In the state of Georgia, bus companies, like all common carriers, are bound to use extraordinary diligence to protect the lives and persons of their passengers. So when the company’s negligence leads to bus accidents, the consequences can be severe.
Beow, we’re taking a closer look at the legal aspects of bus company negligence in Georgia, focusing on maintenance and training, as well as how a Roswell bus accident lawyer can assist you if you were involved in such a crash.
Legal Framework
In Georgia, bus companies are considered common carriers. This means they have a heightened duty of care towards their passengers. This duty extends to ensuring that their buses are in good working order and that their drivers are adequately trained.
Common Carrier Responsibility
As common carriers, bus companies are bound by law to use extraordinary diligence to protect the lives and persons of their passengers. This means they are required to go above and beyond the standard level of care to ensure passenger safety.
This includes maintaining their vehicles to a high standard and ensuring their drivers are well-trained and competent.
Regulatory Oversight
Bus companies in Georgia are subject to regulatory oversight from various state and federal agencies. These agencies enforce laws and regulations related to vehicle maintenance, driver training, and passenger safety.
Failure to comply with these regulations can result in penalties for the bus company, and can also be used as evidence of negligence in a personal injury lawsuit.
Maintenance Negligence
Maintenance negligence refers to a bus company’s failure to properly maintain its vehicles. This can include, but is not limited to, failing to regularly inspect the vehicles, failing to fix known issues, and using substandard parts for repairs.
If a bus accident occurs as a result of maintenance negligence, the bus company can be held liable. Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more.
Training Negligence
Training negligence occurs when a bus company fails to properly train its drivers. This can involve inadequate training programs, failure to provide ongoing training, or allowing unqualified individuals to drive.
Like maintenance negligence, training negligence can lead to bus accidents. If an accident is caused by a driver’s lack of training, the bus company can be held legally responsible.
Proving Bus Company Negligence
To successfully sue a bus company for negligence, a plaintiff must prove four elements: duty, breach, causation, and damages.
The bus company’s duty is established by its status as a common carrier. Breach is shown by demonstrating that the company failed to uphold its duty, either through inadequate maintenance or training.
Causation involves proving that this breach directly led to the accident. Finally, the plaintiff must show that they suffered damages as a result.
Duty and Breach
In negligence cases, “duty” refers to a relationship between the plaintiff and the defendant. For bus companies, this duty is established by their status as common carriers and their responsibility to their passengers. A breach of this duty can occur when a bus company fails to properly maintain its vehicles or adequately train its drivers.
Causation
After demonstrating a duty of care and breach of that duty, the plaintiff must show that the defendant’s negligent conduct caused their injuries. In a Georgia personal injury case, the plaintiff is required to prove two types of causation: actual cause and proximate cause.
Actual cause refers to the direct cause of the injury, while proximate cause refers to a cause that was a substantial factor in bringing about the injury.
Damages
Finally, the plaintiff must demonstrate that they suffered damages as a result of the bus company’s negligence. These damages can include medical expenses, lost wages, pain and suffering, and more.
The required standard of proof in a personal injury claim is by a “preponderance of the evidence.” That means that the plaintiff must prove that the defendant was negligent and caused injuries that resulted in damages.
How Can a Roswell Bus Accident Attorney Help?
Bus company negligence, whether it involves maintenance or training, is a serious issue that can lead to devastating accidents. Victims of such negligence have legal recourse and may be able to obtain compensation for their injuries.
If you or a loved one has been injured in a bus accident in Georgia, it is crucial to consult with an experienced Roswell bus crash attorney at The Weinstein Law Firm. Contact us at 770-HELP-NOW, we can guide you through the legal process.
