to recover damages.

Zwillinger Wulkan attorneys have experience handling third party personal injury cases, negotiating with or litigating against insurance companies and filing claims against the government.  Additionally, we have access to experts, including medical experts, accident reconstructionists, and automotive safety experts at the top of their respective fields.

In establishing a claim, our attorneys may:

• Obtain and review all accident and police reports
• Obtain and review all video from bus and intersection cameras
• Obtain and review all video from driver and police body cameras
• Interview witnesses and other passengers
• Photograph the scene of the accident as well as injuries you sustained
• Analyze medical reports
• Re-create accident scenes and scenarios with experts
• Handle correspondence from the opposing party and their respective insurance companies

Buses are often thought to be a safe mode of transportation.  As common carriers, bus drivers owe a heightened duty of care to their passengers.

Additionally, buses owe a duty of care to other vehicles on the road.  When a bus driver breaches this duty and an accident occurs, they may be liable for any resulting damages.

Some causes of bus accidents that may indicate negligence on part of the driver or their employer may include:

• Fatigued Bus Drivers
• Drivers Operating Under the Influence of Drugs or Alcohol
• Distracted Drivers
• Inadequately Trained Bus Drivers
• Failure to Follow Traffic Regulations
• Overloaded Buses
• Poor Bus Maintenance

In showing that a bus driver or third party was negligent, the injured must prove the driver had a duty of care to their passengers or other vehicles on the road, an action or failure to act resulted in a breach of this duty, an injury was suffered, and the breach was the cause of the injury.

School buses carrying children are common carriers that owe a heightened duty of care to protecting their passengers.  Children have a special status in the eyes of the law, and courts have recognized their need for extra protection.

School bus drivers must drive and operate their vehicles with extreme caution and strictly follow rules and regulations enacted for the protection of the children.  Liability typically applies while children are on board the bus but can extend under certain circumstances where the driver still has a duty to ensure the safety of the children.

School entities, school bus owners, and school bus drivers may be held liable for injuries a student sustains if the driver fails to:

• operate the bus with due care
• activate safety measures, including flashing red lights and stop sign, while students board and leave the bus
• verify traffic has stopped before permitting a child to exit the bus
• monitor a child’s safe crossing of a street

Liability varies depending on the specific statutory duties in place for school buses and drivers in the district in which the accident occurred.