Buses carry many people at once, and the company or agency that operates them may owe a higher duty of care than an ordinary driver. Claims against public transit or school districts also come with special procedures and deadlines.
Types of bus crashes
- City and transit buses run by public agencies.
- School buses operated by districts or contractors.
- Intercity and charter coaches run by private carriers.
- Shuttle and tour buses.
Who may be responsible
- The bus driver, for negligent driving.
- The company, agency or school district that employs the driver.
- A contractor or maintenance provider.
- Another driver who caused the crash.
- A manufacturer, if a defect contributed.
Special rules to know
- Claims against government entities often require a written notice of claim within a short window, sometimes a few months.
- Some states limit damages or immunity against public agencies.
- Many states treat bus operators as common carriers with a high duty of care to passengers.
- Commercial drivers are subject to licensing and hours rules.
What a lawyer does
- Sends preservation requests for video, driver records and maintenance files.
- Files any required notice of claim on time.
- Identifies all responsible parties.
- Collects medical records for every injured passenger when several are hurt.
- Negotiates with the carrier's insurer or pursues suit.
If you were on the bus
- Get medical care even for minor symptoms.
- Take photos and get names of other passengers and witnesses.
- Keep your ticket or pass, and note the route and bus number.
- Report the crash to the operator and ask for an incident report.
- Note the notice deadline for public carriers.
Typical timeline
- Medical care and evidence preservation.
- A notice of claim to a public agency, if required, within its short deadline.
- Investigation of the driver, maintenance and route records.
- Negotiation with the carrier or public entity.
- Lawsuit if needed, with discovery of the operator's safety history.
Documents to bring to a lawyer
- Your ticket, pass or receipt.
- The route and bus number.
- Photos and names of other passengers and witnesses.
- Any incident report you were given.
- Medical records and bills.
The duty of care owed by bus operators
Many states treat bus operators and other public transportation providers as common carriers that must use a high level of care to protect passengers. That can make passenger claims easier to frame, but claims against a public agency are subject to special notice rules, short deadlines and sometimes limits on damages.
Types of injuries and claims
- Sudden braking and collisions that cause falls and impact injuries.
- Injuries during boarding and exiting, including closing doors.
- Wheelchair securement failures.
- Crashes with other vehicles or pedestrians.
- Assault or negligent security on transit.
Claims for children and school buses
Parents or guardians usually bring claims for injured children. Courts may need to approve settlements for minors, and some states extend filing deadlines for children. School districts are public entities with notice requirements, so ask quickly about deadlines.
Economic and non-economic damages
Economic damages are the losses with a price tag: medical bills, future care, lost income, lost earning ability and property damage. Non-economic damages cover pain, suffering, emotional distress, scarring and loss of enjoyment of life. A spouse may have a separate loss of consortium claim in many states. Punitive damages are rare and are reserved for conduct such as drunk driving or deliberate safety violations, and many states cap or limit them.
Taxes on injury recoveries
Compensation for physical injuries is generally not taxable under federal law, but punitive damages and interest usually are, and a recovery for lost wages tied to a physical injury is treated like the injury award. State rules can differ. Ask a tax professional before you rely on this.
Frequently asked questions
Can I sue a public transit agency?
Often yes, but you must usually follow special notice rules and deadlines.
What if my child was hurt on a school bus?
Parents can usually bring claims for minors, and deadlines may be extended for children in some states.
Are all passengers entitled to the same compensation?
No. Damages depend on each person's injuries and losses.
How soon must I give notice to a city transit agency?
Often within a few months. Check your state's rule right away or ask a lawyer.
Are all passengers treated the same?
No, each passenger's damages depend on their own injuries and losses.