What Can I Do If I Injure Myself In A COMPASS Bus?

For the most part, traveling by public transportation is far safer than traveling by passenger vehicle. According to the American Public Transportation Association, you are 10 times safer per mile when you travel by bus than when you travel in a passenger car or truck. In other words, you can reduce your risk of being in an accident and sustaining injuries by 90% if you opt to commute via public transit over your personal vehicle.

That said, bus accidents can and do still happen. In 2020, 2,032 bus accidents occurred in the state of Texas alone. Eight of those accidents proved fatal, 42 resulted in serious injuries, and 174 resulted in minor injuries. Nearly 600 of the crashes resulted in possible or suspected minor injuries.

If you were involved in a COMPASS bus accident in Texas, and if you sustained moderate to severe injuries, the law may entitle you to compensation for your injuries and related damages. However, it is critical that you act quickly and appropriately in the days and months following a bus crash, as failure to do so may cause you to unwittingly forfeit your rights. To protect your rights and ensure that the at-fault party fully compensates you for your losses, contact the bus accident attorneys at Fielding Law as soon after your accident as possible.

Why COMPASS Bus Accidents Occur

According to the Federal Motor Carrier Safety Administration, many commercial bus accidents occur for the same reasons that passenger vehicle accidents occur: driver inattention. Driver-related factors that commonly contribute to COMPASS bus accidents are as follows:

• Texting while driving
• Distracted driving
• Lack of or adequate training
• Failure to maintain the vehicle or any on-board equipment
• Drowsy driving
• Reckless driving
• Poor decision-making while behind the wheel

Other factors that often contribute to commercial bus accidents include improperly loaded cargo, adverse weather conditions, equipment or vehicle malfunctions, poor road conditions and the reckless hiring of drivers with poor driving records.

Common Carriers Must Exercise a Higher Degree of Care

Texas law considers commercial buses — including COMPASS, Greyhound, charter buses, nursing home buses, airport shuttles and the like — “common carriers.” Common carriers and their drivers have a legal obligation to exercise a higher duty of care for their passengers. A higher degree of care means that drivers must act with the same degree of caution, competence and prudence that any reasonable person under similar circumstances would exercise. Because of this stricter standard, bus drivers and the companies for which they work have little leniency when it comes to upholding passenger safety. If a bus accident occurs through any fault of the driver or the company, either party or a related entity may assume full financial responsibility for passengers’ injuries or losses.

Possible Liable Parties in a COMPASS Bus Accident Case

When it comes to commercial vehicle accident cases, there are several possible liable parties. Individuals or entities against which you may pursue damages are as follows:

• The Bus Driver: If the bus accident in which you were involved occurred because the driver violated a traffic law or failed to exercise reasonable care, you may be able to pursue compensation from him or her. However, know that, as an employee of COMPASS, the driver is likely protected by vicarious liability laws. What this means is that, though the driver caused the accident, his or her employer may assume responsibility for his or her conduct based on its supervisory status. The only reason the driver would assume sole accountability is if his or her conduct occurred when off the clock and when acting outside the scope of his or her job responsibilities.
• The Busing Company: As discussed in the above point, the busing company may assume vicarious liability for an employee’s actions or inactions. However, the company may also assume direct responsibility. For instance, if it turns out that the company engaged in negligent hiring practices that overlooked poor driving records, or if the company forced drivers to work well beyond the maximum service hours for any given day or week, the deciding parties will likely hold the company directly responsible for the incident. This may also be the case if a company failed to maintain its fleet, and if said failure caused an accident.
• The Bus Manufacturer: If investigators determine that a faulty bus part contributed to the accident, you may also pursue damages against the bus manufacturer. In such a case, both the busing company and the bus manufacturer are likely to share responsibility.
• A Third-Party Driver: If a negligent third-party driver ultimately caused the accident, you may be able to include him or her in your claim for compensation. Depending on the circumstances leading up to the accident, said driver may assume full responsibility or share liability with the bus company.

Depending on the circumstances surrounding and leading up to your COMPASS bus accident, you may be able to file a claim against several parties. The more entities you involve in the lawsuit, the greater the likelihood that you will recover the maximum amount of compensation.

Steps To Take After Your Bus Crash

Now that you know who you can possibly sue for your damages, you may wonder what you should do to initiate the claims process. Ideally, you will begin taking steps to secure a full recovery as soon after the accident as possible. Below are a few things you should begin doing in the moments, days and weeks following your commercial bus accident:

• Call 911: Bus drivers have a legal obligation to contact the authorities immediately after a bus accident occurs. If the driver does not or cannot contact the police, though, make the call yourself. Attending police officers can take witness statements, gather evidence and make a report, all of which can help bolster your case.
• Gather Information: If you can, gather as much information about the bus driver and its company as you can. Make note the bus’s DOT number, the driver’s name and contact information, and his or her insurance information. Also, try to get the names and contact information of other passengers, as well as the license plate numbers of other involved vehicles.
• Document the Scene: Again, if you are able, take pictures and videos of the scene. In addition to documenting injuries and vehicle damage, try to get pictures of nearby street signs, traffic signals, skid marks, road conditions, etc. These photos may be able to help in the accident reconstruction process.
• Get Medical Care: Even if you do not sustain any obvious injuries, do not decline medical attention. Not all vehicle-related injuries are apparent until hours or days after the incident occurs. Initial medical reports can go a long way toward supporting your claim that any latent injuries are accident related.
• Follow Doctor’s Orders: If you do sustain injuries, never skip a doctor’s appointment or deviate from the treatment plan. If you do either, the opposing party and its insurance company may use your inactions to downplay your injuries and pay you less than what your case is worth.

Contact a COMPASS Bus Accident Attorney

Following a COMPASS bus accident, one of the best things you can do is contact an attorney who has experience with commercial vehicle accidents. A skilled lawyer can help you identify all possible at-fault parties, gather evidence and share your story in a way that promises the largest possible recovery. To speak with such an attorney, schedule your free case evaluation with Fielding Law today.