Liability for Injuries in Chartered Bus CrashWho is liable if you were injured? Say the bus driver of the chartered tour bus or 15-passenger van slams the accelerator or hits the brakes abruptly. Or if they rear end a car, who is liable? Liability in these cases will almost always be against the tour bus company. But what happens if the tour bus company does not carry insurance? In such cases it is possible to pursue a case against the chartering agency or the organizer of the event. If none of these options are available you will need to pursue a claim against your own un-insured motorist coverage if possible. Common Carrier Laws in the United States: Under the Common Law systems common carriers are individuals or entities who (1) maintain a regular place of business for the purposes of transposing passengers (2) the business of public entity advertises its services to the general public (3)there is a set standardization of fees for the transportation of individuals from one place to another. Chartered bus operators and tour bus operators are regarded as common carriers in almost all jurisdictions in the united states.
Call (213) 389-3765 to schedule a free legal consultation.When a bus is chartered, the responsible party for chartering the bus should make sure that adequate insurance exist. Many times insurance policies are not properly checked. You must physically check to see whether the insurance policy covers the bus and make sure to know the limits of the policy. If in-sufficient insurance exist, injured passengers can pursue a claim against their own insurance company. This type of claim is considered a under-insured or un-insured motorist coverage. Each have specific limitations, which you can read by clicking here. Bus Company Liability: Bus companies will be liable when their driver is responsible for the accident. If the bus driver causes the injury the passengers will be able to pursue a cause of action for injuries against the bus company. However in certain cases bus companies will deny liability or fail to provide insurance information. In these types of cases you will likely need to file lawsuit in order to be successful in recovering for your injuries. As a passenger in a bus you are considered to be a negligent free passenger. What this means is that you are not responsible for the negligence caused by the bus driver or any other party. As a negligent free passenger you are able to recover for your injuries against the bus company. Charter Company Liability: In certain cases the charter bus company will also be held liable for injuries sustained. If the organization failed to identify whether proper insurance existed, or if they failed to adhere to certain safety protocols they can be held liable. Passengers place trust in the organizing party to ensure that their safety is considered. When this responsibility is not satisfied and passengers are injured, the charter company can be held liable. Instances where insurance is not properly verified, or buses are not maintained causing injury can result in liability against the charter company.
Learn more about your options for compensation by calling (213) 389-3765.
Other Potential Liable Parties:
- Local and State government agencies for unsafe dangerous roadway conditions or failure to properly maintain roads
- Bus and Chartered Van manufacturers for defective products including defective brakes, seatbelts, and tires.
- After marker suppliers and installers for improper installation and maintenance of chartered bus lines
Bus Company Not Carrying InsuranceIf the bus operator or company is not carrying insurance you can recover by filing a un-insured motorist claim against your own insurance carrier. You are only permitted to file a UIM claim if there is no insurance coverage at the time of coverage. Filing a UIM case will depend on many different factors and a qualified attorney should be consulted. Since UIM claims are against your own insurance they will be a little bit different. In order to fully understand what the requirements are contact an attorney. Each state has different laws and it is important that you consult with an attorney regarding this matter. Filing a Personal Injury Claim – Contacting your Attorney Personal Injury matters can be quit challenging requiring expert legal experience and hands on attention to detail. Victims of bus accidents are entitled to compensation for all their losses including
- All medical expenses including Emergency room visit, hospitalization and prescription drug costs
- All future medical expenses including rehabilitation, corrective and revision surgery and nursing home care for disabilities
- Lost wages and future loss of income due to inability to work
- Non Economic damages including Pain and Suffering, Emotional Trauma and Punitive Damages where possible.