Americans who don’t have or can’t afford to own a car rely on the next best thing: public transportation. The American Public Transport Association’s latest Public Transportation Fact Book states that over 6,000 public transport systems ply the United States’ roads. These include over 1,300 commuter and non-commuter bus systems.
The fact book also states that they make over three billion trips every year—more than any other form of road-based public transport. Between being the most preferred way to go to places and moving millions of Americans daily, there’s a lot of pressure on drivers to carry their passengers to their destinations safely.
Pressure that can lead to mistakes on the road—and eventually injuries or worse.
A bus accident is more serious than one involving a car, given the number of passengers at risk of serious injury. Naturally, they can demand compensation for medical bills and lost wages, among others. However, a bus passenger’s rights go beyond that.
Most Buses Are Federally Regulated
With some exceptions like school buses, the Federal Motor Carrier Safety Administration (FMCSA) regulates most bus operations. Some of these include commuter buses, charter buses, and tour buses, and accidents involving them imply that the driver and/or operator should’ve complied with FMCSA regulations.
In many cases, liability lies with the driver because they have direct control of the vehicle. One of the first steps in an accident investigation is to check the driver’s qualification file, which contains their credentials. At a minimum, the driver should have:
- A commercial driver’s license with a passenger endorsement (for school bus drivers, they should have a school bus endorsement)
- A medical certificate issued by the Department of Transportation (the physical exam should be performed by an FMCSA-registered medical examiner)
- No disqualifying violations recorded (as specified under 49 CFR 383.51). Some examples include DUI/DWI, hit and run, and felony crimes.
If any of these requirements aren’t met, it won’t be just the driver. The employer—in most cases, the local government—may also be held accountable for failing to properly screen individuals. Even failure to maintain a driver’s qualification file is a violation.
Legal experts consider this a case of negligence, an argument that can strengthen the case for seeking damages. That said, accident victims need a reputable personal injury lawyer in Tuscaloosa or other areas to help them through the legal process. It’s also better if the law firm specializes in bus accident litigation.
Bus Drivers Need Rest Too
Fatigue is a significant safety risk among commercial vehicle drivers, not just those driving buses. If a driver is too tired to keep their eyes on the road or make a split-second decision, they shouldn’t be behind the wheel.
The FMCSA’s Hours of Service regulations state the maximum number of hours property and passenger-carrying drivers can work and be on duty. In this case, bus drivers:
| Can… | Can’t… |
| Drive a maximum of 10 hours after 8 consecutive hours off dutyExtend their maximum driving and on-duty time by 2 hours in adverse driving or weather conditions (12 hours driving, 17 hours on duty) | Drive after being on duty for 15 hours, after 8 consecutive hours off duty (off-duty hours not included in the 15-hour count)Drive after being on duty for 60/70 hours for 7/8 consecutive days |
Bus drivers are required to record their hours in a physical or electronic logbook. The entry should contain pertinent information like the date, total miles driven for the day, starting time, and other useful remarks. The exception to this rule is short-haul drivers, provided they’re within 150 miles of their reporting location and don’t exceed 14 hours on duty.
If the victim’s party suspects fatigue as a contributing factor, it can request a subpoena duces tecum from the court. This document can order the negligent party to release crucial evidence to assist in the investigation, like the logbook. Proving this is the case can also be considered negligence on the part of the bus driver and operator.
Traffic Violations Are a Liability
Traffic rules exist to ensure everyone’s safety by maintaining order on the road. An illegal turn or not stopping at proper bus stops risks putting people in danger of a fatal accident. Bus drivers, carrying the lives of dozens with each trip, should know better than to ignore these rules.
One example involves using a mobile phone while driving, prohibited under 49 CFR 392.80 and 49 CFR 392.82. Both sections also state that no operator can require their drivers to do so and that the only exception is when contacting emergency services. States also impose their own distracted driving laws, which can either support or complicate a victim’s claim.
Regardless, a traffic violation can be considered negligence if it meets the five criteria.
- Legal duty of care: The driver has a responsibility to ensure the passengers’ safety, and that their violation risks their safety.
- Breach of duty of care: The burden of driving safely is less than the risk and severity of the passengers’ injuries.
- Harm to the plaintiff: The passengers have suffered clear physical harm, though some states also recognize mental harm.
- Proximate cause: The violation directly caused the accident and the passengers’ physical (or mental) injuries.
- Cause-in-fact: The harm to the passengers wouldn’t have occurred if not for the driver’s traffic violation.
Proving negligence between drivers in a car accident can be complicated. However, unless the cause is a third party (e.g., another erring motorist, direct interference by a passenger), the odds are against the bus driver in a bus accident.
Sovereign Immunity Doesn’t Mean You Can’t Sue
Here’s where it gets a bit tricky. As local government bodies typically operate bus systems, they may be protected from lawsuits under sovereign immunity. To put it simply, this legal rule shields them and their employees from civil and criminal liability.
But there’s a catch: it doesn’t protect them from acts of gross negligence. This is legally defined as a show of reckless disregard for the safety of other people to the point that it violates people’s right to safety. If negligence is caused by a mistake or carelessness, gross negligence means the defendant has thrown bus safety to the wind.
Proving gross negligence isn’t easy, though. The evidence must indicate that the bus driver or operator was aware of the risks associated with a particular action but proceeded with it anyway. Victims can still recover compensatory damages even with sovereign immunity in effect, but their damages will be less than without the rule.
Bus Accidents Are Serious
Bus crashes can place more people at risk of harm than car crashes. If you happen to be a victim of one, seek medical attention right away and discuss your options with a personal injury lawyer. Don’t be afraid to seek compensatory damages.
