Bus Accidents in Chicago: Available Injury Damages Depend Upon the Bus

Buses in Chicagoland fill our streets, highways, and interstates. They come in all shapes and sizes, from the 40-foot long CTA bus or double-decker Hop On Hop Off tour bus to the smaller shuttle buses.

Our kids take the bus to school. We take the bus to work. Weekend vacations may involve charter buses to all sorts of places. Groups may hop aboard a bus to visit conferences or conventions. Seniors may have regular bus trips to dine out locally or to go to the movies.

Most bus companies providing passenger service are considered a “common carrier” under the law, with a higher duty of care to those who are trusting that bus and its driver to transport them safely to their destination. Think the Chicago Transit Authority, for example. For more on CTA bus accidents, read Things to Know About Chicago Transit Authority Bus Accident Claims.

However, not all bus services are the same. Sometimes, their legal duties will vary and as a result, the damages that are covered for victims of a bus accident involving these different services will be different.

Anyone taking any type of bus, or any family member entrusting a loved one on a bus ride, should be aware of this distinction in the event of an accident. Legal analysis will be needed to confirm the scope of personal injury liability after a Chicago bus crash.

Consider the following:

Variety of Buses Operating in Chicagoland

There are all kinds of commercial motor vehicles that operate as “buses” under state law here in the greater Chicago area.

Public Transit Buses

Bus services like CTA are public transit systems. They are entrusted with great responsibility and have a very high legal duty to keep their passengers safe.

School Buses

There are very strict safety laws and regulations for any bus that is taking schoolchildren anywhere. These school buses not only pick up and drop off kids as part of their daily school attendance, but they may take teams to sporting events, or choirs to competitions. Any school-related function involving a school bus has an extraordinarily high duty of safety for the passengers (kids, teachers, coaches, etc.).

Paratransit Buses (Disability Assistance)

Here in Chicagoland, there are specific buses designed to help those with disabilities get where they need to go. They are sometimes called “ADA Buses,” since they must comply with the Americans With Disabilities Act, among other things, in keeping their passengers safe.

Charter Buses

These may be buses of various sizes. Some may be shuttle-type buses; others very large and plush cruisers. They can be operated by businesses who want to help their customers and clientele easily get to their place, like local casinos who offer routine casino routes. Charter buses may also be hired for a certain event or purpose. Maybe a large family reunion hires a charter bus to get everyone to the gathering, for instance. These buses may have a common carrier or for-hire carrier duty of care owed to their passengers.

7 Different Levels of Legal Protection: Injury Claims for Chicago Bus Crash Victims

Bus crashes in Chicagoland are the target of all sorts of laws, statutes, and regulations. This is in addition to industrial standards for the transportation industry, like those promulgated by the American Public Transportation Association.

If there is a bus accident, then reconstruction experts and legal advocates for the bus crash victims (drivers, passengers, pedestrians, etc.) may help by (1) determining the duties of care owed to them in the situation; (2) what parties (both individuals and companies) have those legal responsibilities; (3) what legal duties were breached; and (4) how to tie those breaches in legal duties to a demand for monetary damages they have caused.

Chicago bus crash claims involve all sorts of legal responsibilities. More than one party may have failed in a legally defined safety responsibility that results in their monetary liability. They include:

1. Crossing state lines comes with federal bus safety duties. There are interstate and charter bus safety regulations overseen by the Federal Motor Carrier Safety Administration (FMCSA). These cover things like the bus driver’s CDL standards; drug testing and hour-of-service rules for the bus driver; and safety issues for charter buses, tour buses, casino buses, paratransit buses, school buses, etc. who drive across state lines.

2. State laws define bus safety duties for school buses. There are also state laws that cover things like school bus driver licensure and oversight, as well as the upkeep of the bus itself (inspections, certifications, etc.). These are overseen by the Illinois Department of Transportation and the Illinois State Board of Education for all Chicago school buses.

3. Regulations may be established by authorities or agencies like the CTA or school districts for things like hiring and contracting with service providers; training of drivers; and overall service operations. These legalities may involve not only public transit or school buses but various ADA buses, etc.

4. Laws are also in place that require contracting bus companies to maintain safety for the buses (think school buses; charter buses; tour buses; casino buses; etc.) They define duties which the companies must oversee such as maintaining the buses; keeping up with insurance; and making sure they are up-to-date on current legal compliance.

5. Bus drivers have legal duties of care, too. They must not only qualify for a Commercial Driver’s License (CDL), they must be compliant with its demands. Bus drivers have a duty not just to drive the bus safely, but to do pre-trip inspections to make sure the bus is safe to operate. They also need to act in a reasonable and prudent manner in the event of a bus crash, ensuring passenger safety for all involved.

6. Sponsors of any bus trip may have legal safety responsibilities under the law to those taking the bus. They need to make sure they are contracting with a bus service that is legal and has proper and current accident coverage, for instance. This includes not only casino buses, but those buses being used to carry folk to a special event.

7. Municipal authorities like the City of Chicago or other cities or counties in the Chicagoland area may have legal liability if they can be shown to have violated duties of safety involving lighting; safe bus stops; road conditions at the time of the bus crash; and instances of poor or unsafe infrastructure maintenance.

Chicago Bus Accident Victim: Personal Injury Claims After a Bus Crash in Chicagoland

Anyone hurt in a Chicagoland bus crash may have legal redress against one or more defendants who have financial responsibility for their harm.

Each bus crash must be given respect for its unique characteristics and investigated for evidence of all the reasons why the bus accident happened. Legal claims for damages may be found against one or more parties, where not only common carrier liability may be found but vicarious liability for contractors as well as things like violations of the ADA.

Bus accident victims and their loved ones may have personal injury claims to assert against one or more entities and individuals involved in the crash. There may be monetary damages available to them that cover not only past, present, and future medical expenses but pain and suffering; lost wages; lost earning capacity; psychological therapy; physical rehabilitation; loss of a normal life; and more.

For more, read:

All sorts of buses are taking passengers along our Chicagoland roadways every day, and their dangers are not only recognized in the law but given strict and clear protections in duties placed upon all those in possession, authority, or control of any aspect of the bus ride. Bus travel is vital but accidents do happen. Please be careful out there!