Dedicated Legal Help for Bus Accident Victims in Atlanta
If you were injured as a MARTA bus passenger, in a school bus accident, or in a bus collision, you may be unsure where to turn to for help. Being injured in a bus accident can leave you with severe injuries and expensive medical bills that can be challenging to pay.
No matter what type of bus accident you or your loved one was involved in, navigating the legal complexities involved can be challenging. You need a personal injury attorney who will act as your legal advocate with the insurance company and work to maximize your damages.
Let Our Atlanta Bus Accident Attorneys Work for You
Durham Law has experienced bus accident attorneys who have a proven record of helping clients when they need it most. Our goal is to help you pursue fair compensation for your injuries and other accident-related damages.
Contact our Atlanta law office today to schedule a free consultation to determine your legal options.
What are the Most Common Causes of Atlanta Bus Accidents?
Just like other motor vehicle accidents, bus crashes can occur for numerous reasons. But several common factors are cited more frequently in accident reports than others.
Two of the most common causes of Atlanta bus accidents come down to driver negligence and speeding/reckless driving:
Driver Negligence
Regardless of the type of bus crash, the most common factor in collisions is human error. Distracted driving is one of the leading causes, as bus drivers are often distracted by their phones or passenger behavior. Driver fatigue is a common issue, particularly in tour bus accidents where drivers operate late at night. In other instances, inexperienced drivers struggle to brake or steer a bus through Atlanta’s heavy traffic.
Speeding and Reckless Driving
Most bus drivers have to meet tight schedules and often speed or drive recklessly to make their stops on time. Unlike a passenger vehicle that has more time to stop, the weight and speed make it challenging to stop quickly. All too often, the bus operator may also fail to obey traffic laws and engage in reckless behavior, such as running yellow or red lights at intersections, which can cause pedestrian or T-bone collisions.
Other Factors that Contribute to Bus Accidents
Aside from human error and speeding, other factors are cited in accident reports. Maintenance and mechanical failure can easily lead to an accident, especially if the bus company has failed to perform routine service on its vehicles. Brake failure, tire blowouts, and steering malfunctions are often cited as causes of bus accidents.
Still, in other instances, hazardous road conditions, poorly designed streets, unsafe bus stops, and adverse weather conditions may also be to blame.
What Steps Should I Take Immediately After Being Involved in a Bus Crash?
The aftermath of a bus crash can be chaotic. Bus passengers, pedestrians, and other motorists in other vehicles involved in the collision are often left confused about what happened and what to do next. No matter how you were involved in the bus accident, taking the right steps protects your well-being and right to file a claim.
Key steps following a bus accident include:
- Remain on the accident scene and check yourself and others for injuries.
- Contact 911 to report the bus accident.
- If you are physically able, thoroughly document the accident scene by taking photos and videos of the damage to the bus and other vehicles, as well as the weather and road conditions. Also, take pictures of the bus number.
- Obtain the bus driver’s name, ID number, and witness contact information.
- Even if you feel fine, seek medical attention immediately. Often, the adrenaline a body feels after an accident masks pain and internal injuries. Being evaluated by a medical professional creates supporting legal documentation that links your injuries to the accident.
- Avoid telling anyone, such as the bus driver or an insurance adjuster, that you “are okay” or that you feel fine. The answer is to tell them that you plan to seek medical attention.
- Do not post pictures or statements regarding the accident on your social media accounts. Insurance companies actively monitor social media for conflicting statements they can use to deny or minimize claims.
Additional Considerations
After a medical professional has examined you, consult an experienced bus accident attorney as soon as possible. Avoid talking to the insurance provider without having legal representation, as insurance companies can use your statements against you.
What are the Most Frequently Reported Bus Accident Injuries in Atlanta?
Even a minor bus accident can result in serious injuries due to the sheer size and weight of the vehicle. While many bus accident victims report soft tissue injuries such as cuts, bruises, and whiplash, others suffer significant harm.
Many bus riders suffer injuries because they were standing when the accident occurred and are thrown to the floor. Many elderly riders suffer hip or rib fractures, while seated passengers often report broken bones, including leg and knee fractures.
Other common bus accident injuries include:
- Crush injuries or internal organ damage that result from a passenger being trapped or pinned due to the collision.
- Head, neck, and back injuries, including herniated discs, from being slammed into other passengers or the seating
- Road rash from making contact with the pavement or deep cuts from flying glass
- Post-traumatic stress disorder (PTSD)
Catastrophic Injuries
As with any type of motor vehicle accident, you or a loved one could suffer catastrophic injuries in a bus accident. In Georgia, catastrophic injuries are those that are so severe that they permanently prevent you from performing your prior work or any other gainful employment. Catastrophic injuries also impact the ability to live independently or care for oneself.
Examples include:
- Traumatic brain injuries
- Spinal cord injuries leading to partial or total paralysis
- Amputations
- Third-degree burns that cover 25%+ of your body or 5%+ or most of your face or hands
Who Can Be Held Liable for a Bus Accident in Atlanta?
While many Atlanta residents recognize that bus companies are often held liable for accidents, holding all negligent parties accountable can be legally complex. State law enforces the “common carrier” principle, which holds bus operators to a higher standard than other Georgia motorists.
The Bus Driver
In most instances, investigations usually begin with the driver. A bus driver can be held liable for the accident if the collision was caused by:
- Distracted driving: An investigation may prove that the driver was using their phone, dealing with passengers, or using navigation while the vehicle was in operation.
- Impaired driving: Operating the bus under the influence of alcohol, illegal drugs, and prescription medications.
- Traffic violations: Failing to obey traffic laws such as speeding, running red lights, or failing to yield.
Bus Companies
Liability generally depends on whether the accident involved a bus operated by a public transportation system, such as MARTA, or by a private company. For example, if you were injured in a MARTA bus crash, the bus company can be held liable for driver negligence or lack of maintenance. Private companies must follow strict federal regulations and must perform background checks, provide adequate training, and check hours-of-service violations.
Other Potential Liable Parties
Other potentially liable parties include the bus manufacturer due to faulty equipment design, government entities for poor road maintenance, or a third-party driver who caused the accident.
What Types of Damages Can I Recover After Being Injured in a Bus Accident?
One of the most important questions bus accident victims ask is what type of compensation they can potentially recover after being injured in a crash. Under state law, injury victims can pursue economic and non-economic damages for the losses they have suffered.
Economic Damages
Economic damages are awarded to reimburse you for financial losses and out-of-pocket expenses incurred due to injury. Some of the most frequently awarded economic damages in bus accident cases include:
- Past and current medical expenses
- Lost wages
- Loss of earning potential
- Property damage (if applicable)
Non-Economic Damages
Unlike economic damages, which have a set financial value, non-economic damages are subjective and based on the facts of the case. Although every case differs, commonly awarded non-economic damages may include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disfigurement and scarring
What Is the Deadline to File a Bus Accident Claim?
In Georgia, victims who have been injured in a bus crash have up to two years from the accident date to file a lawsuit. But, there are specific exceptions to how long you have to file a “notice” of your intention to file a claim depending on the entity who owned and operated the bus.
Private Bus Companies
If the bus was operated by a private bus company, like a private charter or Greyhound you will have two year to file a claim to recover damages for personal injuries. If you are only pursuing a property damage claim, you will typically have four years to seek compensation.
Government Entities
If the bus is operated by a government entity, such as most school or transit buses, including MARTA, you must first send a formal written “ante litem” notice. This notice is required before you can file a lawsuit.
If your case involves a MARTA bus you have six months to file the notice. In instances involving Fulton County school buses you have 12 months to file. The deadline is extended to 12 months in cases involving a Georgia Regional Transportation Authority (GRTA) bus.
Many bus accident victims make the mistake of waiting too long to file a notice with government entities and loss their right to seek compensation. The best strategy is to seek a qualified Atlanta bus accident lawyer who will guide you through the claims process.
Contact Durham Law Today for Help Filing an Atlanta Bus Accident Claim
Regardless of whether your injury occurred on a city bus or your child was involved in a school bus accident, having skilled legal representation is essential. Our accident lawyers in Atlanta have extensive experience handling personal injury claims, determining liability, and holding all negligent parties accountable for their actions.
If you have been injured in an Atlanta bus accident, contact Durham Law today at 404-400-7813 and allow us to help you recover fair compensation for the damages you’ve suffered.
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