Buses are part of daily life in bustling metropolitan areas, offering convenience to millions who rely on public and private transit. However, with the increased use of these large vehicles, accidents happen, sometimes resulting in severe injuries. If you’ve been injured in a bus accident, you may wonder: “What type of compensation can I get?”
When another party’s negligence causes an accident, you deserve compensation for the pain, suffering, and financial losses that follow. Yet, seeking fair compensation can be complex because bus accidents involve unique factors—like commercial and public entities, specialized insurance policies, and strict regulatory requirements.
This is where consulting with a dedicated personal injury lawyer can make a world of difference. At the Rothenberg Law Firm LLP, we have more than 50 years of experience obtaining billions of dollars for accident victims. Our compassionate and diligent legal team is here to help you pursue the compensation you deserve for your injuries and losses.
The Complexities of Bus Accident Claims
Bus accidents are often more complicated than typical car crashes due to several unique aspects, including the entities involved, the size and weight of buses, and the specific regulations bus companies must follow. Other things that make bus accident cases particularly complex include:
Multiple Parties May Share Liability
When a bus accident occurs, the liable party could be the bus driver, the bus company, or even a third-party maintenance provider. In some cases, a government entity may be responsible, which adds another layer of legal complexity.
Federal and State Regulations
Buses must comply with both federal and state regulations. For instance, the Federal Motor Carrier Safety Administration (FMCSA) mandates safety requirements for commercial buses, including routine inspections and strict hours of service for drivers. These regulations impact who may be held responsible and can influence the outcome of your claim.
In New York, New Jersey, and Pennsylvania, buses are subject to federal and state laws prioritizing passenger safety. Navigating these rules and understanding the various parties that may be liable requires legal knowledge and experience.
Insurance Policies
Buses typically carry more extensive insurance policies than private vehicles, but these policies are often complicated. Knowing what compensation you can pursue requires understanding insurance limits, potential exclusions, and the claims process. This is where our team’s in-depth knowledge of bus accident claims is invaluable.
Metropolitan Areas and the Risk of Bus Accidents
In highly populated areas such as Brooklyn, Philadelphia, and Hackensack, buses share the roads with countless vehicles, pedestrians, and cyclists. Buses are at a heightened risk of collisions with so many vehicles on the road and frequent stops.
Bus drivers must remain attentive to factors like pedestrian crossings, crowded intersections, and high-speed highways while maneuvering a large and potentially unwieldy vehicle. Bus accidents can be devastating due to the number of passengers on board, the vehicle’s size, and the fact that buses often lack seatbelts and other safety measures.
Types of Busses Involved in Crashes
Bus accidents can involve various types of buses, each serving different purposes and operated by distinct entities. Understanding these categories is essential, as the nature of the bus involved can influence the legal considerations and potential compensation in accident cases. Here are the primary types of buses that could be involved in a crash:
- City Transit Buses: These buses operate within urban areas, providing public transportation along designated routes with frequent stops. Municipal or regional transit authorities typically manage them. For example, the Metropolitan Transportation Authority (MTA) in New York City and the Southeastern Pennsylvania Transportation Authority (SEPTA) in Philadelphia.
- Intercity Buses: Designed for longer distances, intercity buses connect different cities and regions, often with fewer stops than city buses. Private companies like Greyhound Lines, Megabus, and FlixBus usually operate them.
- Charter Buses: Charter buses are hired by groups for specific trips, such as tours, corporate events, or school outings. They offer customized routes and schedules based on the group’s needs. Charter operators may include Coach USA, Academy Bus, and Peter Pan Bus Lines.
- School Buses: School buses are typically operated by school districts or private contractors. They are primarily used to transport students to and from educational institutions. Examples of operators include First Student, National Express, and Durham School Services.
- Shuttle Buses: Shuttle buses provide transportation over short distances, often connecting passengers to airports, hotels, or within large campuses. Private companies, hotels, or institutions can operate them, including companies like SuperShuttle.
- Tour Buses: Tour buses are used for sightseeing and travel tours, offering guided experiences to various destinations. Private tour companies like Gray Line Tours, Big Bus Tours, and City Sightseeing typically operate them.
- Private Buses: These buses are owned and operated by private entities, such as corporations for employee transportation or private schools for student transport.
Each type of bus operates under specific regulations and insurance requirements, which can affect liability and compensation in the event of an accident. For instance, city transit buses operated by government entities may have different legal considerations compared to privately operated charter buses.
Different Types of Bus Accidents and Their Implications
Bus accidents can happen in various settings, from busy intersections in cities like New York City and Philadelphia to rural highways and suburban neighborhoods. Depending on where and how the crash occurs, the impact on passengers and other drivers can be severe, sometimes resulting in life-changing injuries.
Rear-End Collisions
Rear-end bus collisions often occur in high-traffic urban areas, such as intersections in Manhattan or stop-and-go traffic on the Brooklyn Bridge. The sudden jolt may cause passengers on the bus to experience whiplash, head injuries, and back strains, while occupants of smaller vehicles involved often face more severe injuries due to the size disparity.
Liability in rear-end accidents is usually straightforward, often attributed to the driver who failed to stop. However, if the bus’s brakes malfunction due to poor maintenance, the bus company or maintenance provider may also share responsibility.
Side-Impact Collisions
Side-impact or “T-bone” collisions commonly occur at intersections and involve one vehicle striking the side of the bus. This type of accident is common in cities with numerous intersections, such as Brooklyn and Philadelphia. Depending on the side of impact, passengers seated near the point of collision may suffer serious injuries, including fractures, head trauma, and spinal injuries.
Side-impact accidents often involve questions of right-of-way, and liability may depend on witness statements, surveillance footage, and traffic signal records.
Rollover Accidents
Rollovers are more likely on high-speed roads, rural highways, or winding suburban roads, such as those in Hackensack and surrounding areas. High winds, sharp curves, or sudden maneuvers can increase the risk.
Rollovers are among the most dangerous types of bus accidents, often causing severe injuries like traumatic brain injuries (TBIs), broken bones, and internal injuries as passengers are thrown around or ejected due to the lack of seatbelts.
Rollover accidents may involve multiple factors, including the bus driver’s actions, the road’s design, and the bus’s center of gravity. Proving liability in these cases can be complex, and Rothenberg’s team is adept at analyzing all contributing factors to build a strong case.
Head-On Collisions
Head-on collisions usually occur in rural or suburban areas where roads are narrower, such as rural routes in Pennsylvania or New Jersey. They can result from driver fatigue, distracted driving, or an unexpected obstacle. These collisions can be devastating, leading to serious head injuries, spinal injuries, and, in severe cases, fatalities. Proving liability in head-on collisions often involves examining the actions of both drivers.
Single-Vehicle Accidents
These accidents may happen anywhere but are common when a bus swerves to avoid an obstacle, loses control on a wet road or strikes a stationary object. Passengers may suffer injuries from the sudden stop or jolt, such as cuts, bruises, and fractures.
Determining fault can be more challenging in single-vehicle accidents, as contributing factors like adverse weather or mechanical failure may exist. Rothenberg’s team meticulously investigates these incidents to establish liability.
Common Bus Accident Injuries
Bus accident injuries can be severe due to the size of the vehicle and the lack of passenger restraints. Common injuries in bus crashes include:
- Head and Traumatic Brain Injuries (TBI): These injuries are especially common in high-impact collisions and can lead to lasting cognitive and physical impairments.
- Spinal Cord Injuries and Paralysis: A serious impact can cause damage to the spine, resulting in partial or complete paralysis.
- Broken Bones and Fractures: Due to the lack of seatbelts, passengers are more vulnerable to fractures in the event of a collision.
- Whiplash and Neck Injuries: Even a minor accident can lead to painful neck injuries that require long-term treatment.
Our attorneys at Rothenberg Law Firm LLP recognize the life-altering effects of these injuries. We fight diligently to secure the compensation necessary to cover long-term medical expenses, rehabilitation, and emotional trauma.
Types of Compensation You May Recover for a Bus Accident
If you were injured in a bus accident, you might be entitled to several types of compensation, including:
- Medical Expenses: You can pursue compensation for your medical bills, including emergency room visits, surgeries, physical therapy, and any future medical costs related to your injuries.
- Lost Wages and Loss of Earning Capacity: If your injuries prevent you from working, you may receive compensation for lost income. In cases where an injury affects your ability to work in the future, you may also be entitled to compensation for loss of earning capacity.
- Pain and Suffering: Pain and suffering damages cover the physical pain and emotional distress caused by the accident. This compensation considers the ongoing impact of your injuries on your daily life, including mental anguish, anxiety, and loss of enjoyment in activities.
- Property Damage: If your personal belongings were damaged in the accident, you might be entitled to compensation for repairs or replacement costs.
- Punitive Damages: In cases where the bus company or driver’s conduct was especially reckless, punitive damages might be awarded to penalize the responsible parties and prevent future misconduct.
Who May Be Held Liable in a Bus Accident?
Determining liability is one of the most important steps in pursuing a bus accident claim. Potentially liable parties include:
- The Bus Driver: If the driver’s negligence—such as distracted driving, fatigue, or intoxication—caused the accident, they could be held responsible for the resulting damages.
- The Bus Company: Bus companies are responsible for hiring qualified drivers, maintaining their vehicles, and following safety protocols. If the company failed in these duties, it might be held liable.
- Government Entities: If the bus involved in the accident is owned by a government agency, like the Metropolitan Transportation Authority (MTA) in New York, filing a claim may involve additional steps. Cases against government entities are often subject to stricter filing deadlines and require an experienced attorney who understands these requirements.
- Third-Party Maintenance Providers: Bus companies sometimes outsource maintenance work to third-party providers. If improper maintenance contributed to the accident, these parties could be liable.
Bus Company Obligations
Bus companies must prioritize passenger safety and adhere to numerous regulations. These responsibilities include:
- Routine Vehicle Inspections: Bus companies must regularly inspect their vehicles and promptly address any maintenance issues. Neglecting this responsibility can lead to mechanical failures that cause accidents.
- Driver Training and Monitoring: Bus drivers should receive comprehensive training and adhere to maximum hours-of-service regulations to prevent fatigue-related crashes. If a driver’s negligence contributes to an accident, both the driver and the company may be held accountable.
- Compliance with Local Traffic Laws: Bus drivers must comply with all local and state traffic laws, including speed limits, proper lane usage, and right-of-way rules, particularly in busy areas like Philadelphia and New York City. Failure to comply with these rules may result in severe penalties and increased liability.
Government Claims Process for Public Bus Accidents
When the bus involved is government-operated—such as those run by the MTA in New York or the SEPTA in Philadelphia—pursuing compensation becomes even more challenging. Government entities must follow strict regulations, and the claims process against these agencies is unique, often imposing additional hurdles for injured victims.
Unlike private bus companies, government-operated transit authorities are protected by a concept called sovereign immunity, which shields them from certain lawsuits. While exceptions allow accident victims to file claims, these cases have particular requirements. For example:
Shorter Filing Deadlines (Notice of Claim Periods)
Most government entities require an injured party to file a Notice of Claim shortly after the accident—often within 30 to 90 days. In New York, for instance, those injured by an MTA bus must file a Notice of Claim within 90 days of the accident. Missing this deadline can forfeit a victim’s right to seek compensation.
Stricter Filing Requirements
In addition to the Notice of Claim deadline, claims against government entities often require specific details about the incident, including the exact location, date, and description of what occurred. Any missing information can result in the claim being dismissed.
Detailed Investigations and Burden of Proof
Government entities rigorously investigate claims against them, often scrutinizing every detail and requiring substantial evidence to prove liability. For example, they may demand surveillance footage, witness statements, and accident reports to consider a claim.
Limits on Compensation
Government entities may have caps on the damages they are required to pay, which can limit the compensation available. Understanding these limits and crafting a strategy to maximize recovery is essential.
How a Personal Injury Lawyer Builds Your Case
Bus accident cases require a thorough investigation and detailed evidence to support your claim. Here’s how Rothenberg Law Firm LLP assists you:
- Conducting a Comprehensive Investigation: Our attorneys will examine police reports, gather eyewitness statements, and review surveillance footage to determine the cause of the accident.
- Identifying All Liable Parties: A key part of your case is identifying all parties who may share responsibility. Our lawyers will pursue claims against any party whose negligence contributed to your injuries.
- Handling Insurance Negotiations: Bus companies often have substantial insurance coverage, but that doesn’t mean the insurer will willingly offer fair compensation. Our attorneys are skilled negotiators who understand insurers’ tactics to reduce payouts, and we won’t settle for less than you deserve.
- Calculating Damages: Determining the full extent of your damages is essential for a fair settlement. Our team will calculate current and future costs, ensuring that your compensation reflects the true impact of the accident on your life.
- Preparing for Litigation if Necessary: While we strive to settle cases out of court, we are prepared to take your case to trial if the bus company or its insurer refuses a fair settlement. With over 50 years of experience, our firm has successfully litigated complex motor vehicle accident cases, and we will do the same for you if needed.
Contact Rothenberg Law Firm LLP Today
If you or a loved one has been injured in a bus accident in New York City, Philadelphia, or other areas we serve, you don’t have to face the aftermath alone. At Rothenberg Law Firm LLP, we understand the complexities of bus accident claims and are committed to fighting for the compensation you deserve.
With decades of experience, a compassionate approach, and billions recovered for our clients, we are here to help you take the next steps toward recovery. Our firm has offices in New York City, Philadelphia, Pennsylvania; Cherry Hill, New Jersey; Lakewood, New Jersey; Monsey, New York; and Hackensack, New Jersey.
Contact us today for your free consultation and learn more about how we can help you navigate the legal process after a bus accident. Your journey to recovery starts with the right legal support. Call us at 800-624-8888 or contact us online to get started.
