If a tourist bus or a chartered bus meets with an accident on the way, there is a high chance for the passengers on the bus to be injured. It is the responsibility of the injured passengers to know who is liable for the accident. Based on that, they may sue against the party responsible for the injuries they have suffered in the accident. In some cases, it might be the mistake of the bus driver, and in some other cases, it might be the fault on part of the tour company.
Safety Offered on the Bus is Important
Normally, the tour buses are supposed to have some safety measures, to ensure that the passengers remain safe even in case of an unexpected accident. The person injured in a tour bus accident will legally be able to sue if these safety measures were not properly taken on the bus.
On the other hand, if the touring company had already taken all the possible measures to prevent an accident or to protect the passengers in case of an accident, the injured person may not necessarily be able to sue. In such a case the company will reduce its liability by proving that they had taken all the necessary measures to avoid the injury.
Nevertheless, if the injured person thinks that the precautions taken by the touring company are not sufficient to prevent injury in case of an accident, he/she may seek the help of a bus accident lawyer to sue against the driver or the touring company.
Common Carrier Laws
A bus comes under the common carrier law according to the federal as well as most of the state laws in the country. Since a tour bus is considered as a common carrier, there is a liability on the driver and the touring company to ensure the safety of the passengers and items transported in the tour bus. They are to ensure a higher level of care than the care given in the common commercial vehicles.
Therefore, if the touring company is supposed to assure such care, it is only through some willful plan or through the negligence of the driver or the company that a tour bus accident can take place. If so, the injured person has the right to sue against the driver and the touring company for their negligence. The court will then examine if there was any breach in providing reasonable standards on the tour bus.
The Reasonable Factors for Suing
It is the negligent actions of the bus company or the driver, which can be the reasonable factor for suing against them, in case of an accident. This will include keeping defective parts of the bus without replacing them, improper maintenance and repair works, lack of proper driver training, failure in giving reasonable care to the passengers, etc. This will all be considered as the breaking of safety protocols, and a breach in taking proper protection measures to avoid accidents and injury in accidents. Safety belts, cushioned seats, non-slip floors are all examples of the protection measures to be taken on a tour bus.
The decision of the court regarding the claim will be depending on whether or not the driver or the bus company showed any negligence, which in turn led to the accident. The court will examine if the driver was negligent in any manner at the time of the accident. If it is proved without a doubt that the driver or the tour bus company had contributed to the accident, the injured person can have strong evidence and thus a strong claim. On the other hand, if there is no negligence of the bus driver or the bus company found, the claim of the injured person may not stand, and his argument would not be strong.
The Need of a Lawyer
In a tour bus accident in which you have suffered injuries, it is very important to hire an experienced bus accident attorney. You will have to collect enough proofs to show that it is the negligence of the driver or the bus company that led to the tour bus accident. If you have a lawyer helping you with the case, you will be able to do this easily without much struggle. The monetary compensation that you receive in the claim will depend on the strength of the proofs you present to prove the negligence of the driver and the bus company. The video from the bus will be crucial evidence in this matter. However, if the injured person also shares some fault in the accident ad injury, the claim might be affected.
In certain cases, there may be some third parties involved whose wrong actions would have led to the accident. The victim should explain all the things to the lawyer in detail so that he can strongly build the case.