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Sometimes a bus accident occurs through no fault of the bus driver. A motorcoach company may have an exemplary safety record and the bus driver may have driven thousands of miles without incident: neither of these facts will safeguard against a bus crash caused by another negligent driver. A large bus oftentimes cannot travel as fast as other traffic (either because of the limitations of the bus itself or because of the motorcoach company’s own regulations), and a bus’s large size makes it difficult for drivers of passenger cars to see around them. As a result, some drivers of personal vehicles engage in reckless or careless driving:
- An impatient driver stuck behind a large bus may tailgate the bus too closely and end up crashing into the rear of the bus, making the bus driver lose control and crash;
- A driver may try to get ahead of a bus rather than wait – either by passing a bus traveling in the same direction or by trying to make a turn in front of an oncoming bus – and may misjudge the distance between the bus and his or her own vehicle, causing a collision;
- A drunk, distracted, or sleepy driver may inadvertently travel in front of a bus traveling in the opposite direction, causing a bus accident.
When a bus crash is caused by the negligence of another driver, a claim for compensation can become even more complicated. A thorough investigation is often necessary to fully ascertain how the crash occurred and what parties bear responsibility. The Bus Accident attorneys at Zinda Law Group are here to help during this difficult time.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationWhat Makes Bus Accidents Caused By Other Vehicles So Complicated?
When a bus leaves the roadway because the bus driver is tired or a mechanical defect causes a part on the bus to fail and a crash ensues, fault is typically easy to assign. When a bus crash is caused primarily by another driver, however, additional questions must be asked:
- Did the bus driver contribute in any way to the crash?
- Would the crash have occurred in the manner it did if the bus driver had taken additional or different actions?
- Were the severity of your injuries due entirely to the negligent actions of the other driver or did the bus driver or another person contribute to the severity of your injuries?
Not only this, but in cases of a large pile-up on a highway (for example), there may be many different negligent parties that contributed to your injuries. Each of these parties needs to be identified and made a part of your bus crash lawsuit to ensure you receive the maximum amount of compensation.
Finally, whereas bus companies and carriers often have large insurance policies and resources to compensate passengers for a bus crash caused by their own negligence, the insurance policies of other individual drivers is much lower. When there are a large number of individuals injured, or where the at-fault driver does not have any insurance at all, obtaining compensation for your injuries can be much more difficult.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationCauses Of Bus Accidents On Long Trips
It is only natural to look at scene of a bus accident in person or on television and wonder how such a tragic event could have happened. While there are some truly mysterious or baffling bus accidents that defy an easy explanation, there are certain causes, risk factors, and triggers present in other bus accidents. These usually make their way into statistical reports prepared by the National Transportation Safety Board (NTSB) and other government agencies and research institutes.
Planning a trip by commercial bus soon? Wondering if you are at an increased risk of being involved in a bus accident? Consider the following:
- On commercial buses (including charter buses), “driver error” – that is, mistakes made by a driver, such as speeding, making an improper turn, and other careless actions – is a common cause of bus accidents;
- Buses traveling cross-country or a significant distance are at an increased risk of being involved in a bus accident due to the bus driver’s drowsiness;
- Driver age plays a role in risk of being involved in a serious injury bus accident. Drivers who are brand new or young tend to be involved in more serious bus accidents than other drivers. The same is true for bus drivers between 55 and 65 years of age. The risk of being involved in a serious bus accident increases again if the bus driver is over the age 65 years;
- Commercial vehicles like buses are more likely to be involved in a serious crash on rural roads or in rural areas as opposed to in urban areas;
- Traveling at night increases the likelihood of a bus accident, as does traveling during inclement weather.
How Many Hours Can a Bus Driver Operate a Bus?
The number of hours a commercial bus driver can operate his or her bus in a 24-hour period is governed by Department of Transportation (DOT) regulations. Currently, a bus driver can only be “on duty” for 15 hours per day and can only be behind the wheel of a bus driving for 10 hours of those 15 hours. After that, the bus driver must rest the remainder of the 24-hour period. For example, a bus driver who begins driving at 6:00 a.m. may be considered “on duty” until 9:00 p.m., but he or she must stop driving after 4:00 p.m. He or she may resume driving at 6:00 a.m. the following day.
Why Would a Bus Driver Continue Driving When Drowsy?
There are any number of reasons why a drowsy bus driver may continue driving. Investigating and determining the precise reason why is important in deciding whether the bus company itself can be held responsible for the crash:
- The bus driver may be unaware of how drowsy he or she actually is;
- The bus driver may be required by company policy to drive 10 hours per day (or any other number of hours per day) regardless of whether he or she is drowsy;
- The bus company may encourage or coerce its drivers to continue driving even if they are drowsy or to drive in excess of the DOT limitation;
- The bus driver may get stuck in traffic or delayed and feel he or she should “be farther” before stopping for the day.
A bus company that either encourages its drivers to drive when drowsy or exceed DOT limitations (by providing bonuses or incentives to drivers, or not taking adverse employment actions against them) or that fails to train and monitor its drivers to ensure they follow DOT regulations may be held responsible for your compensation in addition to the driver.
Proving a Bus Driver was Drowsy
Proving a bus driver was drowsy is not an easy task. Most drowsy bus drivers crash at a time when passengers are asleep and are therefore unaware of signs the driver is becoming tired. Witness testimony of other drivers who saw the bus swerve or drive erratically before the crash can be helpful as well as the bus driver’s own logbook. We at Zinda Law Group are familiar with the types of evidence you need to prove your case and how to preserve these important documents, evidence, and testimony. Contact us after a bus accident caused by a drowsy driver by calling (800) 863-5312 for your free initial consultation.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationHow Does This Impact My Travel Plans?
None of the above-recited facts or trends can determine with 100% accuracy whether you will be involved in a bus accident. These trends do indicate, however, that bus drivers and companies that do not take these trends into consideration may find themselves at risk of being sued for a bus accident injury. For example:
- A bus company that pushes its drivers to drive late into the night or exceed federally-mandated driving limits can be held responsible when an employee, following these orders, is involved in a bus accident crash;
- A bus driver who is speeding on a poorly lit rural road may have a hard time defending his actions and driving if a crash results;
- A bus company that employs very young bus drivers or bus drivers over the age of 65 will be closely scrutinized during a bus accident lawsuit to determine what training programs the company used, how their drivers fared on these tests, and how much supervision the company provided for these drivers.
- A bus driver who insists on driving through the night – for whatever reason – places him- or herself at risk, as well as his or her passengers.
At Zinda Law Group, we have brought lawsuits on behalf of injured victims involved in a bus crash on numerous occasions. These causes and risks are not always present in every case; however, when they are present, that is a clue for us to investigate further. A thorough investigation into what the bus driver knew and what the bus company knew before the crash is an essential first step in formulating a solid trial strategy designed to get you compensation. If you or a loved one have been involved in a bus accident crash, contact us at (800) 863-5312 to schedule a free consultation and allow us to discuss your rights with you.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation