Understanding the Difference Between Municipal & Private Bus Accidents
The type of bus involved in the accident significantly impacts how liability is determined. Municipal buses are typically owned and operated by city or county governments and are used for public transportation. These buses may include school buses, transit buses, or shuttles.
West Virginia has specific rules governing claims against public entities, known as sovereign immunity. However, under the West Virginia Governmental Tort Claims and Insurance Reform Act, local governments can be held liable for negligence if certain conditions are met. Speak with your attorney to determine if this law allows you to pursue compensation for injuries caused by municipal buses.
Private Chartered Buses
On the other hand, private chartered buses are owned by private companies that operate for-profit services, such as tour buses or buses rented by organizations for special events. Claims against private bus companies usually follow typical personal injury procedures.
Private bus companies are legally obligated to provide safe transportation for passengers, just like any other commercial transportation service. If the accident resulted from the bus driver’s negligence, inadequate bus maintenance, or any other breach of duty, the company may be liable.
That said, these companies tend to have robust insurance policies, and settlement negotiations tend to be very complicated.
How Liability Is Determined
Liability in bus accidents depends on proving another party's negligence. In the case of bus accident injuries, this generally means determining that the bus company, owner, or driver was negligent in some way. It may also sometimes involve bus manufacturers, other drivers on the road, or even other passengers on the bus.
Four elements are needed to establish negligence:
- Duty of care: The bus driver and company have a legal duty to ensure the safety of passengers, pedestrians, and other vehicles on the road.
- Breach of duty: This duty was breached by failing to act reasonably under the circumstances (e.g., reckless driving, failure to maintain the bus).
- Causation: The breach of duty caused the accident and directly resulted in your injuries.
- Damages: You suffered actual harm, such as medical bills, lost wages, pain and suffering, or other losses due to the accident.
Filing a Claim Against a Municipal Bus Operator
If your accident involved a municipal bus in West Virginia, you must follow strict procedures for filing a claim. Additionally, you typically have a limited time to file a notice of claim with the appropriate governmental agency—often less time than you would have to file a claim against a private citizen or private company. Failing to meet these deadlines can result in losing your right to compensation.
Because of these strict timelines and the complexities involved in proving government liability, working with an experienced personal injury attorney is strongly encouraged.
Filing a Claim Against a Private Bus Company
If your accident involved a private bus company, the process is more in line with traditional personal injury claims. You’ll need to prove the company's negligence caused your injuries.
This may involve gathering evidence like:
- Accident reports
- Maintenance records for the bus
- Driver’s employment and training records
- Eyewitness statements
- Video footage from traffic cameras or onboard cameras
Protect Your Rights After a Bus Accident
Bus accidents can result in serious injuries, leading to extensive medical bills and other losses. Whether the bus involved is operated by a government agency or a private company, determining liability and pursuing compensation can be a complicated process.
The team at Katz Kantor Stonestreet & Buckner, PLLC is committed to helping clients in the aftermath of a bus accident. We understand how daunting it can be to go up against a municipal government or private company, and we are here to help you fight for justice throughout the process.
If you or a loved one has been injured in a bus accident in West Virginia, contact us today to schedule a consultation and learn more about your options.