Atlanta Bus Accident Lawyers

How Common are Bus Accidents in Atlanta?

Bus accidents happen more often than many people realize. In 2023, the Atlanta metro area recorded around 80 bus accidents, including incidents involving public transit, school buses, and private charter buses. These crashes resulted in 45 injuries and 5 fatalities.

School buses, in particular, have been a major concern. Over the last decade, Georgia (where Atlanta is located) ranked third in the country for fatal school bus crashes, with 60 accidents causing 65 deaths between 2013 and 2022.

Common Causes of Bus Accidents in Atlanta

Bus accidents can be caused by a variety of factors, but in many cases, they happen because someone acted carelessly or failed to follow safety regulations. In legal terms, this is called negligence. To prove negligence in a bus accident case, you must establish four key elements:

• Duty of care:  The bus driver, bus company, or another responsible party had a legal duty to ensure the safety of passengers, pedestrians, and other motorists.
• Breach of duty:  The responsible party failed to uphold that duty. This could mean a driver was speeding, distracted, or under the influence, or that the bus company failed to properly maintain the vehicle.
• Causation:  The breach of duty directly led to the accident.
• Damages:  The accident caused injuries, financial losses, or emotional suffering.

To build a strong case, you need solid evidence such as police reports, witness statements, maintenance records, and expert analysis. Thompson Law’s Atlanta bus accident lawyers can gather and present the necessary evidence to prove your claim.

Bus Driver Negligence

Bus drivers are responsible for safely transporting passengers, but careless driving can put everyone on the road at risk. Common examples of driver negligence include:

• Failing to follow traffic laws, such as running red lights or not yielding properly
• Driving while distracted, such as texting, eating, or adjusting a GPS
• Driving under the influence of drugs or alcohol
• Speeding or driving aggressively to stay on schedule

Bus Company Negligence

Bus companies are required to maintain their vehicles and hire qualified drivers. However, some companies cut corners to save money, which can lead to serious safety issues. Examples of company negligence include:

• Failing to perform routine inspections and maintenance
• Hiring inexperienced or unqualified drivers
• Not providing adequate training for drivers
• Overloading the bus, which can affect braking and handling

Bus Manufacturer Defects

Sometimes, an accident is caused by a defective bus part rather than driver or company negligence. Examples include:

• Brake system failures
• Defective tires that cause blowouts
• Faulty steering mechanisms that make it difficult to control the bus
• Malfunctioning seat belts or safety restraints

Bad Weather and Road Conditions

Even an experienced driver can struggle in poor weather or hazardous road conditions. However, failing to adjust for these conditions can be a form of negligence. Common risk factors include:

• Heavy rain, fog, or snow reducing visibility
• Slick roads that increase stopping distance
• Potholes or uneven pavement causing loss of control
• Construction zones that are poorly marked

Negligence by Other Drivers

Bus accidents are not always caused by the bus driver or company. Other motorists can also contribute to accidents by:

• Cutting off a bus in traffic
• Running red lights or stop signs
• Driving while distracted or impaired
• Failing to yield when a bus is merging or turning

Passenger Negligence

Passengers can also contribute to accidents if they interfere with the driver or fail to follow safety instructions. This includes:

• Distracting the driver by being disruptive or rowdy
• Blocking emergency exits or aisles
• Standing while the bus is moving
• Ignoring safety rules

If you were injured in a bus accident caused by someone else’s negligence, you may be eligible for financial compensation. Call Thompson Law today for a FREE CONSULTATION.

What Should I Do After a Bus Accident?

If you have been in a bus accident, taking the right steps can protect both your health and your legal rights.

1. Move to safety:  If possible, get to a safe location away from traffic.
2. Call 911:  Report the accident and request medical assistance if needed. The police report will be an important piece of evidence.
3. Get medical attention:  Some injuries may not be immediately obvious, so it is important to see a doctor as soon as possible.
4. Document the scene:  If you can, take photos and videos of the bus, your injuries, and any other relevant details.
5. Collect witness information:  Get contact details from other passengers or bystanders who saw what happened. Their statements could help your case.
6. Keep records:  Save all medical bills, receipts, and any documents related to the accident.
7. Speak with a lawyer:  Contact us for a FREE CONSULTATION. We can help you navigate the claims process and fight for the compensation you deserve.

What Compensation Can I Receive for a Bus Wreck?

If you were injured in a bus accident, you might be entitled to financial compensation. The amount and type of compensation depend on how serious your injuries are and how the accident has affected your life. Here’s a breakdown of the different types of damages you may be able to recover, according to our Atlanta bus accident lawyers:

Economic Damages

These are the direct financial losses you suffered because of the accident. They are often called “special damages” and include:

• Medical Expenses:  If you needed emergency care, surgery, hospitalization, physical therapy, or long-term treatment, you can seek compensation for these costs. This also includes the cost of prescription medications and any future medical care you may need.
• Lost Wages:  If your injuries forced you to miss work, you may be entitled to recover the income you lost during your recovery period.
• Loss of Earning Capacity:  If your injuries are severe enough to prevent you from returning to your previous job or limit the type of work you can do, you may be able to receive compensation for lost future earnings. For example, if you were a construction worker but can no longer lift heavy materials due to a spinal injury, you may qualify for compensation for the difference in income between your old job and a lower-paying one.
• Property Damage:  If your personal belongings were damaged in the crash, such as your vehicle, phone, or laptop, you may be compensated for repairs or replacements.
• Wrongful Death:  If a loved one passed away in a bus accident, their surviving family members may be entitled to compensation for funeral and burial expenses, loss of financial support, and the emotional loss of companionship.

Non-Economic Damages

Unlike economic damages, these do not have a clear dollar amount but cover the emotional and psychological impact of the accident. These are often referred to as “general damages” and include:

• Pain and Suffering:  This covers the physical pain you have endured due to your injuries.
• Loss of Enjoyment of Life:  If your injuries prevent you from doing things you once loved, such as playing sports, traveling, or engaging in hobbies, you may be entitled to compensation for this loss.
• Emotional Distress:  Many accident victims suffer from anxiety, depression, PTSD, or other mental health struggles after a crash. Compensation can cover the emotional toll of the accident.
• Loss of Consortium:  If your injuries affect your relationship with your spouse, such as the loss of companionship or intimacy, your spouse may be able to file a claim for these losses.

How Non-Economic Damages Are Calculated

Because non-economic damages do not come with bills or receipts, courts and insurance companies use different methods to determine their value. The two most common methods are:

• Per Diem Method:  A daily dollar amount is assigned to your pain and suffering, and this amount is multiplied by the number of days you have experienced pain since the accident.
• Multiplier Method:  Your total economic damages (medical bills, lost wages, etc.) are added up and then multiplied by a number between 1.5 and 5. The more severe the injury, the higher the multiplier.

For example, if your medical expenses and lost wages total $50,000 and your injuries are severe, your compensation could be multiplied by 3, meaning you could receive $150,000 for pain and suffering alone.

Since non-economic damages can be subjective, having an experienced legal team on your side can help ensure you receive fair compensation.

Punitive Damages

Punitive damages are meant to punish the person or company responsible for the accident if their actions were extremely reckless or intentional. These damages are not just about compensating the victim but also about discouraging others from acting in a similarly dangerous way. Punitive damages are more likely to be awarded if:

• The at-fault party acted with extreme negligence or deliberately caused harm.
• They knew their actions were dangerous but ignored the risks.
• The at-fault party has significant financial resources, such as a large corporation, making it reasonable to impose higher punitive damages.

Determining the Value of a Bus Accident Claim

Several factors affect how much compensation you may receive after a bus accident:

• Severity of Injuries:  The more serious your injuries, the higher your medical bills and long-term impact on your life, which increases the value of your claim.
• Earning Capacity:  If you are no longer able to do your job or your ability to work has been reduced, your claim may be worth more.
• Pain and Suffering:  Emotional and physical pain are not easy to measure, but they can significantly increase your compensation.
• Degree of Fault:  Atlanta follows a comparative fault system, which means if you are partly responsible for the accident, your compensation may be reduced by the percentage of fault assigned to you.

Filing a Bus Accident Claim: Deadlines You Need to Know

• Atlanta Statute of Limitations:  You generally have two years from the date of the accident to file a personal injury claim.
• Claims Involving Government Entities:  If the bus is owned by a government agency, you have a much shorter time to file a claim. You typically must notify the government within six months of the accident.
• Accidents in Other States:  If the accident happened outside of Atlanta, the statute of limitations for that state will apply.

It is important to speak with an Atlanta bus accident attorney as soon as possible to ensure you do not miss any deadlines that could prevent you from recovering compensation.

Seek Legal Help for Your Bus Crash Injury Claim Today

Let Our Atlanta Bus Accident Lawyers Help!

At Thompson Law, we’ve successfully handled countless bus accident cases. Our team works on a contingency fee basis, meaning you pay nothing unless we win your case.

Here’s how we can help:

• Evaluate your case during a FREE CASE REVIEW.
• Gather evidence and calculate the full value of your claim.
• Negotiate with insurance companies for maximum compensation.
• File a lawsuit if necessary and represent you in court.

Don’t wait! Call Thompson Law today for your FREE CONSULTATION and let us get started on your case.

Frequently Asked Questions

What are the Minimum Liability Insurance Limits for Buses?

The Federal Motor Carrier Safety Administration (FMCSA) sets minimum insurance limits for buses based on how many passengers they can carry:

• Buses with 16 or more passengers (including the driver) must have at least $5,000,000 in liability insurance.
• Buses with 15 or fewer passengers (including the driver) must have at least $1,500,000 in liability insurance.

These requirements apply to private and commercial bus operators. However, states may impose additional insurance requirements beyond the federal minimum.

Is the Statute of Limitations Shorter for Government-Owned Buses in Atlanta?

Yes, the deadline for filing a claim against a government-owned bus is much shorter than for private bus companies. You must notify the government within six months of the accident. If you miss this deadline or fail to follow the required process, you may lose your right to seek compensation.

Does the Statute of Limitations Vary Based on Individual Cities in Atlanta?

While Atlanta generally follows a two-year statute of limitations for personal injury claims, city-owned buses may have even shorter deadlines. That is why it is important to contact an attorney as soon as possible to make sure you file your claim on time.

What Happens if My Child Was in a School Bus Accident in Atlanta?

A school bus accident is similar to any other bus accident. If your child is injured, they should immediately report it to the bus driver or a chaperone. It is also important that they tell you about any pain or injuries as soon as possible. If the driver or another responsible party was negligent, you may have a legal case.

One challenge with school bus accidents is sovereign immunity, which protects government entities from being sued unless they agree to it. However, many cities, including Atlanta, carry insurance for these types of incidents.

Can I Sue the City if I Get Injured in a Bus Accident in Atlanta?

If you are injured while riding public transit, you may have the right to hold the city, state, or federal government responsible. However, before any legal action can be taken, it must be proven that the government was at fault for the accident.

Suing a government agency is more complicated than suing a private company. Strict deadlines and legal procedures must be followed, and the city may have sovereign immunity protections that limit when and how it can be sued.

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