When a bus crashes in New York, determining legal liability can be a complex process, partially due to the number of parties potentially involved and the varying factors that could have contributed to the cause(s) of the accident at issue.
Liability often depends on the cause of a crash, the specific circumstances surrounding it and the entities or individuals responsible for ensuring passenger safety. This last concern can be particularly challenging involving a publicly-owned bus, like a school bus utilized by a publicly-funded school district. Holding a private bus company accountable for harm is often easier than taking a public agency to task.
Potentially liable parties
Every bus crash unfolds uniquely. With that said, particularly common defendants named in bus accident lawsuits include:
- Bus drivers: A bus driver may be held liable if a crash results from negligent or reckless actions, such as speeding, distracted driving, fatigue or failing to follow traffic laws.
- Bus companies: In many cases, a bus company that owns and operates a vehicle bears significant responsibility for ensuring safe transportation. This includes hiring qualified drivers, maintaining vehicles and providing proper training. If a bus company fails to uphold safety standards, conduct adequate background checks on drivers, or schedule reasonable working hours, it may be found liable for accidents that result from these oversights.
- Maintenance professionals: If a crash is caused by a mechanical failure, liability could fall on those responsible for maintaining and inspecting the bus at issue.
- Bus manufacturers: Sometimes, a defect in a bus or its components may cause an accident. If a faulty design or manufacturing defect is found to have contributed to a crash, a bus manufacturer or the manufacturer of the defective part may be held liable.
- Other drivers: If another driver’s negligence causes or contributes to a crash, they could be held liable.
- Government entities: In cases where a bus is publicly owned, such as a city transit bus, liability may involve a government entity, such as a municipal transportation authority.
New York law generally requires that those pursuing a claim establish negligence on the part of the responsible party or parties. Seeking personalized legal guidance in the wake of an injurious crash is a good way to get started.