Bus Accident Claims in Michigan

What makes a Michigan bus accident claim different from a car accident claim?

Buses are functionally treated the same as cars or other motor vehicles when it comes to accident claims. But bus claims can get more complicated since they are often commercial or government vehicles carrying many people at a time.

What is different about a school bus accident claim?

School bus accident claims are more complex since they often involve children and governmental immunity. Since public schools are government entities, they are generally immune from tort liability when performing governmental functions.

This means that public school districts are immune from certain lawsuits unless there is an exception. The motor vehicle exception in MCL 691.1405 allows claims against a government agency when its officer, agent or employee negligently operates a vehicle it owns and causes bodily injury or property damage.

Whether or not the claim will be successful often depends on ownership, operation, employee or contractor status, negligence, injury, insurance and timing.

How do city and public bus accident claims work?

Public buses can be owned or operated by several types of public entities or people including a:

• city
• county
• transportation authority
• regional transit provider
• contracted operator
• maintenance contractor
• separate driver

Written notices for these claims need to be served within 60 days of the injury. An application for no-fault benefits doesn’t satisfy this notice requirement.

What about private charter, tour, shuttle and commercial bus claims?

A private bus could be owned by any number of different companies for:

• airport shuttles
• hotel shuttles
• casino buses
• church or nonprofit buses
• party buses
• charter buses
• tour buses
• interstate motorcoaches

These private companies may have their own records, such as driver qualification files, driver-hours records and maintenance records, that can affect the claim. Under 49 CFR 390.5T, an interstate passenger vehicle can qualify as a commercial motor vehicle if it is designed or used to carry more than eight people, including the driver, for compensation or more than 15 people, including the driver, without compensation. The type of operation and applicable exemptions affect which driver, hours and maintenance records must be kept.

What evidence matters most in a bus accident case?

Evidence can disappear quickly after a crash, even if no one is attempting to hide or destroy it. Quickly preserve any photos, videos, documents, messages, witness names, insurance papers and medical records you already have or can obtain. Claims like this can heavily depend on:

• onboard video, exterior cameras, dash cameras and nearby surveillance video
• driver logs, duty-status records, driver qualification files, training records and dispatch records
• route records, trip sheets, GPS or telematics data, radio communications and incident reports
• maintenance, inspection, repair, defect and driver vehicle inspection records
• police report number, bus number, route number, witness names and passenger information
• medical records, discharge papers, bills, work restrictions and injury photos
• photos of vehicle damage, bus damage, road conditions, debris and traffic controls

A police report does not automatically obtain or preserve evidence. Onboard video can show how the crash happened, while driver logs and maintenance records can help reveal excessive driving hours or an unresolved defect. A Michigan Legal Center attorney can help send preservation requests and seek court orders when needed.

How do no-fault/PIP and injury claims fit into a bus accident case?

As in any other vehicle accident in Michigan, no-fault personal injury protection (PIP) benefits may still apply. PIP can be used to pay medical expenses from the crash, lost wages and replacement services for household tasks that are impossible or painful after the injury.

Finding out which insurer becomes responsible for paying is more complicated. Under MCL 500.3114, someone injured in a vehicle operated in the business of transporting passengers generally claims PIP benefits from that vehicle’s insurer. There are exceptions for passengers in certain vehicles, including school buses, buses operated by a certified common carrier, buses operating under a government-sponsored transportation program and nonprofit buses. Those passengers generally rely on their own PIP insurance or a qualifying household policy. Otherwise, the bus’s insurer could be responsible.

A pedestrian or bicyclist hit by a bus would also first go try a personal or household policy. The assigned claims plan might be relevant only if no higher-priority insurer is available.

A separate third-party injury claim may also be available if the evidence supports fault and the legal threshold is met. For noneconomic loss such as pain and suffering after a motor vehicle crash, MCL 500.3135 requires death, serious impairment of body function or permanent serious disfigurement.

Time limits also apply to no-fault claims, so prompt review matters. Fatal crashes may also require wrongful death review.

What should you do after a bus accident in Michigan?

The first step is always to make sure you and everyone else at the scene receive medical care, and to ensure your own safety. When it is safe, write down or photograph any information you can, including:

• bus number
• route number
• company or agency name
• driver's name or badge number
• license plate
• USDOT number if visible
• crash location
• witness names
• passenger names
• medical symptoms
• any insurance or claim communications

For general crash-scene steps, see Michigan Legal Center's guide on what to do after a car accident in Michigan. To help protect your claim from lost evidence or missed notice deadlines, you can also contact Michigan Legal Center to have the bus, driver, public entity, insurance and evidence issues reviewed.