You’re on a bus heading home from work when your bus collides with a car. You’re thrown forward into the seat ahead of you, and by the next morning, your neck is stiff and painful. Your doctor confirms a soft tissue injury that will likely take months to heal.
The accident was not your fault; you were simply a passenger. But now you are stuck with a pile of bills for doctor’s appointments, medical imaging, and physical therapy. The good news is, you may be able to recover compensation, but the path depends on who caused the crash, how well you can establish fault, and how convincingly you can prove the extent of your injuries.
Who Is Liable for Your Bus Accident Injuries?
A key ingredient in a legal claim is liability. To establish liability, you need to show that a person or entity had a duty to protect your safety, that they failed to fulfill that duty, and that you suffered damages as a result.
The following parties could be liable for a bus accident:
Government
Certain buses, such as city buses or school buses, fall under the umbrella of government entities. For example, a city bus in Las Vegas is operated by the Regional Transportation Commission (RTC) of Southern Nevada. Government entities like the RTC operate under different legal rules than private parties, which we’ll cover below.
A government entity may also be responsible if it failed in its responsibility to keep road conditions safe. For example, maybe the city of Las Vegas failed to fix a deep pothole or to keep traffic lights operating properly.
Private Bus Companies
If you were riding a private bus, such as a sightseeing bus, and your accident occurred due to a bus driver’s error or poor bus maintenance, you may be able to sue the private company responsible for the bus.
Another Driver
Let’s say that your bus accident occurred because another driver ran a red light, rear-ended your bus, or cut into the bus’s driving path. In that situation, your claim is against the at-fault driver’s insurance and will follow the same process as any other motor vehicle accident case.
The Bus Manufacturer
When a bus malfunctions due to a problem with the way the bus was manufactured in the first place, you may have a legal case against the company that built the bus or its components. This falls under product liability law. It requires a unique legal path but can yield significant compensation.
As a bus passenger, you occupy a distinct position under vehicle accident law. Unlike drivers, you have no control over the vehicle and can’t be assigned fault for how the crash happened.
In cases where fault is shared between different entities, Nevada’s modified comparative negligence system allows you to pursue compensation from multiple parties, with each one’s liability determined by their share of the fault.
What if You Were Injured Without a Collision?
Not all bus passenger injuries happen in crashes. A bus that brakes suddenly, accelerates too fast, or takes a sharp turn can throw passengers off balance, especially those who are standing or have not yet found a handhold. These injuries are more common than most people realize, and they can be legally valid if you can prove that the driver was at fault.
Documentation matters more in these cases than in crash situations. Without a police report or vehicle damage to establish the event, you are relying on evidence that may include your incident report with the bus company, witness testimonies, and your medical records.
What Compensation Can Bus Passengers Recover?
Depending on the circumstances, you may be eligible to recover:
- Medical expenses, including emergency care, imaging, surgeries, and rehabilitation
- Lost wages for time missed from work while you recover
- Future medical costs when injuries require long-term or ongoing treatment
- Pain and suffering for the physical discomfort and emotional distress caused by the accident
- Property damage for personal belongings lost or damaged in the crash
The total value of your claim depends on the severity of your injuries, the length of your recovery, and which parties share fault. A soft tissue injury that heals in a few weeks is handled very differently than a spinal cord injury or traumatic brain injury that affects your ability to work long-term.
For more severe health issues, contact a lawyer who specializes in these types of injuries. For example, a traumatic brain injury lawyer can help connect you with the best medical specialists in Las Vegas. They can not only help you heal but also document the critical medical evidence that supports your legal claim.
Government Entities Can Limit Your Compensation
If a government entity is liable for your injuries, the rules change. Nevada law requires you to file a formal written notice of claim within 90 days of the accident if you intend to pursue compensation from a government entity. This is different from cases against private bus companies, which allow a two-year window for injury claims.
If you miss your 90-day window to file your claim against the government, you may forfeit your right to recover damages entirely, no matter how strong your case is.
The notice of claim must include specific information, including a description of the accident, the nature of your injuries, and the damages you are seeking. A Las Vegas attorney who specializes in car wrecks can help you prepare this document correctly. An incomplete or improperly filed notice can have the same effect as a missed deadline.
When a government entity is responsible for your injuries, a concept called “sovereign immunity” comes into play. In the past, sovereign immunity kept you from suing the government at all. Today, you can sue for damages, but the government places a cap on what they will pay.
If that cap does not cover your losses, you may find yourself in a very frustrating place, but an attorney may be able to find a workaround. For example, the driving and daily operations of city buses are often outsourced to private companies. A skilled attorney can explore your options for suing the private company, which is not subject to sovereign immunity caps.
Steps to Take After a City Bus Accident
Acting promptly after a bus accident protects both your health and your legal claim.
- Get medical attention right away. Some injuries, including whiplash and internal damage, do not appear immediately. A prompt medical evaluation helps protect your health. It also creates a record connecting your injuries to the accident, which is essential for your legal case.
- Report your injury before leaving the bus. Notify the driver and ask about filing a formal incident report with the transit authority. This creates an official record that your injury occurred on their vehicle.
- Document the scene as thoroughly as possible. Take photos of the bus interior, the accident scene, any visible injuries, and any property damage.
- Collect witness contacts. Get contact information from other passengers who witnessed what happened.
- Build your paper trail. Keep all incident reports, medical bills, treatment receipts, and communications with the insurance companies. You should also keep a daily journal tracking your days off work, your pain levels (and how they change from day to day), and how your injuries affect your routine.
- Have an attorney help you gather evidence. Evidence from bus accidents can disappear quickly. Bus depots may erase internal video footage, and transit authorities will act quickly to protect themselves and their drivers. They have teams of lawyers who are very skilled at undermining insurance claims and minimizing payouts. An attorney can help get data about bus activity leading up to the crash and request internal video files. They can build a strategy to hold all responsible entities accountable, whether it be a government entity, a private company, another driver, or a combination of at-fault parties.
- Use caution when making statements. Insurance companies and government agencies move quickly to gather information and protect their own interests. Get legal guidance before speaking with them so you can avoid saying things that could limit your recovery.
Move Quickly to Protect Your Rights
If you were hurt in a bus accident caused by someone else’s negligence, you deserve compensation. But you’ll want to act quickly to start your claim, especially if you are dealing with a government entity that requires notice of a claim within 90 days.
Because these legal claims often involve multiple entities and evidence that the bus operator must provide, it’s a good idea to work with an experienced attorney to cut through the complexity. They can keep you from making mistakes that could compromise your case and help you create a strategy to recover every benefit you’re legally entitled to.