Although bus accidents happen less frequently than other types of traffic collisions, injuries are often devastating because buses aren’t required to have seat belts. Proving liability in a bus accident can be difficult, because it involves issues beyond the driver’s judgment, such as:
* Intoxication
* Fatigue
* Improper maintenance
* Distractions
* Speeding
* Inexperience
* Driver Mistakes
If a driver operates a charter, tour or city bus, they must have a CDL (commercial driver’s license). Therein, drivers must take and pass a road test, and have had a physical exam within the last two years. Once a driver gets a CDL, they must have a physical every two years after. Bus drivers have a responsibility to protect their passengers from harm, and even the slightest hint of negligence can mean strict liability.
Inexperience, Intoxication and Distractions
If a driver isn’t experienced in steering and handling a large bus, that inexperience can cause accidents. Impairment and intoxication is also common, as is driver fatigue from working long hours. A FMCSA study shows that most fatigue-related accidents happen at night, and that these accidents are worsened by the driver’s physical condition. Increasingly, accidents are caused by passenger activity and other distractions.
Company Liability
Cities and companies operating buses are required to educate drivers on alcohol and drug use, and drivers must undergo regular testing. Drivers should also be trained in vehicle maintenance; detailed records must be kept, and substantial insurance coverage is required. If a bus accident is due to shoddy maintenance or broken equipment, the company is responsible. Sudden starts and stops (which are often due to driver inexperience) can cause passenger injuries for which the company is responsible.
Determining Liability With Cameras and Recorders
Commercial buses failing to comply with hours of service records are now fitted with on-board recorders that list the number of hours a driver works. Fatigue is a contributing factor to many accidents, and the recorder ensures compliance while relieving some of a company’s paperwork burden. In a personal injury case, this information can help a personal injury attorney in Baltimore determine whether driver fatigue was a cause of the accident.
