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A July 2012 follow-up news report, on a fatal bus crash that occurred a year earlier, included a telling quote from the chairman of the National Transportation Safety Board (NTSB): “The crash that we are here to discuss today should never have happened. It was entirely preventable. Those travelers were failed at three levels: by the driver, by the operator and by the regulator.” In fact, there has been an overall increase in the number of bus accidents recently. And, as the NTSB chairman stated, the failure — and the liability — may exist at several levels.
At the Franklin Law Group in Louisville, we know bus accidents are very different from car accidents — especially in the area of liability. Private bus companies are generally regulated by the Federal Motor Carrier Safety Administration (FMCSA), which has called upon Congress to strengthen its authority in light of recent high-profile bus accidents. In cases involving public buses, such as those operated by Louisville’s Transit Authority of River City (TARC), there are the additional legal complexities of suing a government agency. Cases involving private transportation systems, such as the church bus involved in the Carrollton bus crash of 1988, may prove just as complex.
Whether you have been injured in a crash with a bus, as a passenger on the bus or even as a pedestrian, you may have the right to file a suit to recover damages associated with your injury.
If you have been injured by a bus, as a passenger or driver of a vehicle, several parties may be liable and responsible for your damages. These may include:
If you were a passenger on a bus and sustained an injury in a crash, the bus company, as a common carrier, has a special obligation for your safety, known as the “utmost duty of care.”
If you were injured in an accident involving public transportation, such as TARC, government immunity laws may be invoked, but it is possible to file a personal injury claim. As accomplished, personal injury attorneys, the lawyers at the Franklin Law Group have experience in filing suits against government agencies, and have prevailed in many cases. However, the statute of limitations, which is generally two years for a personal injury lawsuit, may be different when filing a claim against the government. It is important you contact us as soon as possible to protect your rights.
Learn more about your legal options as the victim of a Louisville bus accident injury
Franklin Law Group, PSC
505 West Ormsby Avenue
Louisville, Kentucky 40203