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Lansing Bus Accident Lawyer

Are you dealing with the hardships of being involved in a bus accident? At the Law Offices of Christopher Trainor & Associates, we can help you receive the compensation you deserve. Call us today for a free case evaluation.

After being injured in a Lansing bus accident, we know that you are likely feeling overwhelmed, frustrated, and unsure of the best path forward. You probably have injuries you are trying to recover from while missing wages from being off work, with medical bills piling up. If this sounds like your situation, you should consider partnering with a Lansing bus accident lawyer who knows the intricacies of these types of claims and can take action to get you fair compensation for everything you’ve lost due to someone else's negligence.

It’s important to act quickly as a bus crash victim because failure to adhere to specific legal procedures, such as notifying regional transportation authorities like DDOT, SMART, CATA, etc., within 60 days of an injury can jeopardize your ability to seek recourse through a lawsuit, depending on what bus was involved in your crash.

For decades, the skilled Lansing bus accident lawyers at the Law Offices of Christopher Trainor & Associates have advocated for injured bus accident victims, ensuring they receive rightful compensation, including No-Fault insurance benefits, pain and suffering damages, and other economic compensation. With our compassionate approach, we prioritize your well-being, handling all facets of your case so you can focus on your recovery and moving forward with your life.

Types of Buses Commonly Involved in Lansing Bus Accidents

In Lansing, bus accidents can involve various types of buses, including:

  • City buses: These are public transportation buses operated by local transit authorities that provide transportation within the city or surrounding areas.
  • School buses: These are used to transport students to and from school or school-related activities. School districts or private companies typically operate school buses under contract with the district.
  • Charter buses: Also known as motorcoaches, these buses are hired for group travel, such as school trips, corporate outings, or tours. They are often operated by private companies.
  • Shuttle buses: These are smaller buses used to transport passengers between specific locations, such as airports, hotels, or parking lots.
  • Tour buses: Similar to charter buses, tour buses are used for sightseeing or travel tours. They may be operated by tour companies or hired for private tours.
  • Commercial buses: These include intercity buses, long-distance coaches, and other buses used for commercial transportation purposes.

Regardless of the type of bus involved, accidents can happen due to various factors such as driver error, mechanical failures, road conditions, or other external factors.

Common Carriers

A common carrier is a type of transportation provider that offers services to the general public for a fee. Government authorities typically regulate common carriers and are legally obligated to provide transportation services to all customers without discrimination as long as space and other considerations permit.

Examples of common carriers include airlines, buses, trains, taxis, ferries, and cruise ships. These carriers have a duty of care to their passengers and are expected to operate safely, provide reasonable accommodations, and adhere to relevant regulations and standards.

In the context of personal injury law, common carriers owe a higher duty of care to their passengers compared to other types of transportation providers. This means they may be held liable for injuries sustained by passengers due to their negligence or failure to meet safety standards.

Michigan Requirements for Bus Drivers

In Michigan, bus drivers must meet specific requirements to obtain and maintain their commercial driver's license (CDL) with a passenger (P) endorsement, which is necessary for operating buses carrying passengers. The requirements typically include:

  • Age: Applicants must be at least 18 years old to obtain a CDL for intrastate (within Michigan) transportation and at least 21 years old for interstate (across state lines) transportation.
  • CDL Permit: Before applying for a CDL with a passenger endorsement, individuals usually need to obtain a CDL learner's permit by passing knowledge tests related to driving skills, rules of the road, and passenger transportation.
  • Medical Certification: Bus drivers must pass a medical examination conducted by a certified medical examiner listed on the Federal Motor Carrier Safety Administration's National Registry. Depending on the driver's health condition, the medical certificate is usually valid for up to 24 months.
  • Knowledge Tests: Applicants are required to pass written knowledge tests, including general knowledge and passenger transport endorsement exams, administered by the Michigan Secretary of State.
  • Skills Test: After obtaining a CDL permit, applicants must pass a skills test, which includes a pre-trip inspection, basic vehicle control, and an on-the-road driving test using a vehicle representative of the class of CDL they are applying for.
  • Background Check: Bus drivers must undergo a criminal background check, including driving record checks, to ensure they meet eligibility requirements for operating commercial vehicles.
  • Training: Some employers may require bus drivers to complete additional training programs specific to passenger transportation, such as defensive driving techniques, passenger safety protocols, and emergency procedures.
  • Endorsement Renewal: CDL holders must renew their endorsements periodically, typically every four to five years, by passing knowledge and skills tests or meeting other renewal requirements set by the state.

These requirements ensure that bus drivers have the necessary skills, knowledge, and qualifications to safely transport passengers and comply with state and federal regulations governing commercial vehicle operation. Aspiring bus drivers need to check with the Michigan Secretary of State or the relevant licensing authority for the most up-to-date requirements and procedures for obtaining a CDL with a passenger endorsement.

Liability for a Lansing Bus Accident

Determining liability in a Lansing bus accident can be complex and may involve multiple parties. Parties who could potentially be liable for a bus accident include:

  • Bus Drivers: If the bus driver's negligence, such as speeding, distracted driving, or driving under the influence of drugs or alcohol, caused the accident, they may be held liable for the injuries and damages resulting from the crash.
  • Bus Companies: The company that owns or operates the bus may be held liable for the accident if they failed to properly maintain the bus, hire qualified drivers, provide adequate training, or enforce safety regulations.
  • School Districts: If the bus involved in the accident is a school bus, the school district may be held liable for the accident if it failed to ensure the safety of the bus and its passengers, such as by neglecting to conduct proper background checks on drivers or failing to implement safety protocols.
  • Other Drivers: In some cases, other motorists on the road may be liable for a bus accident if their negligent actions, such as running a red light or failing to yield, contributed to the collision.
  • Government Entities: If the accident involved a public transit bus or occurred on government-owned property, such as a city street or highway, the government entity responsible for maintaining the roadways may be held liable if negligent road design or maintenance played a role in the accident.
  • Manufacturers: If a defect in the bus or its components contributed to the accident, such as faulty brakes or tires, the manufacturer or designer of the defective parts may be held liable for the resulting injuries and damages.

Determining liability in a bus accident requires thoroughly investigating the circumstances of the crash. An experienced Lansing bus accident lawyer can help identify the responsible parties and pursue a claim for compensation for the injured victims.

Leading Causes of Bus Accidents in Lansing

Lansing bus accidents can take place due to various factors. Some leading causes of bus accidents include:

  • Driver Error: Bus accidents often result from driver error, including speeding, distracted driving (such as texting or using a mobile phone), fatigue, driving under the influence of drugs or alcohol, and failing to yield or stop at intersections.
  • Poor Weather Conditions: Adverse weather conditions like heavy rain, snow, ice, or fog can make roads slippery and reduce visibility, increasing the risk of bus accidents.
  • Mechanical Failures: Bus accidents can occur due to mechanical failures, such as brake failure, tire blowouts, steering malfunctions, or engine problems. Poor maintenance or defective parts can contribute to these failures.
  • Reckless Driving by Other Motorists: Bus accidents can also be caused by the actions of other motorists, such as reckless driving, tailgating, sudden lane changes, or failure to yield to buses.
  • Fatigue: Bus drivers often work long hours and may experience driver fatigue, which can impair their judgment, reaction time, and ability to operate the vehicle safely.
  • Poor Road Conditions: Bus accidents may occur due to poorly maintained roads, potholes, uneven pavement, construction zones, or inadequate signage, which can create hazards for drivers and increase the risk of accidents.
  • Inexperienced or Inadequately Trained Drivers: Inexperienced or inadequately trained bus drivers may lack the skills or knowledge to safely operate a bus, increasing the likelihood of accidents.
  • Passenger Behavior: Disruptive or unruly behavior by passengers can distract the bus driver and lead to accidents. Additionally, overcrowding or standing in the aisles can affect the bus's balance and stability.

Identifying the specific cause or causes of a bus accident often requires a detailed investigation by law enforcement officials, insurance companies, or legal professionals.

Unique Legal Principles for Bus Accidents

Bus accidents often involve unique legal principles due to the nature of buses as common carriers and the responsibilities they owe to passengers and other road users. Some of these principles include:

  • Common Carrier Liability: Buses are considered common carriers, which means they are held to a higher standard of care than ordinary motorists. Common carriers have a duty to exercise the highest degree of care and diligence for the safety of their passengers.
  • Duty of Care to Passengers: Bus operators have a duty to ensure the safety of their passengers from the moment they board the bus until they reach their destination. This duty includes providing a safe boarding and disembarking process, maintaining safe driving practices, and ensuring the bus is properly maintained.
  • Negligence Per Se: Violations of traffic laws or regulations can constitute negligence per se in bus accident cases. If a bus driver or company violates a traffic law and causes an accident, they may be presumed negligent, which makes it easier to prove liability if you are an accident victim.
  • Vicarious Liability: Bus companies can be held vicariously liable for the actions of their employees, including bus drivers. This means that if a bus driver causes an accident while acting within the scope of their employment, the bus company may be held responsible for any resulting in injuries or damages.
  • Sovereign Immunity: In some cases, government entities that operate public transit buses may be protected by sovereign immunity, which limits their liability for certain types of claims. However, sovereign immunity laws vary by state and may have exceptions for cases involving gross negligence or intentional misconduct.

Being able to understand these unique legal principles is crucial for anyone involved in a bus accident, whether as a passenger, pedestrian, or another motorist.

Statute of Limitations

The time limit for filing a bus accident lawsuit, known as the statute of limitations, varies depending on the jurisdiction where the accident occurred. In many states, including Michigan, the statute of limitations for personal injury lawsuits, including those arising from bus accidents, is typically two to three years from the date of the accident.

However, it's essential to consult with a knowledgeable attorney who understands the specific laws and regulations governing bus accidents in your area. If you fail to file a lawsuit within the statute of limitations, it can result in the loss of your right to seek compensation for your injuries and damages.

Additionally, there may be other deadlines or notice requirements when suing a government entity or public transportation authority responsible for bus operation. These requirements can be complex and vary by jurisdiction, so it's crucial to seek the advice of a Lansing personal injury lawyer as soon as possible after an accident to ensure you meet all necessary deadlines and preserve your right to pursue a claim.

Court of Claims

The Court of Claims is a specific court system in many jurisdictions, including Michigan, that handles cases involving claims against the state government or its agencies. It provides a venue for individuals, businesses, or other entities to seek compensation for damages or injuries allegedly caused by the actions or negligence of the state or its employees.

In Michigan, the Court of Claims has jurisdiction over various types of claims against the state, including personal injury claims, property damage claims, contract disputes, and civil rights claims, among others. This court is separate from the traditional circuit court system and is designed to handle cases where the state is a party.

Bringing a claim in the Court of Claims typically involves following specific procedures and requirements, including strict deadlines for filing notices of claims and adhering to the court's rules of procedure. Depending on the nature of the claim and the applicable laws, cases in the Court of Claims may be heard by a judge or, in some instances, by a jury.

Overall, the Court of Claims serves as a forum for individuals and entities to seek redress for grievances against the state government, ensuring that citizens have the means to hold the government accountable for its actions.

Requirement of Special Notices

Bus accident lawsuits require special notices if a government entity or a public transportation authority operates the bus. In such cases, there are often specific procedures and deadlines for providing notice of the accident before filing a lawsuit. These requirements are typically outlined in state laws and statutes.

For instance, in Michigan, if you plan to file a lawsuit against a government entity or a public transportation authority for a bus accident, you may need to provide written notice of your intent to sue within a certain timeframe after the accident. This notice is often required within a matter of months following the accident and must include specific information about the incident, such as the date, time, and location of the accident, as well as a description of the injuries and damages sustained.

Failing to comply with these notice requirements can jeopardize your ability to pursue a lawsuit against the responsible parties. Therefore, it's essential to consult with an experienced attorney who can guide you through the process and ensure that all necessary notices are filed correctly and on time.

No-Fault Benefits

In Michigan, bus accident victims may be entitled to certain benefits under the state's no-fault insurance system, depending on the circumstances of the accident and the specific insurance coverage involved. No-fault benefits typically cover medical expenses, lost wages, and other economic losses resulting from the accident, regardless of who was at fault.

If the victim was a passenger on the bus, they may be eligible to receive no-fault benefits from the bus company's insurance policy. These benefits can help cover medical bills, rehabilitation costs, lost income, and other expenses related to the injuries sustained in the accident.

If the victim was injured while driving their own vehicle or as a pedestrian or cyclist involved in a bus accident, they may be eligible to claim no-fault benefits under their own auto insurance policy or the policy of a relative with whom they reside.

Bus accident victims need to understand their rights and options for seeking compensation, including pursuing a claim for no-fault benefits. Consulting with an experienced Lansing bus accident lawyer can help victims navigate the complex insurance process and ensure they receive the full benefits to which they are entitled.

Wrongful Deaths Caused by Bus Accidents

If a loved one was killed in a Lansing bus accident, the surviving family members may have the right to pursue a wrongful death claim against the parties responsible for the accident. Wrongful death claims seek to hold negligent parties accountable for the loss of life and seek compensation for the damages suffered by the surviving family members.

In Michigan, the Personal Injury Protection benefits under the state's no-fault insurance system do not cover wrongful death claims. Instead, wrongful death claims typically seek damages for:

  • Funeral and burial expenses: The costs associated with laying the deceased to rest, including funeral services, burial plots, and related expenses.
  • Loss of financial support: Compensation for the income and financial support that the deceased would have provided to their dependents had they not been killed in the accident.
  • Loss of companionship and consortium: Compensation for the emotional pain, suffering, and loss of companionship experienced by the surviving family members as a result of the loss of their loved one.
  • Pain and suffering of the deceased: In some cases, the deceased's estate may be able to seek compensation for the pain and suffering experienced by the deceased before their death.

Wrongful death claims can be complex and challenging to navigate, especially during a time of grief and loss.

Punitive Damages

In Michigan, punitive damages, also known as exemplary damages, are not typically awarded in personal injury cases, including bus accidents. Punitive damages are intended to punish the defendant for particularly egregious conduct and deter others from similar behavior. However, Michigan law generally does not allow for punitive damages in negligence-based personal injury claims, except in limited circumstances involving intentional misconduct or gross negligence.

In most Lansing bus accident cases, compensation consists of economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering. Punitive damages are not commonly awarded in these cases unless there is clear and convincing evidence of intentional wrongdoing or reckless disregard for the safety of others on the part of the defendant.

Experienced Lansing Bus Accident Lawyers

If you've sustained significant injuries in a Lansing bus accident, you could have grounds for seeking damages from the liable party. However, seeking guidance from a skilled Lansing bus accident lawyer is crucial to the outcome of your case. Depending on the circumstances, you may be eligible to recover damages covering medical expenses, lost income, diminished future earning potential, pain and suffering, among other losses.

To schedule a free case review, contact the Law Offices of Christopher Trainor & Associates at (248) 886-8650 or via our online contact form.

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