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Common Carrier Liability & Bus Accidents

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A "common carrier" is any type of transportation company that transports property or people from one place to another for a fee. They're regulated by the government and subject to stricter rules than ordinary passenger vehicles. Buses fall into the common carrier category—which means that there are certain specific legal obligations that bus companies have toward their passengers and others on the road.

If you've been injured due to a bus accident, here are some of the most important legal facts that you need to know:

1. Suing for your injuries can require extra steps.

If the bus was owned by a private company (like a tour bus), you may not have to take any extra steps to sue the company. However, if the bus was—for example—a city transport bus, you may be required to under a tort claim act to file a notice that you intend to make a claim. Essentially, you're forced to ask permission to sue—and if you don't follow the exact steps (in a timely manner) required, your claim can be summarily dismissed.

2. Knowing who to sue can be particularly difficult.

It's often difficult to determine exactly who is responsible for a bus accident because there are so many different variables involved. It may not be easy to tell exactly who is at fault—and more than one party may ultimately be liable for your injuries. Some possible parties that could be responsible include:

  • The bus driver, if he or she failed to abide by the rules of the road, fell asleep, was driving distracted or made some other mistake
  • The owner of the bus company, which has legal responsibility for the actions of his or her employees
  • The maintenance company that last serviced the bus, if preventable mechanical failures led to the accident 
  • The state or local government, if the bus was a school bus or public transportation provided by the city
  • The driver of another vehicle that may have actually caused the bus accident by cutting the bus off in traffic or some other action

It generally takes a good deal of investigation in order to fully understand how a bus accident occurred and who is responsible—and liability is often shared.

3. You need legal assistance to avoid mistakes.

Bus accidents are unlike regular car accidents in many ways. Not only do they often result in more serious injuries, but they can also leave victims unable to sort through the red tape that goes along with suing a common carrier. Talk to a bus accident lawyer as soon as practicable after your injury in order to best protect your rights.


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