Founding Partner
Liability for a Maryland bus accident can fall on the bus driver, the bus company, a government agency, or a combination of them, depending on whose negligence caused the crash and what type of bus was involved. In many cases, more than one party shares the blame. Figuring out who is responsible takes a careful look at the facts, the kind of bus, and Maryland injury law. The Laurel bus accident attorneys at McGowan & Cecil, LLC help injured passengers, drivers, and pedestrians identify every party that may owe them compensation.
Start With the Driver
A bus crash often begins with the person behind the wheel. Numerous factors and behaviors could result in a crash, including, but not limited to:
- A driver who speeds or runs a red light
- Following too closely or turning without looking
- Driving while exhausted
- Glancing at a phone and other distracted driving
- Driving while impaired
These are the kinds of careless choices that put passengers, other motorists, cyclists, and pedestrians at risk. Because most bus drivers are working when a crash happens, the driver is rarely the only party who can be held accountable. In Maryland, the company that employs the driver is usually in the picture as well.
When the Bus Company Is Responsible
Maryland law generally holds employers responsible for the negligent acts of their employees committed within the scope of their job. So when an on-duty driver causes a crash, the bus company that employs that driver can be liable for the resulting injuries.
Companies that carry passengers for a fee are also treated as common carriers, and Maryland holds a common carrier to the highest degree of care for the safety of its passengers. That is a stricter standard than the ordinary care most people owe each other on the road. A common carrier is not an insurer of safety, so an injured passenger still has to prove negligence, but the heightened duty can make it easier to hold a careless operator accountable.
A bus company can also be liable for its own failures, such as skipping maintenance, ignoring brake or tire problems, hiring an unqualified driver, failing to train and supervise its drivers, or forcing unsafe schedules that push drivers to keep going when they should rest. That negligence could contribute to the cause of a crash.
Suing a Government Agency After a Bus Crash
Many buses on Maryland roads are operated by the government, including state transit buses, county systems, and public school buses. Claims against a government agency follow special rules with much shorter deadlines and firm limits on what you can recover.
If a local government ran the bus, Maryland’s Local Government Tort Claims Act generally requires you to notify the responsible government in writing within one year of the injury, and it caps recovery at $400,000 per individual claim and $800,000 for all claims that arise from the same event. If an ordinary state agency operated the bus, the Maryland Tort Claims Act generally requires a written claim to the State Treasurer within one year and limits the state’s liability to $400,000 per claimant.
The Maryland Transit Administration, which runs many state buses and light rail lines, follows its own rules. Under the MTA Tort Claims Act, you must send a written notice of claim to the MTA within one year of the injury. Unlike claims against most other government entities, MTA claims are not subject to the $400,000 cap, though Maryland’s general limit on non-economic damages can still apply.
Because the correct deadline and the office that must receive your notice depend on which agency was involved, it is wise to get legal help quickly so a missed step does not sink your claim.
Other Parties That May Share the Blame
The driver, the company, and the government are not the only possible defendants. Depending on how the crash happened, responsibility may also reach another motorist whose negligence forced the collision, a maintenance shop that performed faulty repairs, the maker of a defective part such as failed brakes or worn tires, or whoever was responsible for a dangerous road condition. Charter operators and contractors that run buses under contract can be added to that list as well. Identifying every responsible party matters, because each one can be a separate source of compensation for your medical bills, lost income, and pain and suffering.
How Maryland’s Fault Rule Can Affect Your Claim
Maryland is one of the few states that still follows strict contributory negligence. Under that rule, if your own carelessness was a proximate cause of your injury, even a small share of the blame, you can be barred from recovering anything at all. That is why bus companies and their insurers often work hard to shift part of the fault onto you. Careful investigation and strong evidence are essential to protect your Maryland personal injury claim, which is one more reason to involve an attorney early rather than trying to handle the insurer on your own.
Do Not Miss the Deadline to File
Maryland generally gives injury victims three years from the date of the crash to file a lawsuit. As noted above, though, claims involving a government bus can require formal written notice within one year, and the exact rule depends on the agency that operated the bus. Missing the right deadline can end a strong case before it ever reaches a courtroom, so it pays to learn your options soon after the crash rather than waiting.
Talk to a Maryland Bus Accident Lawyer
If you were hurt in a bus accident anywhere in the Baltimore-Washington area, McGowan & Cecil, LLC can help you identify every party that may be responsible and protect your right to fair compensation. Our team takes on the insurers and the paperwork so you can focus on healing. Call today for a free consultation, or contact us for a free case evaluation.