HAVE YOU BEEN INJURED OR DID SOMEONE YOU CARE ABOUT DIE IN A BUS ACCIDENT IN OR NEAR ATLANTA?
Our Atlanta bus accident attorneys have recovered compensation for many residents of, and visitors to, Atlanta who have been the victim of a bus accident injury. Every year we have represented people who have been hit by a city or private bus, have been injured on a bus, or have been hurt when another vehicle ran into the bus that they were riding in. If you have been the victim of a bus accident, our injury attorneys can help you today.
Key Points:
- Many bus accidents are the result of negligent or poorly trained bus drivers or the company or government they work for.
- Due to the potential risk of injury to multiple passengers, bus companies are required by law to carry enhanced liability coverage.
- If the bus driver or company was at fault you may be entitled to compensation.
- Private bus companies are subject to Georgia’s two-year statute of limitation to settle your case or file a lawsuit.
- No 12-month ante-litem notice is required to preserve your claim against MARTA (Atlanta’s public transit system), however, given Georgia’s ever-changing legal landscape concerning local govenment law, we would recommend doing so out of an abundance of caution.
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Our Experience in Bus Accident Cases
The Millar Law Firm Has the Knowledge and Experience for Your Bus Accident Claim
For a bus accident case to be successful, it is important that the accident lawyer have an extensive knowledge of the laws and rules concerning buses. Comprehensive knowledge of the Federal Motor Carrier Safety Act (FMCSA), industry driving standards such as The Smith System of driving, and the policies and training methods of bus companies is required. In many cases, the training and qualifications of the bus driver can be an issue, as well as whether and to what extent the driver was properly trained and supervised.
Bus maintenance records, hours of driving and service, the driver’s qualification file and other records of the bus company may provide valuable evidence in the case. Other investigation such as interviewing first responders and eyewitnesses should be handled swiftly and professionally when seeking compensation for injuries in a bus accident or crash.
Buses Are a Popular But Often Overlooked Mode of Transportation in Atlanta
The Atlanta area is home to more than 100 transportation operators, including Atlanta’s MARTA service, school buses, church-owned buses, interstate coaches like Megabus, tour buses, rental services, and those affiliated with private schools. While many people think of city or MARTA when they think about buses in and around Atlanta, many of us use buses regularly without giving it much thought for tours, community or school events, or a fun outing with a social or work group.
Bus Accident Cases We Handle
Negligence is the Most Common Cause of Georgia Bus Accidents
Bus accidents do share some similar causes with conventional car accidents, but a lot of bus accidents are the result of negligence by either the bus driver, the company, or other drivers involved. Sometimes, even factors like faulty manufacturing or inadequate maintenance can contribute to an accident.
Some of the causes of bus accidents we have handled in Georgia include:
- Lack of a driver’s situational awareness
- Mistakes during changing lanes, turning, or other maneuvers
- Drivers with insufficient training or improper credentials
- Poor vehicle maintenance or neglect of repairs
- Manufacturing defects or mechanical parts failures
- Ignoring traffic laws or bus-specific regulations
- Speeding by driving faster than the posted (or safe) limit
How Our Attorneys Can Help You Today
How Can an Attorney Help Recover Compensation for an Atlanta Bus Accident Victim?
No matter the transportation company’s size, trying to get compensation for an accident claim can be a truly tough task. The larger the company, the more difficult the legal process can be as a determined corporate team can add unnecessary complexity and confusion for the accident victim. It’s also tough just trying to find the right people to communicate with!
In Georgia, accidents involving transportation companies get even harder as whose insurance should be responsible can be a pretty convoluted question. Unlike a regular car accident where insurance details are exchanged at the scene, bus companies are generally resistant to sharing their insurance information. Moreover, following a bus accident the company or government agency usually immediately sends a crew to investigate the accident and take measurements, photos and interview witnesses.
Additionally, bus accidents can involve multiple liable parties. Responsibility for your injuries may extend beyond the bus driver to other individuals involved in their training, or even those responsible for the bus’s maintenance. The bus company and its insurance company won’t want to make it easy for you to pursue (or secure) your claim.
In these situations, it’s strongly recommended that you hire an accident attorney to fight for your rights and ensure that your claim isn’t unfairly denied.
Frequently Asked Questions about Bus Accidents
How Can Passengers Prove they were Injured in a Bus Accident?
Big, heavy buses can be a blessing by offering strength and security to protect passengers during accidents. But, that’s not always the case as a collision with one of those big, heavy buses at speed can also result in serious injury.
This is especially true when the bus is hit by another large vehicle; such impacts can cause a bus to tip over or even roll, which throws its unsuspecting and unprotected passengers around like helpless rag dolls. Additionally, broken glass, flying objects, and even the bodies of other passengers can further injure victims of a bus accident.
On the less severe side of the spectrum, even the violent forces of a sudden stop by such a large, heavy vehicle or a less dramatic collision can result in injuries including whiplash, other incapacitating soft-tissue injuries, and more.
For these reasons, bus operators and commercial vehicles are held to higher standards of safety both by the government and by insurance companies. Because when accidents occur, innocent people suffer – often greatly. Witness testimony and evidence gathered immediately after a bus incident may be use to prove the how and why of a bus accident injury.
Why Fault Doesn’t Matter for (most) Injured Bus Passengers in Georgia
Accidents involving privately owned vehicles and passenger cars are usually relatively straightforward to analyze by legal teams and insurance agencies. However, for accidents involving commercial vehicles such as buses, the complexity escalates exponentially.
As a passenger, you are in a unique position where you usually have no responsibility for the damages incurred, as the bus company and its driver are responsible for your safety and are legally obligated to owe you a statutory duty of care.
If the bus you’re traveling on, however, collides with another commercial vehicle, the problem then becomes determining which party is at fault – and that can be a convoluted process. Responsibility might be attributed to one driver or both, one of the companies operating the vehicle or both, or to many other variables. As a result, determining the right party (or parties) to hold accountable for your accident-related injuries can be a frustrating, intricate task. Nevertheless, it’s important to correctly identify and hold the defendant(s) financially liable for the injuries they’ve caused!
What kind of Insurance Coverage do Georgia Bus Companies Have?
Due to the potential for severe injuries affecting multiple passengers in a bus accident, the law requires substantial insurance coverage for buses. Unfortunately, this sometimes means that the bus operator’s insurance company has a strong incentive to vigorously oppose claims against them. Large insurance providers employ teams of lawyers whose sole purpose is to go against claimants and prevent the company from having to make payments to victims, and this can be a big challenge for accident victims who don’t have legal representation of their own.
Settlement Damages You May Be Entitled To
What Damages and Losses Can You Can Claim from a Georgia Bus Accident?
Here are the types of injuries and losses that are eligible for compensation after an accident:
- Loss of income: not just loss of income from not being able to work, this also includes time spent on follow-up appointments, physical therapy sessions, or other accident/injury-related tasks
- Medical expenses: your hospital or surgical charges, as well as post-treatment care, can be covered
- Pain and suffering: you can be compensated for what you have had to endure, and what might affect you for the rest of your life, as a result of the accident
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It’s important to note that your attorney might also be able to discover additional compensable damages by thoroughly assessing the specifics of your accident!
Why You Should Not Wait to File a Claim (or get a lawyer) After Your Bus Accident
Additionally, there’s one more important reason to seek prompt legal action after a bus accident – the window of opportunity for filing is sometimes extremely brief!
Typically, individual victims of accidents have a two-year window to initiate a personal injury claim, and this includes claims against most private bus companies. However, when it comes to bus accident claims, this can change dramatically if the bus is owned and operated by a government entity.
For buses operated by certain government entities such as school districts or MARTA buses, the statute of limitations for filing a claim is the same as for regular claims, because no ante-litem notice is needed. However, if the bus is owned by another city, county or even the State Government, some deadlines can be significantly shorter than for other claims. In some situations you may have only have six months to submit a notice of claim (ante litem notice), and the requirements for what must be contained in the Notice are strict. After an accident with a county or state vehicle you may have as little as one year to file an ante litem notice. Either way, it’s important that you don’t wait to make or file your claim and choose an experienced bus accident lawyer to help get you the compensation you deserve.