Bus accidents may not be as common as passenger vehicle accidents, but the consequences from one can be as serious and deadly as the worst auto collisions.
Buses obviously weigh more than passenger vehicles and have wider turning angles. Also, the majority of buses do not have seat belts and they are not required to have them.
Bus drivers are commercial drivers, regardless if they are driving a city bus, school bus, tour bus, or long distance bus like Greyhound. Drivers must obtain a commercial driver’s license and pass a road test. They are also required to submit a medical report certifying they have undergone a medical examination within the past two years, and must submit to a physical every two years thereafter.
Any number of other factors also cause bus accidents. Driver error from inexperience or improper judgment in reacting to a hazard is common. Intoxicated driving or drug impaired driving is another. Even if a driver has taken a prescription drug, he or she can be charged with a DWI or DUI if the drug impaired driving conduct adversely affected his or her driving conduct.
A recent accident in New York underscored some of the issues facing passengers and bus safety. In late 2011, a bus carrying people from a casino in Connecticut back to New York swerved to avoid a tractor-trailer and collided with a guardrail, continued out-of-control down the roadway and into a sign post that sliced through the bus’s interior. The crash killed 15 passengers and injured 17 others.
Although the bus driver claimed the truck was responsible, passengers said the driver had fallen asleep and was only awakened when the bus hit rumble strips on the shoulder.
The lack of seat belts may have led to some of the injuries and fatalities. This particular bus also had a “black box,” or engine control module, commonly found on aircraft, and a forward-facing camera that told investigators what was occurring in front of the driver in the moments before and during the accident, an invaluable tool that many personal injury attorneys and law enforcement undoubtedly wish was mandatory for all motor vehicles.
A consequence of the accident was that two U.S. Senators introduced legislation mandating seat belts on buses. Similar legislation had been introduced in 2007 following the crash of a college baseball team bus that killed five members of the Bluffton University team.
The U.S. Department of Transportation has also called on the implementation of available technology on buses that provides warnings of impending collisions and that automatically changes the bus’s speed under certain circumstances.
A major factor in bus accidents is the lack of driver training. A review by the National Traffic Safety Board found that many bus companies were hiring drivers who had lost their commercial licenses in other states but had been able to obtain one in others. The Board and other industry spokespersons have called for greater enforcement measures to ensure that qualified drivers are hired and driving.
If you or a loved one have been injured in a bus accident, it is essential that you retain a personal injury lawyer who is experienced and knowledgeable in bus accidents. Because many buses are part of a municipal transit system, any claim for damages must be brought to the attention of the proper municipal agency pursuant to your state’s tort claim act, which governs injury claims and lawsuits against city, county and state government.
Investigating a bus accident requires knowing what documents to obtain and how to analyze any data and other information to establish liability. An attorney can also ensure that all proper forms are completed and the proper procedures and deadlines followed so that your injury claim is not dismissed before it has been presented.
