Bus companies—whether public or private—are bound by law to treat passenger safety as a top priority. When you board a bus, you are entrusting your well-being to a "common carrier." In Indiana, this means the operator is held to a heightened duty of care compared to standard drivers. Yet, devastating bus accidents still occur far too often. Shocking statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that nearly 300 fatal bus crashes take place every year across the United States. If you or a loved one has been impacted by a bus accident, it’s crucial to know your rights and seek the justice you deserve.
The Legal Standard for Common Carriers in Indiana
A common carrier is any entity that transports the public for a fee. This includes city transit like IndyGo, private charter buses, and even school buses. Under Indiana law, these operators must exercise the highest degree of care and diligence. This standard applies to everything from hiring qualified drivers to maintaining the mechanical safety of the fleet.
Proving a Breach of Duty
When a bus crash happens, the legal focus shifts to whether the carrier failed in its heightened duty. This might involve investigating if the bus was poorly maintained or if the driver was reckless. An indianapolis injury attorney will look for specific violations of safety protocols to build a strong case for negligence.
Driver Fatigue and Safety Violations
Drivers of large buses are often subject to strict "hours-of-service" regulations. Fatigue is a leading cause of accidents, as exhausted drivers have slower reflexes. If a driver exceeded their legal driving hours to meet a schedule, the bus company could be held liable for the resulting harm.
Identifying Liable Parties in a Bus Accident
Liability in a bus accident is often multi-layered. Unlike a typical car crash, the responsible party may not just be the person behind the wheel. Depending on the cause of the accident, you might need to pursue a claim against the bus manufacturer, a maintenance contractor, or a government agency.
Suing Public vs. Private Entities
The process for seeking compensation depends largely on who owns the bus. Private charter companies are sued like any other business, but public transit involves the Indiana Tort Claims Act. This law requires victims to follow very specific procedures and meet much shorter filing deadlines than private lawsuits.
The Role of Municipal Liability
If a city bus causes an injury, the municipality may be held responsible. However, government entities often have "sovereign immunity" protections that limit how and when they can be sued. A legal expert will determine if these protections apply and how to overcome them to secure your recovery.
Why Evidence Preservation is Critical
In the wake of a bus crash, evidence can disappear quickly. Surveillance footage from inside the bus or "black box" data from the engine can be overwritten within days. This data is often the most reliable way to prove exactly what happened in the seconds leading up to the collision.
Securing Onboard Digital Evidence
Most modern buses are equipped with cameras and electronic logging devices. These tools record speed, braking patterns, and driver behavior. An indianapolis injury attorney will act immediately to send a preservation letter, ensuring the bus company does not destroy these records.
The Importance of Eyewitness Testimony
Because buses carry many people, there are often dozens of witnesses to a crash. Getting statements from other passengers and nearby motorists is vital. These accounts help reconstruct the scene and provide an unbiased perspective on the driver's actions before the impact occurred.
Conclusion
The high standards placed on bus companies exist to protect the hundreds of thousands of people who use public transport daily. When these companies fail, the consequences are often catastrophic. If you have been a victim of such negligence, remember that you have the right to hold them accountable for your medical bills and suffering. Consulting an indianapolis injury attorney is the first step toward navigating the complex legal requirements of a bus accident claim. Protect your future by ensuring your case is handled with the expertise it requires.