Due to their size and the number of passengers, bus accidents can have tragic consequences. When the vehicle is a school bus, children may be catastrophically injured or killed. People who survive these accidents also may experience trauma due to their involvement. If you or your child has been hurt because of a collision in the Dallas area, you should consult a motor vehicle accident lawyer at Feizy Law Office who has experience with these types of claims.Pursuing Damages after a Bus Accident
Bus crashes happen for many reasons, including poorly maintained brakes, fatigued or inexperienced drivers, overloaded buses, aggressive driving, unsafe reflectors or lights, and following too close to other vehicles.
What if the at-fault party is the bus driver, and your child was on board? In that case, you can potentially sue not only the driver but also his or her employer. In the case of school bus accidents caused by careless operation, for example, you may be able to sue the driver, the school district, and the municipality.
A bus driver can be sued on a theory of negligence. This means a plaintiff will need to show the driver's duty, a breach of the duty, causation, and damages. In some cases, the driver's employer can also be sued directly for negligence under theories of negligent hiring, negligent training, or negligent supervision. For example, a school district that hires a bus driver with a known drinking problem or past DUIs may be directly responsible for negligent hiring if the driver gets into an accident that causes harm to children.
The driver's employer may also be held accountable under the doctrine of respondeat superior. Under this theory, an entity can be liable for its employee's negligence when the individual’s actions are within the course and scope of his or her employment. More specifically, the tortious act must fall within the scope of the employee's authority, be in furtherance of the employer's business, and be for the accomplishment of the purpose for which he or she was hired.
For example, if a bus driver is taking children to school, but is too fatigued to drive and crashes into a tree, causing the children to fly out of their seats and suffer injuries, the driver's employer can potentially be held responsible under respondeat superior. The driver was on the job, doing what he was hired to do when the accident happened. However, if a school bus driver is taking the bus home on his break and runs a red light, striking a passenger car, the driver's employer may argue that he caused the accident in his off-hours, when he was not furthering the employer's business and when he was doing a personal errand rather than what he was hired to do.Legal Guidance for Garland Residents Pursuing Injury Claims
If you or your child is seriously harmed in a bus accident in the Garland area, you can possibly bring a personal injury lawsuit with the assistance of a knowledgeable attorney. You may need to sue multiple parties and follow special rules associated with suing a government entity. Often, there are strict, shortened deadlines within which a government entity must be given notice of a claim. It is important to select an attorney who understands the complex litigation that can arise out of a bus accident. Call Feizy Law Office at (214) 651-8686 or schedule a free consultation through our online form. We represent accident victims in Arlington, Fort Worth, Irving, and Plano, among other cities around Dallas.