Chicago Bus Accident Lawyer

bus accident

News of a tour bus crash that resulted in one fatality and several serious personal injuries in southern Illinois in August 2012 shocked many Illinois residents. The bus, which had left Chicago for St. Louis, was a privately operated inter-city tour bus. In another deadly incident in Chicago just days later, a 76-year-old pedestrian died when a tour bus side-swiped her.

Such “megabus” operations have become popular because they offer inexpensive fares. Also, many companies now offer daily bus trips to casinos in Joliet, Elgin and Rock Island, Illinois.

But privately operated tour buses have also become notorious across the country due to serious accidents. In 2011, there were eight serious tourist bus crashes, resulting in 28 occupant deaths, the Federal Motor Carrier Safety Administration (FMCSA) says.

Bus Safety Violations

In May 2012, the FMCSA launched the single largest safety crackdown in its history and shut down 26 bus operations, declaring them imminent hazards to public safety. The FMCSA also ordered 10 individual bus company owners, managers and employees to cease all passenger transportation operations, including selling bus tickets to passengers.

In a follow-up report, the FMCSA said its investigators had found multiple safety violations among all of the carriers, including:

  • Using drivers without a valid commercial driver’s license (CDL)
  • Failing to have alcohol- and drug-testing programs
  • Operating vehicles that had not been regularly inspected and repaired
  • Exceeding hours-of-service limits.

“These many safety deficiencies, individually and in combination, posed a serious safety threat to passengers and motorists on our roadways,” the FMCSA said.

Common Causes of Bus Accidents

Common causes of privately operated tour bus crashes, as cited by the FMCSA action plan for avoiding such incidents, include:

  • Driver fatigue
  • Driver behavior, i.e., distracted driving (in particular the use of cell phones while driving)
  • Lack of vehicle maintenance
  • Operator oversight.

Cell phone use by drivers is particularly dangerous. An April 2011 FMCSA study concluded that it is “clear that wireless communication devices, such as cell phones, are widely adopted and present in CMVs (commercial motor vehicles). The analysis suggests that these sources of distraction may increase the risk of safety-critical events occurring.”

In November 2011, the FMCSA announced a total prohibition on using hand-held cell phones while operating a commercial truck or bus.

Additionally, there is a concern that tour bus operators may be overloading buses with passengers in Chicago, Illinois and elsewhere in the U.S. In 2012, the FMCSA issued a safety advisory bulletin warning that a tire on a bus “loaded beyond its weight rating, operated at highway speeds for a significant period of time, is more likely to overheat and fail, possibly placing the lives of passengers and other motorists at risk.”

Unfortunately, unscrupulous operators and/or negligent drivers are not always guided by safety rules and regulations when there is money to be made. When skirting or ignoring rules and regulations contributes to accidents that cause injury and death, those responsible can and should be held accountable. This includes drivers and the companies who employ them. Those injured or who suffer the loss of a loved one in a bus crash deserve to be compensated.

How Common Are Bus Crashes in Chicago?

In the Federal Motor Carrier Safety Administration’s (FMSCA) most recent annual Large Truck and Bus Crash Facts report, 13,000 bus collisions involving injuries occurred in the United States. Another 231 bus crashes involved fatalities.

The National Highway Traffic Safety Administration (NHTSA) reports the breakdown of fatal bus crashes as the following:

  • School buses accounted for 40 percent of crashes
  • Transit buses accounted for 35 percent of crashes
  • Intercity buses accounted for 12 percent of crashes
  • Other types of buses accounted for 13 percent of crashes

The U.S. Department of Transportation reports that approximately 183 bus accidents happen every day, accounting for 67,000 crashes annually.

In one recent year, 850 people were injured in bus crashes in Illinois, and eight people were killed. That same year, 421 people were injured in Chicago bus crashes. ABC 7 Chicago reports that one Chicago Transit Authority (CTA) bus accident occurs every 36 hours.

Bus Crash Cases We Handle

Our law firm handles a wide variety of bus accident claims, including those that involve:

  • CTA and other local mass transit buses
  • Suburban, Pace, and other private bus companies
  • Greyhound and other interstate passenger buses
  • Charter buses
  • Tour buses
  • School buses
  • Airport shuttles
  • Bus accidents resulting in pedestrian or cyclist injuries

Who Is Responsible for a Bus Accident?

Various parties may be responsible for bus crashes, depending on the circumstances. Potential at-fault parties may include:

Bus Drivers

The first party you may turn to for compensation may be the bus driver. Drivers are responsible for safely transporting bus passengers from one location to another. Sometimes, they may drive unsafely and injure passengers or occupants in other vehicles. Bus drivers may be responsible for collisions caused by:

  • Drunk driving
  • Driver fatigue
  • Distracted driving
  • Speeding
  • Failing to yield

Companies that Operate Buses

Different entities or companies may operate buses. For example, school districts operate school buses. Public bus companies like Greyhound operate their buses. Private companies may also operate buses. These companies are responsible for their own negligent actions, as well as the careless actions of their drivers.

Bus Manufacturer

If defective parts contributed to the accident, the bus or parts manufacturer might be responsible for your injuries.

Bus Mechanics

Buses have thousands of parts that must be properly maintained so that they are in good working condition. Buses with worn brakes, suspension problems, or damaged tires can pose a safety risk to everyone onboard. If a mechanic performs subpar repairs on a bus or fails to maintain the bus, they may be responsible for the resulting injuries.

Other Drivers

Some bus crashes happen when other drivers violate traffic rules or drive in a careless manner. Other drivers may be to blame when the crash is caused by:

  • Speeding
  • Distracted driving
  • Following too closely
  • Running a red light or stop sign
  • Failing to yield the right of way
  • Driving in areas reserved only for buses

How Bus Accident Cases Are Different from Other Motor Vehicle Accident Cases

Bus crash cases are very different from other types of motor vehicle accident claims. Some of the major differences include:

  • Multiple parties may be at fault – In a typical car crash claim, you may be suing or making a claim against one person. Bus crash personal injury lawsuits may name several defendants, including the bus driver, the bus company or transportation authority that employs the driver, the manufacturer, or other negligent parties.
  • The claims process is different – If the claim involves a governmental entity, you may have less time to file your claim. Additionally, there may be special rules you must follow.
  • The claim is more complex – Chicago bus accident cases can be quite complex. Serious bus accidents may cause catastrophic injuries to multiple people. Accident victims may seek compensation of a more significant value because their injuries are more severe.

If you were injured in a bus crash in Illinois, a Chicago bus collision lawyer from Salvi, Schostok & Pritchard P.C. can help.

Legal Standards for Common Carriers, Public Transportation, and Government Entities

Public transportation providers are considered common carriers. Due to this classification, they owe passengers the highest duty of care. This duty of care extends beyond the normal standard of care that an individual driver has. As such, these companies can be held liable for injuries caused by the intentional acts of their employees, as well as the acts of other passengers when they had notice of a danger. This duty may sometimes require bus drivers to eject passengers whose disorderly conduct poses a danger to others. If a private company’s employee causes a bus collision, the victim can seek compensation in a civil claim.

If the government is responsible for operating the bus, the victim may still be able to pursue compensation for the injuries they suffered in a crash. However, they may be more restricted with their legal action due to immunity issues or a shortened deadline to file a claim.

Experienced bus accident law firms like Salvi, Schostok & Pritchard P.C. understand these complex laws. They can take immediate steps to protect your rights following a bus crash.

Proving Liability in a Bus Accident Claim

Proving liability is often more complicated when buses are involved than when only passenger vehicles are involved in a crash. Several parties may have acted negligently, resulting in the collision. Bus drivers are subject to a heightened standard of care while transporting passengers, so the rules that apply to them may be different.

A company that employs a negligent driver may be responsible for the acts of the driver. Additionally, it can be held liable if it negligently employs drivers. Mechanical failure could also contribute to the crash.

An experienced bus crash lawyer can assist you with your bus accident claim by:

  • Investigating the accident and identifying all at-fault parties
  • Reviewing evidence from the accident scene, such as roadside debris, skid marks, and damaged vehicle parts
  • Interviewing witnesses and obtaining statements from them about how the collision occurred
  • Reviewing the police report and bus company accident report for inconsistencies
  • Communicating with the insurance company on your behalf
  • Reviewing bus company records, including employment records, drug and alcohol tests, maintenance records, and mechanical reports
  • Demanding full compensation for the injuries you suffered

Potential Compensation in a Bus Accident Lawsuit

Because passengers do not usually wear seat belts, collisions involving buses may cause serious injuries. Bus passengers can slam into the sides of the bus or each other. Bus accident victims may suffer injuries such as:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Crush injuries
  • Soft tissue injuries
  • Post-traumatic stress disorder

Treating these bus crash injuries can be expensive and may require a significant recovery period. Through a bus accident claim, you may be able to recover compensation for your:

  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Damages resulting from permanent disability or disfigurement
  • Pain and suffering
  • Mental and emotional anguish and distress

In the most tragic cases, bus accident victims die because of the careless actions of others. In these situations, financial compensation may be available to help ease the burden of losing a loved one, such as payment for funeral and burial expenses, any care your loved one received before dying, and loss of companionship.

A bus accident lawyer can give you a better sense of how much compensation you might be entitled to when you contact us.

Contact Our Chicago Bus Accident Lawyers

If you or a loved one of yours has been injured in an Illinois tour bus or “megabus” accident, you have a right to pursue compensation for your injuries and losses.

Contact an Illinois bus accident lawyer at Salvi, Schostok & Pritchard P.C., today for a free and confidential evaluation of your case.

Call us toll free or complete our online contact form.

Sources: