Bus Accident Claims in Michigan
What makes a Michigan bus accident claim different from a car accident claim?
In many ways, bus and car accidents are handled the same way, but claims involving buses can become more complicated. Buses are often owned and operated by government entities or commercial businesses, which can make legal claims more complicated than those in a typical car accident. As in any other vehicle crash in the state, no-fault/Personal Injury Protection (PIP) claims may be relevant, but less common issues may also be present, such as governmental immunity or multiple insurers. Video, driver records, dispatch records, maintenance records, public-entity procedures and PIP timing can all change when the accident involves buses. A bus crash can involve more than two drivers and two insurance companies. The appropriate type of claim or necessary evidence can change depending on the owner, operator, insurer or other factors. A lawyer may be needed to identify which legal issues are relevant and what evidence needs to be requested or preserved. Michigan Legal Center handles bus accident and personal injury claims across Michigan.
What is different about a school bus accident claim?
School bus accident claims can be more complicated because they often involve children and possible governmental immunity. Since public schools are government entities, they are generally immune from tort liability when performing governmental functions. This means that in some cases, a public school district may be immune from certain lawsuits unless an exception applies, such as the motor-vehicle exception in MCL 691.1405. Specifically, Michigan's motor-vehicle exception can allow claims for bodily injury or property damage caused by the negligent operation of a government-owned motor vehicle. If the operator of the government vehicle was acting negligently while operating the vehicle, then the motor-vehicle exception may affect governmental immunity. Ownership, operation, employee or contractor status, negligence, injury, insurance and timing can all be factors in the success of a claim.
How do city and public bus accident claims work?
Public buses can be owned or operated by several types of public entities, which can complicate a claim. Public bus related claims may involve a:
- city
- county
- transportation authority
- regional transit provider
- contracted operator
- maintenance contractor
- another driver A lawyer should review these types of claims as soon as possible, because the notice and filing deadlines can change depending on the entity, claim type, insurance path, PIP issue and the facts of the case.
What about private charter, tour, shuttle, and commercial bus claims?
Private buses include any bus owned by a private company, such as:
- 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. Federal rules define what qualifies as a bus, charter transportation or commercial motor vehicle in 49 CFR 390.5. These rules do not automatically prove fault, but they help identify what evidence needs to be obtained or preserved.
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 such as onboard video, maintenance files, driver history, dispatch communications or insurer correspondence.
How do No-Fault/PIP and injury claims fit into a bus accident case?
As in any other vehicle accident in Michigan, no-fault/PIP benefits may still apply, but the order of priority can be more complicated when a bus is involved. Under MCL 500.3114, a person injured as the operator or a passenger of a motor vehicle operated in the business of transporting passengers generally claims PIP benefits from the insurer of that vehicle. The statute then sets out 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. For those passengers, the normal priority order can apply instead, unless the passenger is not entitled to PIP benefits under any other policy. A pedestrian or bicyclist hit by a bus may have a different PIP priority analysis than a bus passenger or driver. Under MCL 500.3115, a person injured while not an occupant of a motor vehicle generally looks first to a personal or household policy, and the assigned claims plan may become relevant only if no higher-priority insurer is available. The assigned claims plan should not be described as the automatic first step. A separate third-party injury claim may also be available if the evidence supports fault and the legal threshold is met. For noneconomic loss 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 under MCL 500.3145, 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 if you are still at the accident site. Then write down or photograph any information available to you, 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. You can also contact Michigan Legal Center to have the bus, driver, public entity, insurance and evidence issues reviewed.