After tour bus accidents, victims may be able to hold multiple parties responsible, including the driver, and the tour bus company.
Tour bus accidents can occur for many different reasons, but they often result in devastating injuries for passengers in the buses as well as drivers and passengers of smaller passenger vehicles that are involved in these crashes.
Tour buses are defined as common carriers, which refers to commercial vehicles that carry passengers from one location to another. Common carriers have the highest duty of care when it comes to ensuring that their vehicles are safe.
But the challenge for victims of tour bus accidents is determining which party is liable for the crash. Let's take a look at who may be held responsible after a tour bus accident.
Determining Tour Bus Accident Liability
Determining tour bus accident liability is dependent on the specific circumstances that led to the event. However, there are three parties that are often held liable in these types of accidents, including:
- The Tour Bus Driver – Tour bus drivers are required to exercise the utmost care when they operate their vehicles. Many drivers do exercise this care, but when a driver fails to do so, it can cause an accident that results in serious injuries or even death. Some common reasons drivers cause tour bus accidents include distracted driving, speeding, failure to obey traffic signs, improper lane change, and fatigue. If victims of these types of accidents can prove that the driver’s actions significantly contributed to the tour bus crash, they can hold that driver liable for their resulting injuries.
- Tour Bus Carrier – In some instances, the tour bus carrier may be liable if it failed to ensure that the tour bus was safe to operate on the road. Tour bus carriers are required to ensure that their vehicles are regularly serviced, and to make any repairs that could cause the vehicle to be unsafe for passengers.
Tour bus carriers are also required to inspect their vehicles, and if they fail to do so, and an accident occurs that is a direct result of a problem that an inspection would have detected, carriers may be held liable. Tour bus carriers may also be held liable for an accident that results from a driver who was intoxicated or on drugs. If victims can prove that the carrier should have know that the driver was likely to be impaired based on evidence of prior citations, the carrier can be held liable for its driver’s actions.
Carriers would also be held liable if they sub-contracted with a driving company without checking the references of the drivers to ensure that they are properly licensed and trained. Trained drivers are more likely to follow driving schedules, and to understand how to operate tour buses during inclement weather to prevent accidents.
- Owner/Supervisor of Tour Bus Destination – In some instances, tour bus accidents are the result of some type of obstacle, impediment or negligence on the part of the owner or supervisor of a destination. For example, if a tour bus arrives at the parking lot of a resort, and that parking lot is filled with massive potholes and other debris that causes the tour bus to have an accident, the owners or supervisor of that destination or location can be held liable for not properly maintaining the premises in a manner that would provide safety for vehicles.
What Liability Means In Tour Bus Accidents
It is important to understand what liability means in tour bus accidents, because it is not about whether someone made a mistake, but rather whether a party was negligent.
When claimants file a civil action after suffering injuries in tour bus accidents, they are asserting that either the tour bus driver, the tour bus carrier, or a responsible party at a tour destination acted in a negligent manner that caused the accident.
The elements of negligence typically require that claimants prove that the defendant had a duty of care that they breached, and that the breach directly caused the accident, and also caused the claimants some type of injury that requires compensation.
Proving that someone is liable in these types of accidents can be a challenge that often requires tangible evidence that makes it clear who was at fault.
The Involvement of a Manhattan Tour Bus Accident Attorney
Tour bus accidents are a sad reminder that even in the most leisurely of times, things can go awry, and when they do, they can cause devastating injuries. The physical and psychological toll of a tour bus accident can linger for years, which is why victims often seek relief by taking legal action against those they believe were responsible. In New York, victims can consult with a Manhattan tour bus accident attorney to protect their rights and determine whether their circumstances merit a legal claim.
If you are interested to learn more about Manhattan Tour Bus Accidents visit the blog of New York Tour Bus Accident Attorney Jonathan C Reiter on Bus Accidents
Jonathan C. Reiter Law Firm, PLLC
Jonathan C. Reiter. T: 212-736-0979.
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