Roswell, GA Bus Accident Lawyer

In a bus accident, the at-fault driver might be someone outside of the bus who crashed into the bus or it might be the bus driver.  In many cases, the bus driver is at fault and the injured victim is someone whom the bus hit while they were walking or riding a bike.  Who caused the accident and who was injured will heavily affect how the case proceeds.

No matter how you were injured in a bus accident, our lawyers can help you file a claim against the responsible parties and fight to get you the compensation you deserve.  Our lawyers fight for medical expenses, lost earnings, emotional distress damages, and other damages for bus accident victims in Roswell and across the region.

For a free review of your case, call our bus accident lawyers at Rice, Murtha & Psoras at (470) 287-3070.

Who to Sue in a Bus Accident Case in Roswell, GA

How you were hurt in the crash and who caused the crash will be the most important factors in determining who you should sue for damages after your bus accident.  Our bus accident lawyers break down how each of the following parties might have caused the crash and when you can target them in your lawsuit:

The Bus Driver

If the bus driver caused the crash, then you would usually try to sue them.  This should be the case whether you were a passenger in the bus, a driver in another car, a passenger in another car, a pedestrian, a cyclist, or anyone else involved in the crash.

Another Driver

The bus driver, however, is not always the one who caused the bus accident.  If the bus driver was following the rules of the road and driving safely, then it is possible the crash might have been caused by another driver on the road.  You can sue this driver whether you were injured as a bus driver, a bus passenger, or a third party involved in the crash.  Even if the driver pushed the bus into a third car – your car – you can still usually sue the driver who initially caused the crash.

However, many accidents involve dividing fault among multiple drivers.  It is always possible that the bus driver and another driver could each share fault in your case.

The Bus Company

When a bus driver causes a crash in the course of their job duties, their employer is likely to be held responsible in their place.  Employers like bus companies and trucking companies are often sued for car accidents that their divers cause, and our lawyers can help you bring the case against this company in their capacity as an employer.

However, bus companies can also be responsible for the crash in a more direct way.  For example, the bus driver does not usually own the bus; the bus company does.  If the vehicle was dangerous because of bad or missing maintenance, that is usually the company’s fault.  The company can also be directly at fault if they hired a dangerous driver or kept a dangerous bus driver on staff.

There are, however, some complications that arise when suing bus companies.  If the bus company was a private bus company, a charter bus company, or some other private company, you can usually sue them with no additional complications.  However, if you were injured in a crash with a MARTA bus, a public school bus, or some other bus operated by the government, your lawsuit might have additional notice requirements and damage caps.  Lawsuits against government entities always face these additional hurdles, and it is important to have a lawyer investigate them before filing your case – and to act quickly, as this notice deadline is only 1 year from the injury.

Auto Manufacturers

Sometimes crashes are caused by auto defects, not anything any of the drivers or other parties did.  Although these crashes are rare, you can often sue the auto manufacturer for the defect that caused your crash.

Pedestrians, Cyclists, or Others

In very rare cases, crashes happen when bus drivers swerve to avoid hitting pedestrians, bike riders, or others who are not supposed to be in the road.  If this resulted in a sudden stop or a crash that injured you, it might not be the driver’s fault – but it could be the other party’s fault.  In some cases, however, the bus company’s insurance will cover this injury instead.

Proving Fault in a Bus Accident in Roswell, GA

As mentioned, fault will usually be assigned to different parties depending on whether or not they caused the crash.  But what is required to show that someone did, in fact, cause a crash?

Usually, bus accident cases – and, frankly, most auto accident cases – are based on claims of “negligence.”  To make out a negligence claim in court, you have to show that four elements are met: there was a duty the defendant owed you, they breached that duty, the breach of duty caused your accident, and you suffered injuries the court can issue compensation for.  In most cases, the duty is going to be a traffic law, and the breach of duty will be something like speeding or drunk driving.  Alternatively, bus drivers are held to pretty high standards of what is “reasonable,” and other drivers are held to various “reasonableness” standards as well.  Unreasonable driving is just as much a valid breach of duty for a lawsuit as an explicit traffic violation.

You also need evidence to show that the breach actually caused the accident.  If the accident was unavoidable or if it would have happened even without the alleged mistake or breach, then you usually cannot sue.

You can prove fault and the damages you faced through testimony, video and photo evidence, documentation, hospital records, bills and financial statements, and more.

Call Our Bus Accident Attorneys in Roswell, GA Today

Call Rice, Murtha & Psoras at (470) 287-3070 for a free case assessment with our experienced bus accident attorneys today.