North Carolina’s “common carrier” laws designate buses and other large transport vehicles as a special category of business service. These laws hold the bus driver, the busing company, and others involved in the maintenance and operation of the bus line more accountable than other commercial vehicles.
Because of these unique rules, bus accident cases can be complicated, as you will often find yourself pursuing a claim against a government body and dealing with regulations and laws that most lawyers are not familiar with. Having a Charlotte personal injury lawyer from Auger & Auger by your side can be critical, as they will know how to handle the complications of bus accident cases against the government and other bus companies.
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How An Experienced Bus Accident Lawyer Serving Charlotte Can Help With Your Case
Bus crashes can be extremely dangerous, whether they involve a school bus, a city bus, or another type of bus. The passengers on the bus themselves are often unprotected, as many buses (especially school buses) don’t have seat belts.
Of course, passengers in the other vehicle are at risk as well. Buses weigh significantly more than the average car. That means a bus crash naturally leads to severe damage and major injuries. If you have been in a catastrophic bus crash or any other kind of wreck involving a bus where you have incurred serious injuries, you have legal options.
A knowledgeable Charlotte bus accident attorney can help you build a case to recover compensation from the liable party. After taking your case, your lawyer will begin by launching an investigation into the bus accident to determine liability and gather evidence supporting your claim. Steps in this investigation will likely include the following:
- Visiting the scene of the accident to take pictures, note any factors that may have contributed to the crash, and collect any evidence that supports your claim
- Interviewing any eyewitnesses and recording their testimony
- Consulting various experts
- Obtaining a copy of the official police report
- Securing and reviewing any available video footage of the accident
- Reviewing your damages and calculating the full value of your claim
Once they have completed their initial investigation, your attorney will build your case so you can gain leverage during settlement negotiations and be ready if a trial proves necessary. Your lawyer will attempt to negotiate a favorable settlement deal that meets your goals. If a settlement cannot be reached, they will argue your case in court.
With an experienced attorney handling every aspect of your legal case, you can focus on your health and getting your life back to normal.
Common Carrier Laws In Charlotte
North Carolina’s “common carrier” laws classify buses and similar large transport vehicles as a distinct type of business service. Under these laws, bus drivers, bus companies, and those responsible for maintaining and operating the bus system are held to a higher standard of accountability than operators of other commercial vehicles.
They may have to exercise the highest standard of care to protect passengers and others on the road, as opposed to a lesser standard of “ordinary care.” The insurance policies that protect bus companies from accident-related losses tend to have higher coverage minimums than typical policies for individual drivers.
At the same time, the insurance companies that pay out for these policies have strict limits that can make it difficult for those with injuries to claim compensation. This is especially true if the bus service is owned or operated by a government entity. As a result of these policies, it can be challenging for those involved in a bus accident to claim more than moderate compensation.
How To File A Personal Injury Lawsuit After A Bus Crash
When attempting to recover compensation after suffering injuries in a bus accident, it is important to understand the laws that apply and the pathways to recovering damages available to you. Bus accident lawsuits are divided into two main categories, depending on whether a private company or a government entity owns the bus involved.
Filing A Bus Accident Lawsuit Against A Private Company
The most common type of buses on the road are those that are owned and operated by city governments. However, many tour buses and other commercial buses also drive on our nation’s roads every day. If one of these commercial buses causes a crash that leaves you injured, you can file a lawsuit against the company that owns the vehicle.
Commercial buses are known as “common carriers.” These are vehicles that transport people for a fee. Common carriers are required to follow specific regulations and take the highest degree of care to protect their passengers. Companies can be sued if they fail to follow certain regulations or neglect to uphold their duty of care.
An experienced bus accident attorney in Charlotte can gather evidence of negligence on the part of the company that owns the bus, the driver, or another liable party. They will file a lawsuit before the deadline set by the state’s statute of limitations, attempt to negotiate a settlement deal, and represent you in court if necessary.
Filing A Bus Accident Lawsuit Against A Government Entity
For school and city buses, filing a lawsuit gets murkier. You will need to file a lawsuit against the municipality or the specific bureau or division that oversees buses. This may include an organization such as the local transit authority or the local school system of the bus that was in the wreck.
Filing a claim against a government entity can be tough unless your injury losses are significant. Claims made against government-owned buses that involve more serious, catastrophic injuries are more likely to be considered by the courts, insurers, and government entities. Claims involving minor injuries may get dismissed under laws that protect government entities.
If you are involved in a wreck with a city-owned bus, you will need to hire a lawyer who has experience handling similar cases in your area. Every city has specific laws regarding suing the municipality, such as what paperwork needs to be filed and how long you have to file the lawsuit.
Proving Negligence In A Bus Crash
Whether you’re injured in a crash with a city or commercial bus, you must show that the driver or another liable party acted negligently (or intentionally) in order to seek compensation. Negligence is present when a person acts in a way that a reasonable person wouldn’t and, therefore, causes injury. Four elements must be proven to show negligence:
- The driver had a duty of care, including following all regulations and exercising the utmost care for passengers and others on the road
- The driver breached their duty of care
- You suffered real damages because of the bus crash
- This breach of duty was the direct cause of your injuries
Duty Of Care
Establishing that the driver owed you a duty of care is the first step in proving negligence. Proving the existence of a duty of care is typically straightforward. For example, if you are filing a claim directly against the driver of the bus, a duty of care is clearly established. This is because all drivers owe a duty of care to everyone on the road to behave responsibly.
When filing a claim against the government or the company that operates the bus, they owe a duty of care to ensure that the buses they put on the road are properly maintained and that the drivers have adequate training and screening.
Breached Duty Of Care
Once you have proven the existence of a duty of care, you will need to show how the liable party violated this duty. For a claim against a bus driver, this can be shown in many ways. For example, you could establish that they were speeding, texting while driving, or under the influence of drugs or alcohol while operating the bus.
Alternatively, when filing a claim against the bus company or government entity, you can show how they failed to properly screen their drivers, did not provide drivers with adequate training, or failed to properly maintain their fleet of buses.
Damages
Proving that you suffered damages is usually simple. The easiest way to show that you incurred damages is through medical records and testimony from medical experts.
Causation
The final element that must be established is how all the pieces fit together. You will need to prove that the damages you sustained were the direct result of the liable party breaching their duty of care. An experienced bus accident attorney serving Charlotte can help connect all the dots in a clear manner that the court will be able to easily understand.
If all four elements of negligence are proven, your bus crash lawyer may be able to get compensation for medical bills, property damage, pain and suffering, lost wages, and more.
North Carolina Is A Contributory Negligence State
While most states operate on some form of contributory negligence system that allows accident victims to pursue compensation for their damages even if they were partially to blame for the accident, North Carolina is one of a handful of states that use a contributory negligence model.
Under contributory negligence, you cannot pursue damages if you were partially to blame for causing the accident, even if your level of fault was only 1%. Because of these strict rules for pursuing compensation, it is critical that you hire an experienced attorney to help with your case.
Your lawyer will work to prove that you were completely blameless for your accident so you can pursue damages from the at-fault party. Without an attorney fighting for your rights, the opposition will be much more likely to be able to shift some of the blame onto you to avoid paying you the money you deserve.
Common Injuries After A Bus Accident
Bus accidents often result in catastrophic injuries, both for riders and for occupants of other involved vehicles or pedestrians. While even a minor injury can cause disruption in your life and result in significant medical bills, the injuries suffered in these accidents can feel insurmountable.
Individuals who suffer catastrophic bus accident injuries will have extended hospital stays, possible surgeries, and a long recovery time. Some of the injuries common in bus accidents include:
- Broken bones (fractures)
- Internal organ damage
- Major traumatic brain injuries (TBIs) that result in temporary or permanent impairment
- Major traumatic soft tissue injuries that require surgery or lengthy treatment
- Spinal cord injuries
- Injuries resulting in facial scarring or disfigurement
- Injuries that lead to temporary or permanent physical impairment
- Amputations
- Crushing injuries
- Third-degree burns
- Deaths
Bus accident victims who have injuries less severe than these can still seek compensation. Still, those with these severe injuries have a higher chance of obtaining more comprehensive coverage for all of their accident losses.
Speak To An Experienced Bus Accident Attorney In Charlotte Today
A school bus crash or any other kind of wreck involving a bus can lead to severe, sometimes fatal, catastrophic injuries for passengers and other drivers. They can also cause property damage and leave you without a way to get to work. If injured in a bus crash, you have legal options. At Auger & Auger, we have represented bus crash victims since 1995.
We know what it takes to get the compensation you deserve, and we have recovered more than $100 million for injury victims like you. Call us or complete our online contact form today to arrange a free, no-obligation consultation with a member of our legal team.
