Every day, hundreds of people use buses with the expectation that they will arrive safely at their destination, but unfortunately, bus accidents across the nation yield staggering injury and fatality statistics each year. As a major city and metropolitan area, Philadelphia and southeastern Pennsylvania are served by numerous operators and many types of buses from throughout the United States. Bus accidents can occur in an array of types of buses, which can include long-haul, private interstate transportation providers, like “Chinatown buses,” short-range commuter shuttles, and other passenger-carrying motor carriers.
In addition to national carriers, Philadelphians rely on the Southeastern Pennsylvania Transportation Authority (SEPTA) to navigate the city and adjacent suburbs. SEPTA manages and runs buses, subways, and regional rail lines throughout Philadelphia and the Greater Philadelphia area.
If you or someone you love has been injured in a bus accident, you may be able to file a bus accident liability claim in order to be compensated for your losses. The experienced lawyers at The Reiff Law Firm understand how emotionally, physically, and financially devastating these types of accidents can be and have helped hundreds of clients who may have suffered similar losses to your own. Do not hesitate to call our law offices at (215) 709-6940 to begin your free consultation.
The Statute of Limitations for Bus Accident Lawsuits
Under Pennsylvania law, an injured person generally has two years to file a claim in civil court. If you were a passenger on a commercial bus line, this deadline could apply to your case. However, if the accident occurred out of state, that state’s law could govern your claim. Our skilled bus accident attorneys will examine the circumstances surrounding your accident to ensure that your claim complies with any applicable deadline.
The Pennsylvania Tort Claims Act further complicates claims against SEPTA. If you are involved in an accident involving SEPTA, you are required to provide written notice to SEPTA of your potential claim. The written notice must include the date, location, and time of the accident, along with the injured individual’s name. Other information might be required depending on what occurred.
This notice must be sent to SEPTA within six months of the accident. It is critical to protect your rights and contact our Philadelphia bus accident attorneys immediately following an accident. Even though you have two years to file your claim in court, without the written notice, your case will likely be dismissed.
Determining Liability for a Bus Accident in Philadelphia
If you were injured in a bus accident in Philadelphia, you should be aware that there are multiple parties that could be held liable for your injuries.
First, the bus driver who caused the accident could be held liable as they had a duty to act with care while transporting passengers. However, the bus driver is not the only party that may be held liable for the accident.
As the bus driver was operating within the scope of his employment with the bus company when they caused the accident, the bus company can also be held responsible for the accident in their role as the driver’s employer. This is referred to as vicarious liability.
The bus company can also be responsible in its own right for mistakes like improper hiring or retention of bus drivers, maintenance or upkeep problems with the vehicles they own, and more. When a bus company is liable in this way, it might share liability with the driver or other at-fault drivers.
Other at-fault drivers can also be responsible for a bus crash. If you were a passenger on a bus, and you were hit by another dangerous driver, you, the bus driver, and other passengers might all be victims, with no blame attributed to the bus driver at all. In some of these cases, the bus company could share liability for safety issues that made the crash worse or made it harder for the other driver to avoid crashing into the bus.
Additionally, if the accident was caused by some manufacturing defect, the company that manufactured the defective vehicle equipment or parts may also be added to the case as a defendant.
Proving Negligence in a Bus Accident Case in Philadelphia
When an injury is caused by the negligent conduct of a bus driver, bus owner, or another party, accident victims have the right to seek compensation through a personal injury lawsuit. There are many causes of preventable bus accidents in Philadelphia.
Inexperienced Driver
The vehicles used by bus are large commercial buses designed to carry several passengers at a time. When operating a vehicle like this, it is expected that the bus driver was adequately trained. If a bus operator did not receive sufficient training, it is more likely that they can cause a serious accident. For example, a poorly trained driver may struggle when attempting to make tight turns on busy streets or while trying to maneuver in traffic.
Distracted Driving
Distracted driving is one of the leading causes of all motor vehicle accidents. Bus drivers are no exception. Federal law prevents bus drivers from using a cell phone unless it is a hands-free device. Still, some drivers ignore this regulation. However, bus drivers face other distractions that are related to their employment. For example, a driver’s attention could be drawn by the conduct of a passenger. It is also common for a bus driver to eat at the wheel, especially if they are in the middle of a long trip.
Fatigue
Commercial bus drivers often work long hours, resulting in drowsiness. Other drivers might not take the time to get the sleep they require and start their shift already tired. Driving a bus takes a significant level of concentration and, if a driver is feeling the effects of fatigue, they are liable to make a costly error.
Reckless Driving
Bus drivers make the same mistakes and poor decisions other motorists make. If a bus driver is behind schedule, they might drive at an excessive speed. Buses are much harder to control when traveling at high speeds. Furthermore, the force of a collision while exceeding the speed limit could result in catastrophic injuries.
In other cases, a bus driver could switch lanes without checking their rearview mirrors or confirming their blind spots were free of traffic. When a bus makes an erratic maneuver, passengers could be thrown from their seats.
Intoxication
The consumption of alcohol or medication prior to operating a vehicle is a poor idea whether a person is transporting passengers or driving their personal vehicle. Drivers that are intoxicated will suffer from decreased reaction times and will make poor decisions on the road. Additionally, as buses are large vehicles that are difficult to maneuver, a bus driver will place passengers and motorists at risk if he arrives at work while intoxicated.
Speeding
Any person that has been on a bus understands that passengers will often sway or jump when the vehicle hits even a small bump in the road. This often requires the bus driver to be especially careful to avoid hitting potholes or debris that could injure a passenger. However, when a bus driver decides to speed or drive recklessly, the potential for a passenger being injured increases.
Speeding over potholes and other debris could catapult a passenger into a hard surface, which could result in a long-term injury.
Other Negligent Drivers
In some cases, the bus driver is not a fault for an accident. When another motorist improperly changes lanes or fails to yield the right of way to a bus, a collision could occur. Depending on the circumstances, liability could be shared between another motorist and the bus driver.
Poor Maintenance
Bus owners have an obligation to inspect their vehicles and perform regular maintenance to ensure they are roadworthy. If a poorly maintained bus experiences a malfunction or systems breakdown, the driver could lose control and cause a devastating accident.
Poor Training or Hiring Practices
Bus companies and municipalities have a responsibility to hire qualified drivers and ensure that their drivers are professionally trained. If a bus driver with a poor driving record is hired, the company could be held accountable if the driver causes an accident.
The Process of Filing a Bus Accident Claim in Philadelphia
As mentioned above, the procedures required for suing a public agency like SEPTA might be a bit different. Those rules would also apply to suing a school bus in many cases. Aside from those additional rules, bus accidents usually get resolved through the following steps and stages, and our bus accident lawyers can help you every step of the way:
Insurance Claims
If you were in another vehicle when a bus hit you, you should have insurance that will allow you to receive some damages from your own insurance before going after the at-fault driver’s insurance. This could provide some payments in the interim, but it is important to talk to a lawyer about what your insurance covers and what damages should be paid by the at-fault parties. You should also never accept any money from insurance before speaking with a lawyer just to make sure it does not work as a settlement that takes away your right to sue further.
In a claim against the at-fault driver, whether you were a passenger in the bus or you were in another car, your claim will likely be hard to resolve as an insurance claim. Initial insurance claims often lead to low-dollar settlement offers that seem high but ultimately fail to cover large areas of your damages. Our lawyers can help you reject this offer and negotiate for a better settlement. In many cases, the settlement will not improve, and our attorneys will be forced to take your case to court.
Filing a Lawsuit
When we file your case in court, we file a “complaint” that lays out all of the facts and evidence we have, explaining what the defendant did and what damages they owe you because of it. The defense will respond, and multiple rounds of filings, briefing, and oral arguments may be scheduled before your case moves on to the more substantive stages of a claim.
Negotiations
Throughout the legal process, our lawyers will be seeking to negotiate with the defense. If they still fail to offer you a fair settlement, our lawyers will have no qualms about taking your bus accident case to trial, where we put the question of damages and fault before a judge and jury.
Discovery
During the discovery stage, our lawyers and the defense lawyers exchange all evidence we have. We also get the opportunity to subpoena bus company records and other evidence from the defense and to take depositions of witnesses, defendants, bus drivers, and other relevant parties. Evidence is always to be shared in a legal case; we do not do trial by surprise, and we are entitled to all evidence they have access to.
Trial
At trial, our lawyers can take your case before a judge and jury to have it decided. As the plaintiffs, we go first, presenting your case through witnesses, testimony, and evidence. The defense gets an opportunity to cross-examine our witnesses, and when they get their turn to present their defense, we get a chance to cross-examine everything they present.
The goal here is to convince the jury that the defendant violated a legal duty they owed you, and that the legal violation was what caused your damages. We also need to convince them of the value of your damages. It is up to the jury, not the judge or the insurance company, to find the defendant at fault and to determine the value of your damages, all based on the evidence we present.
If there are legal issues that arise during the case, the judge resolves them. For example, the admissibility of certain evidence – such as potential hearsay statements in bus company records or crash reports – might be debated before the case goes to trial. We will also likely have arguments over expert reports, jury instructions, and other details. Once the case is in front of the jury, any legal disputes beyond typical objections and things like that should be handled outside the presence of the jury.
After the cases are presented and closing arguments are made, the jury deliberates and decides your case. Sometimes defendants will offer last-minute “courthouse steps” settlements during trial, but if they are not good enough to cover your damages, our lawyers will advise you against taking them.
Damages in Bus Accidents in Philadelphia
When you file a lawsuit for a bus accident, you can ultimately recover damages for any harms you face because of the defendant’s actions or mistakes. This often includes medical expenses, lost wages, and pain and suffering – the three main areas of damages that you can claim in most injury cases. If you were driving your own vehicle when you were hit by a bus or you suffered other property damage during a bus crash, that can also be reimbursed.
When suing SEPTA and other public entities, your damages might be capped. However, there may also be other parties we can include in the lawsuit, such as other at-fault drivers, who can pay beyond SEPTA’s limits for their own share of damages.
In some cases, punitive damages are also assessed against the defendant. These damages are there to punish the defendant for what they did. This could come up in cases where the defendant’s actions were more than mere negligence, such as in cases of drunk bus drivers, serious federal regulatory violations, or repeat practices that endanger riders. These damages are not used to reimburse you, so they are instead based on how bad the defendant’s actions were and how much the judge can order them to pay to make them feel the consequences of their actions.
Filing a Lawsuit Against SEPTA for a Bus Accident in Philadelphia
SEPTA buses run throughout Philadelphia. While you could file a claim against SEPTA if you were injured in an accident, there are limitations. A SEPTA driver could only be held liable for any damages if they were operating their vehicle negligently. Some examples of negligent conduct including colliding with another vehicle, hitting a fixed object, striking a pedestrian, driving under the influence of drugs or alcohol, falling asleep, or ignoring other traffic rules or regulations.
Additionally, there are limits on SEPTA’s liability. Under Pennsylvania’s Tort Claims Act, SEPTA is protected by sovereign immunity in many cases. To hold SEPTA liable for your damages, the action must meet one of the exceptions under the law. For example, neither SEPTA nor the driver could be held liable if the bus is not in operation. Typically, “not in operation” means the vehicle is either stopped or parked.
Lawsuits against SEPTA are highly dependent on the facts of the case. To read more about the specifics involved in filing a case against SEPTA, click here to read more:
Philadelphia SEPTA Bus Accident Lawyers
Crashes Involving “Party Buses” in Philadelphia
People hire a party bus for a variety of occasions. Whether it is for a prom, graduation, a bachelor party, a bachelorette party, or a wedding people generally rent a bus of this type – and the driver’s services – to have a good night out while being safe and responsible. In light of the intense public service messaging push discouraging drinking and driving and the harsh penalties for DUI, the usage of party buses can only be expected to increase. However, not all businesses that supply the party bus and driver operate with the same level of care when providing their party bus services. The failure to do so can result in severe injuries or even the death of the party bus occupants.
Unfortunately hiring a party bus does not necessarily guarantee an incident-free evening. In a number of scenarios well-meaning and responsible individuals who hired a party bus to provide transportation to and from their celebratory destination nevertheless suffered severe injury or wrongful death. Some of the scenarios where catastrophic party bus injuries have occurred include:
Fall Through Front Bus Doors
If the front doors of the party bus are defective, unsafe or of insufficient strength a vehicle occupant can tumble through the doors and into traffic or other hazards. In one incident in September 2013, a 24 year old Los Angeles-area man fell through the front doors of a party bus to his death. The bus involved in the accident was under an out of service order that was ignored by the operator.
Insufficient Supervision of Riders
If the party bus operator fails to account for all members of the party or otherwise fails to take note of his pay customers, injury can occur. Perhaps the most common reason for a lack of supervision injury is when the bus strikes or runs over a passenger who is attempting to board at the last moment as it pulls out.
Fall From Rear Emergency Door
A defective or improperly secured rear emergency door can also lead to fatal injuries. In a May 2013 incident in Kansas City a bachelorette party attendee fell out of the party bus’ rear emergency exit while the vehicle was traveling on the highway. She was hit by 3 vehicles and was, tragically, pronounced dead at the scene.
Insufficient Bus Lighting
Insufficient overheard or track lighting can increase the likelihood of fall injuries for bus occupants. When alcohol is a known and foreseeable risk factor, special care should be taken to protect those who have entrusted the party bus company with their health and safety.
Party Buses May be Regulated at the Federal Level
Passenger carrying motor carriers are regulated by the federal government when the gross vehicle weight of the party bus or van exceeds 10,000 pounds and the vehicle is used in interstate commerce. Most, if not all companies engaged in the small scale for-profit transportation of passengers will find themselves regulated at some level. The level of regulation is dependent upon the form of compensation the party bus company receives. Companies that receive direct compensation for their transportation services are regulated more closely than those receiving indirect compensation. In general, the difference between direct and indirect compensation is that direct compensation includes payments made directly from passenger to the company for transportation services only. Indirect compensation includes situations where the transportation services are merely party of a travel package that provides other benefits.
Companies receiving indirect compensation, generally, fall under less stringent regulatory standards. However, they must still file a motor carrier identification report, keep and accident log, comply with all driver restrictions regarding cell phone use or texting, carry vehicle USDOT identification and maintain an accident register. At both levels of regulation the company must also adhere to out of service orders and other safety orders issued by the Federal Motor Carrier Safety Administration (FMCSA).
Our Philadelphia Bus Accident Attorneys Can Help
No two bus accident injury claims are the same. Depending on the potential defendant and the crash location, an accident victim could be looking at several legal hurdles. The attorneys and staff at the Reiff Law Firm have the expertise and resources to handle the most challenging bus accident claims. Timing is vital, especially if you were hurt in a crash involving SEPTA. Do not hesitate to call our law offices at (215) 709-6940.
