If you or someone you love was injured in a bus accident, call us for a free case review. You may be entitled to compensation for your injuries, lost wages, and suffering.
Every day in Detroit, thousands of people rely on public transportation and buses to get around. Though commercial bus drivers must adhere to rigorous standards, accidents still happen. According to Michigan Traffic Crash Facts, there were 856 accidents involving trucks and buses, including school buses, in 2022. Understanding the risks of public transportation can help commuters, drivers, and legislators find ways to reduce the number of accidents and make our roads safer for everyone involved. The personal injury attorneys at Christopher Trainor & Associates are here to help you navigate the legal process and receive the justice you deserve.
Common Causes of Bus Accidents in Detroit
Bus accidents in Detroit can happen due to various reasons, but some common causes include:
Driver Error: Mistakes made by bus drivers, such as speeding, reckless driving, distracted driving, fatigue, or driving under the influence of alcohol or drugs, can lead to accidents.
Poor Maintenance: Failure to properly maintain buses, including brakes, tires, steering systems, and lights, can result in mechanical failures and accidents.
Poor Weather Conditions: Driving in inclement weather conditions, such as rain, snow, ice, or fog, can make it challenging for bus drivers to maintain control of the vehicle and lead to accidents.
Road Conditions: Poorly maintained roads, potholes, construction zones, or obstacles on the road can contribute to bus accidents, especially if drivers are not able to navigate them safely.
Negligent Driving by Other Motorists: Bus accidents can also occur due to the negligent actions of other drivers on the road, such as sudden lane changes, failure to yield, or running red lights.
Equipment Failure: Malfunctioning or defective bus equipment, such as brakes, steering, or transmission systems, can lead to accidents if not properly maintained or repaired.
Pedestrian or Cyclist Intervention: Bus accidents can involve pedestrians or cyclists who may be struck by buses while crossing the street or riding near bus stops.
By identifying the common causes of bus accidents, steps can be taken to prevent them and improve overall safety on the roads in Detroit.
Common Bus Accident Injuries
Bus accidents can cause a wide ranging of injuries, from minor cuts and bruises to catastrophic injuries and even wrongful death. Common injuries resulting from bus accidents can include:
Whiplash and Neck Injuries: Sudden jerking movements during a bus accident can cause whiplash, resulting in neck pain, stiffness, and reduced mobility.
Head and Brain Injuries: Head trauma, concussions, and traumatic brain injuries (TBIs) can occur if passengers are thrown or hit their heads during a bus collision.
Spinal Cord Injuries: Severe bus accidents can lead to spinal cord injuries, which may result in partial or complete paralysis, loss of sensation, and impaired bodily functions.
Broken Bones and Fractures: The impact of a bus accident can cause passengers to suffer broken bones and fractures in various parts of the body, such as the arms, legs, ribs, or pelvis.
Internal Injuries: Blunt force trauma from a bus accident can cause internal injuries, including organ damage, internal bleeding, and abdominal injuries.
Soft Tissue Injuries:In a bus accident, muscles, tendons, and ligaments can get stretched, torn, or bruised, causing pain, swelling, and difficulty moving around.
Emotional and Psychological Trauma: Bus accidents can also lead to emotional distress, anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues for passengers who experience the trauma of the accident.
Burns and Scarring: If a bus catches fire or explodes during an accident, passengers may suffer burns, scarring, and disfigurement, which can require extensive medical treatment and rehabilitation.
Wrongful Death: In the most severe cases, bus accidents can result in fatalities, leading to devastating losses for the victims' families and loved ones.
Anyone injured in a bus accident must seek immediate medical attention and prompt legal assistance from the Detroit bus accident lawyers at Christopher Trainor & Associates to ensure proper diagnosis, treatment, and protection of their legal rights.
What to do After a Bus Accident
After a bus accident, adrenaline will be high and you may not know what you should do. The aftermath of a bus accident can be chaotic, so it's important to take the following steps to protect your health and your legal rights:
Seek Medical Attention: Check yourself and others for injuries and seek medical attention for anyone who is injured, even if the injuries seem minor. Your health and well-being are the top priority.
Contact Authorities: Call 911 to report the accident and request assistance from law enforcement and emergency medical services. The police will record details of the accident and make an official report, which can be useful in dealing with insurance claims and legal matters.
Gather Information: Collect as much information as possible at the scene of the accident, including the bus driver's name and contact information, the bus company's name and contact information, insurance details, and the names and contact information of any witnesses.
Document the Scene: Take photos or videos of the accident scene, including any damage to vehicles, road conditions, traffic signs, and injuries sustained by passengers or pedestrians. This documentation can be helpful for insurance claims and legal purposes.
Report the Accident: Inform your insurance company about the accident as soon as possible and provide them with detailed information about the incident. Avoid admitting fault or making statements that could be used against you later.
Preserve Evidence: Hold on to any evidence related to the accident, such as medical records, accident reports, witness statements, and messages with insurance companies. This evidence can support your claim and help establish liability.
Consult with an Attorney: Consult a skilled personal injury attorney with experience handling bus accident cases. An attorney can protect your rights, guide you through the legal process, and help you seek compensation for your injuries and other damages.
By following these steps, you can protect your health, gather important information, and take proactive measures to pursue a successful resolution to your bus accident claim. Contact Christopher Trainor & Associates today to learn more about your rights and how we can help you pursue compensation.
What to do if Your Child was Injured in a Detroit School Bus Accident
The safety of your child is your priority here. You can follow the same steps outlined above, but it is also extremely important that you don't sign anything given to you by the school or an insurance company without first speaking to an attorney. The school district may try to deny responsibility or trick you into signing something that keeps you from receiving justice for your child. Always speak to a bus accident lawyer before signing anything.
Liability for Detroit Bus Accidents
Unlike car accidents, bus accidents are often more complex as more than one party may be held liable for the accident. Several parties may be held liable for a bus accident in Detroit, depending on the circumstances of the incident. These parties may include:
Bus Drivers: If the bus driver's negligence, such as distracted driving, speeding, or driving under the influence of drugs or alcohol, contributed to the accident, they may be held liable for the damages.
Bus Companies: The company that owns or operates the bus may be held responsible for the accident if it can be shown that they failed to properly maintain the vehicle, adequately train the driver, or implement safety protocols.
Government Entity: If the accident involved a public bus operated by a government entity, such as the Detroit Department of Transportation (DDOT), the city or municipality may be held liable for negligent hiring, training, or supervision of bus drivers, or for failure to maintain safe road conditions.
Third Parties: Other motorists, pedestrians, or cyclists involved in the accident may also share liability if their actions contributed to the collision.
Determining liability in a bus accident case can be complex and may require a thorough investigation into the circumstances surrounding the incident. Consulting with a knowledgeable personal injury attorney who has experience handling bus accident cases can help you identify all potentially liable parties and pursue the compensation you deserve for your injuries and losses.
Proving Negligence
Before you can receive compensation from a liable party, bus accident victims must prove that the defendant was negligent in their actions. To prove negligence in a Detroit bus accident case, you typically need to establish the following elements:
Duty of Care: Show that the bus driver or another party owed you a duty of care to operate the bus safely and prevent harm to others on the road.
Breach of Duty: Demonstrate that the bus driver or another party breached their duty of care by failing to act reasonably or by engaging in careless or reckless behavior. This could include actions such as speeding, running red lights, texting while driving, or driving under the influence of alcohol or drugs.
Causation: Establish a direct link between the breach of duty and the injuries or damages you suffered as a result of the bus accident. You must show that the negligent actions of the bus driver or another party were the proximate cause of your injuries.
Damages: Provide evidence of the actual damages you incurred as a result of the bus accident, such as medical bills, lost wages, property damage, pain and suffering, and other losses.
To prove negligence, you may need to gather evidence such as accident reports, witness statements, medical records, photographs of the accident scene and your injuries, and expert testimony. Consulting with a skilled Detroit bus accident lawyer from Christopher Trainor & Associates, who has experience handling bus accident cases, can also be invaluable in building a strong case and pursuing the compensation you deserve.
What if I am partially responsible for the accident?
Michigan follows a modified comparative negligence system, specifically the "51% Bar Rule." Under this rule, you can still recover damages in a personal injury lawsuit as long as you are found to be less than 50% at fault for the accident. However, if you are determined to be 51% or more at fault, you will be barred from recovering any damages.
In cases where multiple parties are found to be at fault, their liability for damages is determined based on their percentage of fault. For example, if you are found to be 20% at fault for a bus accident, your total compensation will be reduced by 20% to account for your share of the fault.
It's important to note that Michigan's comparative negligence laws can significantly impact the outcome of a personal injury case, so it's advisable to consult with a bus accident attorney from Christopher Trainor & Associates who can help you understand your rights and navigate the legal process effectively.
No Fault Insurance Benefits
Michigan is one of 18 states that offers no-fault insurance (also known as personal injury insurance-- or PIP benefits) in case of a motor vehicle accident. This is a typical benefit included with your auto insurance policy and should cover any injuries caused by a vehicle accident, including an accident involving a bus.
However, if you do not have a personal vehicle and are therefore uninsured, your claim may become more complicated. You may be required to file your claim with the bus company's insurance company, but they are only required by Michigan law to pay when there are no other benefits available. If you are an uninsured passenger involved in an accident, you will need to the help of Christopher Trainor & Associates to help you navigate you claim.
Third Party Bus Accident Claims
If you have suffered an injury after a bus accident in Detroit you may be able to file a third-party lawsuit against either the bus driver or the company that the driver worked for at the time of the accident.
Your Detroit bus accident lawyer will need to determine who owned the bus involved, which could be the government of a private party. If it was owned by a private party you may be able to file a third-party lawsuit similarly to how you would in other vehicle accident claims.
However, if the bus is government owned (in the instance of public transportation) and was operated by a government employed driver, you will likely be in for a legal battle. Insurance coverage for government entities often protect them from having to compensate injured parties on government property. But if the the injury was sustained due to the government employee's negligent actions, an exception can be made.
It is always a good idea to speak with one of the bus and car accident attorneys at Christopher Trainor & Associates to understand the best avenue to take to receive compensation.
Compensation for Bus Accidents
If you've been injured in a Detroit bus accident, you may be entitled to various types of damages for your injuries. Though we understand that no amount of money can erase the pain and stress you have experienced, compensation can help to ease your financial burden so that you can focus on healing. Damages for bus accident injuries may include:
Medical Expenses: Compensation for past, current, and future medical expenses related to the treatment of your injuries, including hospital bills, surgeries, medication, rehabilitation, therapy, and medical equipment.
Lost Wages: Reimbursement for wages lost due to time taken off work to recover from your injuries, including any reduction in earning capacity if your injuries prevent you from returning to your previous job or working at full capacity.
Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you've experienced as a result of the bus accident and your injuries, including loss of enjoyment of life and psychological trauma.
Property Damage: Reimbursement for the repair or replacement of any property damaged in the bus accident, such as your vehicle or personal belongings.
Disability and Disfigurement: Compensation for any permanent disabilities, impairments, or disfigurements resulting from the bus accident, which may affect your ability to perform daily activities or enjoy life as you did before the accident.
Loss of Consortium: Damages awarded to your spouse or family members for the loss of companionship, care, assistance, and support you were able to provide before the accident.
Wrongful Death: If a loved one died as a result of the bus accident, surviving family members may be entitled to compensation for funeral and burial expenses, loss of financial support, and the emotional pain and suffering caused by the loss.
Punitive Damages: If the accident was due to criminal behavior, such as drunk driving or a hit and run, you may be able to receive punitive damages. This is done to punish the defendant and ensure the behavior or policies put into place that caused the accident do not happen again.
The specific damages you may receive will depend on the circumstances of your case, the severity of your injuries, and the applicable laws in Detroit. Consulting with a bus accident attorney can help you understand your legal rights and pursue the maximum compensation available for your bus accident injuries and losses.
Statute of Limitations
The statute of limitations for filing a personal injury claim in the state of Michigan, including claims involving a Detroit bus accident, is three years from the time of the vehicle crash. This time may be extended if your claim involves a minor. Your no-fault insurance claim must be filed within a year of the accident, but if your claim is denied an attorney can help you along in the next steps of the process. Since these claims often take months to resolve, it is advised to speak with a bus accident lawyer as soon as you can in order to get the ball rolling on your case.
How a Bus Accident Attorney Can Help
Following a serious bus accident, you may not know if it is worth it to hire an attorney to help you with your claim. But navigating the complicated laws and legal procedures of a personal injury claim is not easy. A Detroit bus accident attorney can provide valuable assistance in several ways:
Legal Guidance: A lawyer can help you understand your rights and legal options following a bus accident. They can explain the complexities of Michigan's personal injury laws, including comparative negligence, and advise you on the best course of action to pursue maximum compensation for your injuries and losses.
Investigation: Attorneys have the resources and expertise to conduct a thorough investigation into the bus accident, gathering evidence such as accident reports, witness statements, surveillance footage, and expert opinions to build a strong case on your behalf.
Negotiation: Attorneys are skilled negotiators who can engage with insurance companies and other parties involved in the bus accident to seek a fair settlement that adequately compensates you for your injuries and damages. They will advocate for your rights and fight for the compensation you deserve.
Litigation: If a fair settlement cannot be reached through negotiation, an attorney can represent you in court and litigate your case at trial. They will present evidence, cross-examine witnesses, and argue your case before a judge and jury to seek a favorable verdict on your behalf.
Peace of Mind: Dealing with the aftermath of a bus accident can be overwhelming, especially when you're trying to recover from injuries and navigate the legal process. Having a dedicated attorney by your side can provide peace of mind, knowing that your case is in capable hands, allowing you to focus on your recovery.
A Detroit bus accident lawyer from Christopher Trainor & Associates can play a crucial role in helping you through the complicated legal process after your accident. We will work to achieve the best possible outcome for your personal injury case.
Contact a Detroit Bus Accident Lawyer Today
If you or someone you love has been injured in a Detroit bus accident, you and your family members may be wondering what you need to do next. Our skilled attorneys will be with you every step as you navigate the world following your motor vehicle crash. We know our way around personal injury cases and are here to help you receive justice for your injuries. We will fight for maximum compensation. Call 248-886-8650 or contact us here for a free consultation.
