Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.
Our Maryland bus accident lawyers have experience in dealing with all of the many bus systems that exist in our state. Maryland has a bus system which is operated by a few different systems. The Maryland Transit Administration operates a comprehensive bus system. It includes a local bus, a Quickbus, or “qb”, Neighborhood Shuttle Bugs, Express bus, Commuter bus, and Metrobus. The MTA also provides paratransit service for people with disabilities as well as a Taxi Access program. This provides more freedom for the rider, but you must be disabled to qualify. There are also some city specific bus systems such as the BaltimoreLink.
Unfortunately, the bus system is not perfect. But more importantly, the drivers do not always behave within the duty of ordinary care. Understandably, buses can be difficult to maneuver in crowded city streets. But that does not negate the duty bus drivers have to control their vehicles. Additionally, bus drivers have an additional duty as a common carrier which will be discussed below.
The classic example of a common carrier is an airline. Although, a public bus in Maryland is just as much a common carrier as anything else. The general rule of the road is that drivers owe a standard duty of ordinary care to foreseeable drivers and pedestrians around them. However, there is a “common carrier” exception to this general rule. Common carriers (and innkeepers) are required to exercise a high degree of care towards their passengers and guests. In other words, common carriers are liable for even slight negligence.
Furthermore, a common carrier in Maryland may have a duty to act when an ordinary citizen otherwise would not. The general rule in tort law is there is no duty to rescue someone in danger. Although, you may be liable if you putting them in that danger. However, a common carrier is under a duty to use reasonable care to aid or assist passengers. For example, if someone begins to suffer from an illness on a public bus, the driver will likely be required to provide some form of assistance. This is different from any other person on the bus, who is under no duty to assist the person choking unless he or she caused him to choke.
Common carrier laws protect our society. For example, with a school bus, we need our bus drivers to go the extra mile to protect our children. Our attorneys fight to ensure parties who violate this rule are held liable.
In a bus accident in Maryland, determining liability is generally the same as it is against a car or truck. Although, you should always consult with a Maryland bus accident lawyer to be sure. While a bus driver is under a heightened duty of care to protect riders of the bus, the driver’s duty is generally the same as any other driver on the road. A bus driver will be liable in Maryland if she fails to control her bus in a reasonable manner based on the circumstances. If it is raining and visibility is limited, the bus driver should act the way any reasonably prudent driver acts and keep a longer distance between her bus and the vehicle in front of her. If the bus driver fails to do so, and that deviation from the owed standard of care causes your injury, you may be entitled to fair compensation.
Then, you must determine who you will sue. If the driver of the bus was negligent, then you may sue the driver in her personal capacity. Additionally, if the driver was acting within the course and scope of her employment as a bus driver, then you may be able to have a claim against her employer. This will rely on § 7-702 of the Maryland Code on transportation. Under the Code, there are certain rules which must be filed which differentiate these claims from other negligence claims. While more complex, these accidents generally are worth pursuing because government entities have more money and larger insurance policies than the drivers who are jointly and severally liable for your injuries. Additionally, if your loved one died in a bus accident, you may be entitled to compensation in an action separate from that of your deceased loved one.
Bus accidents in Maryland can be tricky. While you may not have a case against an ordinary citizen for your injuries, bus drivers are under a heightened duty. Moreover, pursuing a case against the MTA or Metro can be complex. Accordingly, pick up the phone and call us to discuss your right to potential compensation. Our consultations are always free.
Gelb & Gelb, P.C.
N/aCopyright © 2023 Gelb & Gelb, P.C. All rights reserved.