A bus operator, company, or another party may be held accountable for an accident if they breach their duty of care.
New Jersey residents rely heavily on public transportation for their daily routines, whether they are commuting to an office in Jersey City, heading to school, or traveling across the state for shopping and leisure. While many people depend on these services to get where they need to go, not every trip concludes without incident.
Our state sees a troubling number of bus accidents and related fatalities every year when compared to other regions across the country. Data from the National Highway Traffic Safety Administration reveals that New Jersey frequently appears among the top ten states for deaths resulting from bus crashes. This reality means that many local residents who board a bus every morning or take an occasional long-distance trip are facing significant risks on the road. While any vehicle collision can change a life forever, the sheer size and passenger capacity of a bus means that these wrecks often result in much more severe consequences for everyone involved.
Parties That May Face Financial Responsibility
Determining who is at fault for a bus accident depends entirely on the specific details of the event, as the driver, the bus company, or even a manufacturer of faulty parts might be responsible for the resulting harm. When school bus accidents occur, the situation changes slightly because the local school district or a specific maintenance provider might be the ones answering for the damages.
Because these vehicles are so large, the impact they have on smaller cars and pedestrians is often catastrophic. We frequently see that driver negligence is the primary factor behind these crashes, though other elements play a role as well. Common reasons for these collisions include poor roadway conditions, bad weather, or even the driver being under the influence of substances. In some instances, the bus company failed to perform proper maintenance, or a mechanical failure occurred that could have been avoided with better care.
When Driver Error Leads to a Collision
To hold a bus driver at fault, it must be shown that they acted in an irresponsible or incorrect manner while they were operating the vehicle and carrying passengers. This type of negligence often shows up when a driver decides to ignore traffic laws, skip past road signs, or go well over the posted speed limits.
A driver who is not paying attention or who chooses to disregard safety practices puts dozens of lives at risk at once. This might involve using drugs or alcohol before a shift or simply making a very poor judgment call while in heavy traffic. Some drivers attempt to weave between lanes as if they were in a small car, which is incredibly dangerous when operating a massive bus. Trying to cut off another driver to save a few minutes can lead to the driver losing control entirely, especially if they are traveling at higher speeds, resulting in a multi-car wreck.
The Process of Demonstrating Fault in Legal Claims
Most of these legal cases are built on the theory of negligence. When you are going through the aftermath of someone else failing to be careful, you may be dealing with permanent injuries or even the loss of a loved one. The risk is magnified in bus accidents because so many people are in the same vehicle, which often leads to a long list of injured parties from a single crash.
A person bringing a lawsuit must show through evidence that the defendant owed them a legal duty to act with a specific level of care and then failed to meet that standard. You have to prove that this failure was the direct reason the accident happened and that it caused the physical or financial harm you are experiencing. To support these claims, we look at traffic camera footage, police reports, statements from people who saw the crash, and medical records. If there is a suspicion that the driver was impaired, results from breathalyzers or toxicology reports become a central part of the evidence.
Legal Actions Against Private Bus Companies
Under the Common Carrier Law, public entities and commercial bus companies are held to a higher standard of care regarding the safety of their passengers, which can be a helpful factor when you are seeking compensation as a victim. Companies like Greyhound provide a specific type of coverage known as Medical Expense Benefits, which can pay out up to $250,000 for medical costs. It is worth noting that if you are filing a claim against a driver specifically, they are not required to have extra insurance beyond what a normal driver in New Jersey carries.
Pursuing Compensation From Transit Operators
When you are dealing with a commercial bus operator, things like pain and suffering are not typically covered by standard Medical Expense Benefits or personal injury protection, as those usually only pay for treatment that is deemed reasonable. However, if an injury is so severe that it is considered life-altering or permanent, that rule is set aside and you may be able to seek other types of damages.
Public entities are usually organizations that provide a service on behalf of the government, such as NJ Transit. If you are experiencing the process of filing a claim against NJ Transit, you will find that it is different from a standard lawsuit. New Jersey law requires you to file a notice of claim within 90 days of the day you were hurt. Even if you plan to go to court later, the agency must have this notice within that short three-month window. Once they have it, they might take six months to look it over. Because of these rules, you have to move very fast. While you usually have two years to start a personal injury case in our state, these public entity rules mean you cannot afford to wait.
Filing Suit Against Other Responsible Individuals
There are times when the person at fault is not the bus driver or the company, but a third party on the road. This happens if another driver cuts off the bus without signaling, making it impossible for the bus to stop in time. We have even seen cases where a driver did not secure their cargo correctly, leading to items falling onto the highway and causing a massive pileup involving a bus. In those situations, you would file a claim against that driver’s insurance or take them to court for their negligence. New Jersey also has the Tommy Laws, which ensure that victims of NJ Transit accidents have access to counseling and compensation.
Contact Chamlin, Uliano & Walsh for Help With Your Claim
Trying to figure out how to settle a case or file a lawsuit after a bus wreck is often a very frustrating and complicated experience for a family. To make sure you receive the full compensation you deserve for your injuries and the pain you are going through, you should talk to an injury law firm that has spent decades handling these specific New Jersey rules.
Since 1960, Chamlin, Uliano & Walsh has provided trusted legal representation, with two generations of leadership and over $100 million recovered for our clients. Every case has different timelines and variables, so reaching out for a consultation as soon as possible is a smart move. You can reach our office at (732) 229-3200 to talk about your situation and start the process of seeking justice