When most people think of accidents on the road, they picture car crashes––fender benders, read end impacts, or maybe even a major pile-up. However, when a bus is involved, the situation changes dramatically and unfolds differently. While both bus and car accidents can cause injuries, damages, and stress, bus accident cases are usually much more complex. In fact, handling a bus accident claim can be much more involved because of the unique factors that are at play.
A Larger Vehicle Means Larger Scale of Damage
One of the most obvious reasons bus accident cases are different and more complicated than car crashes is a bus’s sheer size and weight. A bus is much larger and heavier than your average passenger car on the road, so the possibility of substantial damage or a wreck is much higher. Buses can also carry dozens of passengers, and when a crash happens, multiple people can be injured––or, unfortunately, worse.
In car accidents, the injuries are typically limited to the people within the vehicles involved. But in a bus crash, the victims can range from passengers on the bus to other drivers on the road, pedestrians, and even cyclists. More injuries and more potential defendants mean more complex insurance negotiations, which is why bus accidents often involve multiple parties, complicating the process.
Multiple Defendants and Liable Parties
When a car accident happens, the at-fault driver is usually the principal defendant. It’s also easily more distinguishable who caused the accident, and if you’re the injured party, your claim will be filed against the other person’s insurance or directly against them if they’re uninsured. However, with the bus accidents, it’s not always so straightforward.
You can look at multiple parties involved in a claim for bus accidents. The bus driver could be included, as well as the bus company, the bus manufacturer, maintenance companies, or even government entities for public transit.
Say the bus driver is found at fault; you might pursue a claim against the driver, but if the cause of the accident was actually found to be from an underlying mechanical malfunction or failure, the manufacturer or the company that handled the maintenance on the large vehicle can also be responsible.
Even if the bus driver wasn’t at fault, the bus company could still be held liable for negligent hiring practices, improper training, or failure to maintain the vehicle. That is a lot to sort through, and it’s one of the primary reasons why bus accident cases are much more involved than typical car accident cases.
The Need for Detailed Case Analysis
Because multiple defendants are often involved in a bus accident, the police report usually provides enough evidence to determine fault. However, with bus accidents, investigations may need to go beyond just studying the scene of the crash.
Was the bus driver appropriately and adequately trained for his position? Was the company conducting maintenance checks and reviewing driver history? Were there any known mechanical issues that got ignored or put off? Was the accident sparked by another driver or a roadway hazard? These are all valid questions that must be asked and answered, each requiring in-depth and thorough analysis.
It’s not just about collecting witness statements and looking over the police report (although these are also part of the process).
Bus accidents often demand accident reconstruction experts, vehicle maintenance records, and detailed interviews with various parties to carve out the truth and build a case. Thus, the process is far more time-consuming and fraught with challenges than a regular accident with regular vehicles alone.
Insurance Coverage and Limitations
Another reason bus crash cases can be more complicated is the insurance coverage involved. When you are working through a claim or a lawsuit involving commercial vehicles, like a bus, the insurance policies tend to be way more significant than the insurance policies of regular personal cars.
The bus company’s insurance will likely be involved, but so may insurance providers for other parties, including the bus driver, maintenance companies, and possibly even the city or state if it’s a public bus. There’s a lot of back and forth here, and insurance companies will work hard to, first and foremost, protect their financial interests, potentially hindering or complicating the settlement negotiations.
Further, if you are pursuing compensation for injuries sustained on a public bus, you might be up against government entities, which have their own legal protections. Claims against government entities usually have tight deadlines and procedural requirements that have to be strictly obeyed, adding another layer of nuance to the case and anxiety for you, the victim.
Serious Injuries and Long-Term Effects
Injuries resulting from bus accidents are frequently more serious due to the overall size and force of the crash. Passengers can be thrown around inside a bus, collide with other passengers, or slammed into hard surfaces. In many cases, the lack of seat belts on buses means that passengers have less protection than car occupants, leading to more serious injuries.
Common injuries in bus accidents include broken bones, head injuries, spinal cord damage, and, in some cases, fatalities. These injuries often require long-term medical treatment and rehab. Determining the long-term effects of these injuries, such as the need for ongoing care or the complicated matter of lost earning capacity, can require expert testimony and ongoing medical evaluations.
Thus, assigning a dollar value to the damages can be tricky. While pain and suffering can be evaluated in car crashes, the severity of injuries in bus accidents often results in much higher compensation amounts, requiring detailed analysis of medical records, expert opinions, and future needs assessments.
Legal Deadlines and Statutes of Limitations
California’s personal injury statute of limitations is in most cases two years from the date of an accident or injury. However, there is potential for variation in some accidents, like bus accidents, especially if a government entity is involved. If the accident happened on public transportation, you might only have a six-month window from the date of your injury to file your claim against the government.
A shorter timeframe means that victims of bus accidents have less time to pull together substantial evidence to support their claim, consult experts, and file the necessary paperwork. Missing these critical deadlines can mean losing your ability to pursue compensation and being substantially set back by mounting medical debt, missed wages, and inability to fully recover or recover properly. Thus, it is vital to act quickly and precisely. Contact an experienced San Bernardino attorney who understands the intricate nature of California bus accident cases.
