Bus AccidentS IN THE BAY AREA

San Francisco Injury Lawyers > Bus Accidents

Thousands of people ride buses every day. Most ride in buses that are owned and operated by a public entity, such as a city or county. Others ride in privately-owned buses, such as Greyhound or tour buses. Buses that carry passengers for money are called "common carriers" and as such are held to a higher degree of care for the safety of their passengers than ordinary negligence (carelessness).

One of the most common ways in which bus passengers are injured or killed is when the bus driver is negligent in driving the bus and causes an accident. Other injuries occur when passengers are attempting to get on or off the bus, but the bus driver fails to keep the bus completely stopped so the passenger can board or exit the bus safely. The driver of the bus must also avoid stops and starts so sudden and violent that they cause passengers to fall and get injured. The owner/operator of a bus may also be liable to a passenger for injuries caused by being assaulted by another passenger.

The bus driver must let passengers off in a reasonably safe place as close to the curb as is practicable under the circumstances. The bus company can be held liable for injuries suffered by a passenger who is let off where there is a defect in the street, such as a pothole, or in a place where the passenger is at risk of being struck by passing traffic. The definition of a "passenger" includes persons who are in the process of getting on or off the bus. A person becomes a passenger when he or she shows an intent to board the bus and the bus stops to let him or her on. A person remains a passenger until he or she has gotten completely off the bus into a relatively safe space.

The owner and/or operator of the bus is required to provide buses that are "safe and fit for the purposes to which they are put." This means that the bus must be in good working condition to carry passengers. For instance, the bus company owes a duty to see to it that the brakes are in good working order, the tires have sufficient tread, and that handrails are securely fastened to the bus.

Under the rules that apply to common carriers, when a passenger is injured or killed, there is an inference that the bus driver was negligent in operating the bus or that the owner/operator of the bus was negligent in seeing that the bus was safe and in proper working condition. The burden of proof is then switched to the bus owner/operator to prove that someone else was liable for the passenger's injuries - such as another vehicle was at fault in the accident - or that the owner/operator took all reasonable steps to protect its passengers from injury or death.

If you or a loved one has been injured or killed while a passenger on a public bus, you need to be aware that a claim for damages must be filed with the appropriate government office within six months of the accident or you may lose the right to sue the city, county, or state for your injuries or the death of your loved one.

San Francisco Injury Lawyers > Bus Accidents

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Bus AccidentS IN THE BAY AREA