A bus is a large and heavy motor vehicle that can carry more than 10 passengers including the driver. Compared to that of a single motor vehicle accident, these factors support increased injuries demanding larger monetary damages to cover legal claims. The personal injuries sustained in bus accidents are often more severe and involve a larger number of people.
Bus accidents may occur due to:
- A lack of proper training for bus drivers;
- Road conditions, inclement weather;
- Driving under the influence of drugs or alcohol;
- Talking on the phone or texting while driving;
- Limitations to bus driver visibility;
- Aggressive driving techniques, speeding or dangerous maneuvering of bus;
- Sudden acceleration or braking;
- Poor bus maintenance.
All passengers/pedestrians should know what actions to take if they are involved in a bus-related accident that negatively affects someone’s livelihood, their own livelihood, and results in damages to their person, property or ability to earn wages.
The persons that can be sued in a bus accident scenario are:
- Owner(s) of bus as employer;
- Driver of bus;
- Commercial insurer of bus;
- Regulatory agency supporting bus safety on issues of bus manufacturer and parts manufacturer;
- Reckless drivers who cause danger or changes to bus driver’s safe habits;
- Licensing agencies of privately owned and public transit vehicles, city, county or state.
Colorado uses a comparative negligence model when the injured driver’s own negligence contributed to the accident. Colorado law allows a victim to recover some of the damages that he or she sustained even if he or she was partially at fault.
The two types of damages that victims can sue for include:
1) compensatory damages – those damages causing economic (loss of wages, medical bills, and property damage) and non-economic loss to victim (pain and suffering) with a cap of $468.010; and
2) punitive damages- meant to punish the persons being sued (Defendants).
Timing limit for filing bus accident suit.
In accordance with Colorado law, filing a legal claim for a bus accident resulting in personal injury or wrongful death should be undertaken within the three-year car accident statute of limitations. If the bus was controlled by the state of Colorado or any of its cities or counties, such as a public transportation bus or a school bus, the time to file a claim is only 180 days. Bus accident injuries are generally a result of negligence by either the bus operator, bus owner, a parts manufacturer or other drivers. These include charter bus lines, school district buses, public transit buses, and tour buses. Negligence could be due to a person, owner maintenance, mechanical error, weather, other drivers or the road conditions of the transportation route itself.
Hire an attorney.
Seek professional counsel to navigate the legal process for a personal injury or wrongful death claim due to a bus accident. If you are involved in a bus accident in Denver Colorado, it is wise to contact Attorney Andrew T. Brake at the Brake Law Firm who understands the legal doctrine to support a claim for damages, and will work for the best settlement outcome for the case.
Law of Andrew T. Brake, P.C.
3615 S. Tamarac Drive, Suite 200
Denver, Colorado 80237
Phone: (303) 806-9000