Yes, you can sue the government if you are involved in a bus accident. When you are injured in a public bus accident, and it is the responsibility of the bus driver or the bus owner, you must bring a case against a government agency. Since public buses are local governments’ property, claims against the bus company are effectively allegations against the government.
However, the legal procedure will be complicated if a government entity owns the bus company.
A claim will be subject to additional procedural restrictions and a cap on the total damages available to you. Claims against government agencies are subject to a six-month statute of limitations and a somewhat different procedure.
You must first submit a claim to the relevant government agency to get compensation for your injuries. You must immediately hire an expert bus accident lawyer to help you navigate the legal process and get the compensation you deserve.
Sovereign Immunity When Suing Government Employees
Sovereign immunity is an ancient legal notion that shields governments from civil litigation. Simply put, suing a government agency would need the government’s approval.
However, most local and state governments have implemented legislation that makes their agencies liable for bus accidents that are the driver’s fault or the agency that owns and oversees the bus’s operations.
According to the conventional understanding of the sovereign immunity concept, local governments, including school districts, towns, and counties, do not enjoy the protections afforded to state and federal governments.
A lawyer specializing in bus accidents may provide tailored advice after investigating how sovereign immunity and other procedural rules are interpreted in your state.
When Are Bus Drivers Liable For Causing Injury to Someone?
In most jurisdictions, bus drivers are held to a greater standard than other motorists regarding the obligation of “reasonable care” on the roads and highways. Bus operators are required to take “heightened care,” “utmost care,” or “highest practicable care” instead of “reasonable care.”
If the bus driver’s actions fall below this standard of care and the driver’s activity causes an accident, the driver may be held accountable for injuries and other damages suffered by passengers or anyone else who is hurt as a direct consequence of the driver’s carelessness.
This means that if a person sustains injuries directly caused by the bus driver’s negligence or violation of a duty of care, the bus driver is responsible for compensating the victim for such injuries and losses.
If a passenger or third party sustains injuries due to the owner’s carelessness, the carrier firm would be responsible for paying such costs. Regulation of commercial drivers, such as those operating buses, may be inconsistent. Regulations from the federal government are usually applicable to public bus companies that routinely carry people over state boundaries. If the carrier solely operates inside the state’s borders, then it is subject to the laws of that state.
According to the rules, in both state and federal law, an employer may be held accountable for an employee’s carelessness while performing duties related to their job, thanks to the theory of respondent superior. Hence, under the law of the respondent superior, the bus owner is also accountable to the driver.
Furthermore, in most jurisdictions, operators of public buses are obligated to inform their customers of any risks associated with riding their vehicles. Bus companies, for instance, need to inform passengers that standing in an aisle while the vehicle is in motion poses a risk of serious harm. Nonetheless, the bus company may not be responsible for accidents and injuries caused by a specific danger if a passenger may foresee that they might be harmed in such circumstances.
Lastly, under a conventional theory of negligence, the bus owner would be personally accountable if a failure to warn or other carelessness caused an accident that resulted in losses and injuries to passengers and others.
