Understanding Your Rights as a Bus Accident Victim in Ohio

Bus accidents often result in devastating injuries due to the size and weight of the vehicle. Whether you’re a passenger, pedestrian, or driver of another vehicle, the legal landscape for bus accident claims is uniquely complex. At Paulozzi LPA, we specialize in handling these intricate cases, ensuring that victims receive the compensation they deserve. In this comprehensive guide, we’ll explain your rights, how to file a claim, the nuances of different types of bus accidents, and what makes bus accident cases distinct from other personal injury claims.

Why Are Bus Accident Cases Different?

Bus accidents are not your average motor vehicle collisions. Several factors make these cases particularly complex:

1. Lack of Safety Equipment: Unlike cars, buses often lack seat belts or airbags, increasing the likelihood of severe injuries.
2. Public and Private Ownership: Many buses are operated by government entities, which can bring additional legal hurdles like sovereign immunity laws and stricter deadlines.
3. Multiple Victims: The large number of passengers on buses means there are often multiple injury claims arising from the same incident.
4. Complex Liability: Fault may lie with several parties, including the driver, the bus company, maintenance providers, or even the municipality.
5. Severity of Injuries: Due to the size and weight of buses, accidents often result in catastrophic injuries such as spinal injuries, traumatic brain injuries (TBI), and even fatalities.

These complexities highlight the importance of hiring an experienced bus accident attorney who understands the nuances of these cases.

Common Causes of Bus Accidents

Understanding the causes of bus accidents is crucial for identifying the liable parties. Common causes include:

• Driver Negligence: Fatigue, speeding, distracted driving, or insufficient training.
• Mechanical Failures: Brake malfunctions, engine issues, or worn tires due to poor maintenance.
• Road Hazards: Potholes, inadequate signage, or inclement weather.
• Third-Party Negligence: Reckless drivers or manufacturers of defective parts.
• Overloading: Exceeding the bus’s weight capacity can lead to mechanical failure or loss of control.

Types of Bus Accidents in Ohio

1. Public Transportation Bus Accidents

Public transportation buses, often operated by city or county governments, are lifelines for many Ohio residents. When accidents occur, the following factors often come into play:

• Government Liability: Public buses are typically owned and operated by government entities. This can introduce legal protections under Ohio’s sovereign immunity laws, outlined in Ohio Revised Code § 2744, which limits the liability of political subdivisions. However, exceptions exist, such as if the accident was caused by negligence.
• Strict Deadlines: Claims against government entities often have shorter filing windows. Acting quickly is essential.

Victims of public transportation accidents may include:

• Passengers
• Pedestrians struck at bus stops
• Drivers of other vehicles involved in collisions

2. School Bus Accidents

School bus accidents are particularly concerning due to the involvement of children, who are among the most vulnerable road users. Common causes include:

• Driver Negligence: Distracted driving, speeding, or failure to adhere to traffic laws.
• Poor Maintenance: Faulty brakes, worn tires, or outdated safety equipment.
• Improper Loading/Unloading: Accidents often occur during these high-risk moments.

Ohio law requires additional safety standards for school buses, but these measures do not eliminate the risk of accidents. Victims of school bus accidents may include:

• Students: Injuries sustained while riding the bus or during boarding and disembarking.
• Pedestrians: Individuals in the vicinity of bus stops or accident scenes.
• Other Drivers: Motorists involved in collisions with school buses.

At Paulozzi LPA, we are well-versed in handling school bus accident claims, ensuring children and their families receive the justice they deserve. If your child has been injured, you can file a claim on their behalf to seek compensation for medical expenses, pain and suffering, and other related costs.

3. Charter and Tour Bus Accidents

Charter and tour buses often travel long distances, increasing the risk of fatigue-related accidents. Additionally:

• These buses are typically operated by private companies, making liability clearer but still requiring thorough investigation.
• Claims may involve violations of federal safety regulations overseen by the Federal Motor Carrier Safety Administration (FMCSA).

How to File a Claim After a Bus Accident in Ohio

Filing a claim after a bus accident involves several crucial steps:

1. Determine the Liable Party
   • Bus Driver: If driver negligence caused the accident.
   • Bus Company: For poor maintenance or improper hiring practices.
   • Government Entity: For publicly operated buses.
   • Third Parties: Including other drivers or manufacturers of faulty parts.
2. Gather Evidence
   • Police reports, witness statements, medical records, and photos/videos of the accident scene.
3. File a Notice or Claim
   • If the bus is operated by a government entity, you may need to file a formal notice of claim before pursuing a lawsuit.
4. Negotiate or Litigate
   • Work with an experienced bus accident attorney to negotiate a fair settlement or proceed to trial if necessary.

Compensation for Bus Accident Victims

Victims of bus accidents may be entitled to compensation for:

• Medical Expenses: Emergency care, surgeries, rehabilitation, and long-term treatments.
• Lost Wages: Income lost due to inability to work.
• Future Earning Potential: Compensation for diminished earning capacity.
• Pain and Suffering: Emotional distress and reduced quality of life.
• Wrongful Death: Funeral expenses and loss of companionship for families of deceased victims.

Ohio’s Comparative Negligence Laws

Ohio follows a comparative negligence rule under Ohio Revised Code § 2315.33, allowing you to recover damages even if you are partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, you can recover 80% of the damages.

It’s important to note that if your fault exceeds 50%, you may be barred from recovering any damages. Consulting an experienced attorney can help you navigate these complexities and maximize your compensation.

Ohio’s Statute of Limitation

In most personal injury cases, Ohio law grants you two years from the date of the accident to file a claim. However, when pursuing claims against government entities, the deadlines are often shorter and may involve additional procedural requirements.

Failing to file within the appropriate timeframe can result in losing your right to seek compensation. To ensure your claim is filed correctly and on time, it’s crucial to consult a legal professional as soon as possible.

Seeking Justice For Ohio Bus Accident Victims

Bus accidents can result in devastating injuries and overwhelming financial challenges for victims and their families. At Paulozzi LPA, we are dedicated to securing the compensation you deserve while providing compassionate support every step of the way. Don’t face this difficult time alone—contact us today for a free, no-obligation consultation to discuss your case and explore your legal options. Let us fight for your rights and help you move forward, rebuilding your life with the justice and compensation you deserve.