Bus driver fatigue is a big problem that can lead to severe accidents and risk the lives of passengers and other road users. This blog post will look at the legal consequences of bus driver fatigue and passenger rights, and how an Atlanta bus accident lawyer can help protect your rights if you were involved in a bus crash.
The Problem of Bus Driver Fatigue
Fatigue impairs quick reaction time and proper judgment in driving. In Atlanta, like in many towns, bus drivers often work for long hours sometimes under stressful conditions which causes fatigue. According to the Georgia Department of Transportation, 1 in 10 car crashes are caused by fatigued drivers.
However, this does not only affect the drivers themselves but also the people they are carrying and other road users as well. Fatigue stems from various factors such as working for long hours, inadequate rest between shifts or the repetitive nature of their work.
Legal Implications of Bus Accidents
There can be occurrences of bus accidents within various types of transport media. These include public transportation like MARTA-buses or school buses as well as private transport like tour buses or charter buses.
Public Bus Accidents
In civil and criminal litigation against the city, the City Attorney’s Office represents Atlanta; they defend it against lawsuits filed either by individuals or entities and may also file a lawsuit on behalf of the city if necessary.
In case any accident results from negligence attributed to sleepiness experienced by a bus driver, the city could be held responsible. This may cause significant financial fines for Atlanta, along with damage to its reputation.
Private Bus Accidents
There is a legal obligation imposed upon bus companies so that they can ensure passenger safety while using their services. Consequently, negligence might result in litigation against them whereby injured passengers bring up claims or charges are imposed by regulatory bodies or even insurance premiums are increased.
Passenger Rights When Involved in a Bus Accident
Safe travel is guaranteed to every passenger. In the context of bus travel, this means that bus companies and their drivers must ensure that their passengers are safe. This includes taking reasonable steps to prevent accidents, such as ensuring that drivers are not fatigued.
The respondeat superior doctrine applies to bus drivers involved in an accident and states that the bus company (in private accidents) or the city (in public accidents) will be held responsible for the actions of their drivers.
In case of a bus accident caused by fatigue, leading you to sustain injuries as a passenger, you can file a personal injury claim against the driver. Injured victims may seek recovery for losses and damages resulting from the incident. These damages may include things like medical costs, lost earnings, pain and suffering among others
Elements to Prove Breach of Care
However, for a passenger to succeed in a personal injury lawsuit, several elements have to be proven. The first is that there was a duty owed by the driver to protect all passengers who were onboard his or her vehicle at the time of impact. This is normally easy because it is a clear obligation for any bus driver to operate in such a way that safety of passengers is maintained within their vehicles during journeys.
Secondly, a passenger must demonstrate that a driver of a bus violated the duty of care. In relation to driver fatigue, this may include proving that the driver was too fatigued, that they knew about their tiredness but still decided to continue driving, or that the rest breaks and working time restrictions had not been imposed by the management of buses.
Third, the passenger must demonstrate that the breach of duty caused their injuries. This usually requires medical evidence, such as records of treatment and expert testimony.
Finally, the passenger must provide evidence of the damages they have suffered. This could include medical bills, proof of lost income, and testimony about the impact of the injuries on their quality of life.
An Atlanta Bus Accident Lawyer Can Help Your Claim Succeed
It’s important to note that personal injury law can be complex, and the process of filing a claim after an accident caused by bus driver fatigue can be challenging. An Atlanta bus accident lawyer can help you understand your rights, gather evidence, and be your advocate in court or in negotiations with insurance companies.
If you have been involved in a bus accident contact The Weinstein Law Firm at 770-HELP-NOW for a free case review.
