Our Maryland bus accident lawyers have experience in dealing with the many bus systems in our state. Maryland has a bus system that is operated by a few different systems. The Maryland Transit Administration uses a comprehensive bus system. It includes a local bus, a Quickbus, or “QB,” Neighborhood Shuttle Bugs, an Express bus, a Commuter bus, and a Metrobus. The MTA also provides paratransit service for people with disabilities and a Taxi Access program. This offers 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 only sometimes behave within the duty of ordinary care. Understandably, buses can be challenging to maneuver in crowded city streets. But that does not negate the duty bus drivers have to control their vehicles. Also, bus drivers have an additional duty as a common carrier, which I will discuss below.
The classic example of a common carrier is an airline. However, a public bus in Maryland is just as common a 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) must 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 that there is no duty to rescue someone in danger. However, you may be liable if you put them in 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 assist. This is different from any other person on the bus, who is not necessary to help the person choking unless they cause 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. However, 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 reasonably based on the circumstances. If it is raining and visibility is limited, the bus driver should act like any reasonably prudent driver 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, it would be best if you determined who you will sue. If the bus driver was negligent, 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 specific rules that you must adhere to which differentiate these claims from other negligence claims. While more complex, these accidents generally are worth pursuing because government entities have more money and more extensive insurance policies than the drivers, who are jointly and severally liable for your injuries. Additionally, if your family member passes in a bus accident, you may have a claim for compensation in an action separate from that of your family member.
In a Maryland bus accident case, two broad categories of damages are available. We’ll talk about each category below.
These damages are those that you incur due to your accident that are quantifiable. This means that receiving a bill for something because of your accident may be compensable as economic damage. A classic example of this is a bill from a hospital. If you go to the hospital following your bus accident, the expense from that visit is the economic damage you incur. This makes sense. You are incurring an economic injury because of the tortfeasor’s negligence.
There are other forms of economic damages in a bus accident case. Another classic example, besides medical expenses, is lost wages. These are wages that you would ordinarily make but for your injury. Due to your injury, you may no longer be able to work. For example, you may work in construction, and a doctor excuses you from work because your injury prohibits it. But please remember that you will need to take care of any damages. So, you should speak to your employer and find out if a desk job is available for you. But if not, you can recover these lost wages related to your bus accident.
Noneconomic damages cover a broad range of theoretical harm you may suffer. The legal terminology for noneconomic damages in most cases is “pain and suffering.” As an example, if you break three of your ribs and it hurts to breathe, there may not be much a doctor can do to treat you. Sometimes, the best course of action from a medical perspective is to let broken bones heal independently. As a result, you cannot recover as much from medical expenses. Fortunately, the law recognizes that you deserve compensation for your pain and suffering for your broken bones.
Of course, the injury does not have to be broken bones for you to receive a pain and suffering award. Even if the damage is a soft tissue injury where you need physical therapy for two months, you deserve compensation for your pain in that case as well. Moreover, going to physical therapy, an action prescribed by a doctor is a chore that is out of your way. Thus, the law also recognizes this as pain and suffering damage.
While this is technically a subset of noneconomic damages, it is worth addressing. It is also not available in most bus accident cases. Under Maryland law, the defendant’s conduct must be characterized by evil motive, intent to injure, ill will, or fraud. This is known as actual malice. Thus, for there to be punitive damages in a bus accident case, it must be due to intentional conduct or otherwise evil motive. While unlikely, it may be available in some cases.
Punitive damages, in any case, can significantly increase the value of your claim. In general, they are awarded by a court as a multiple of the compensatory damages. So, if the compensatory damages are $30,000, the punitive damages in a case will be a multiple of that number, between one and nine. A court will consider nine factors in a Maryland case when determining whether to award punitive damages. If you have questions about what your case is worth, you can contact a Maryland bus accident lawyer today.
There needs to be more clarity about the next steps immediately after a bus accident or any other motor vehicle accident. This is understandable. It is a situation a few people plan for. Instead, most people learn by experience and after the fact. Here, we will give you the basics of how to handle your accident. Of course, for advice applicable to your case, reach out to a Maryland bus accident attorney right away.
If you are in a collision with a bus, either as a pedestrian or in another vehicle, your injuries may be debilitating. You can be in almost any other mode of transportation, and a bus will have a significant weight advantage. Our advice is to first get yourself out of harm’s way. Whether you are still in a crosswalk as a pedestrian or in the middle of the road in your vehicle, get out of the traffic. This will protect you and allow traffic to flow, enabling emergency vehicles to reach you if necessary.
Moreover, if your injuries are severe enough that you cannot exchange information, do not worry about it. In a scenario where you cannot move, police likely will come to the scene in addition to an ambulance. Police will create a police report with all the necessary information.
I think it’s always beneficial to exchange information with the adverse bus driver. Whether it is a Metro driver or another bus company, we need a person or organization to sue. Also, we would like a reference bus to refer to when filing our complaint. So, you must get as much information as possible. At the least, take a picture of the bus and license plate number if you can; look for the bus driver’s name, bus number, license plate number, and insurance information.
If you go to the hospital immediately after your bus accident, they may direct you to several medical providers. But if you did not go to the hospital and you have lingering pain from your accident, you should consult with your physician immediately. Just to remind you, medical expenses related to your accident are compensable so long as they are reasonable. So, do not be afraid of having to pay to treat your injuries. Moreover, if you do have bad injuries, waiting may exacerbate the problem. For example, you may need surgery. And by not seeing a doctor right away, you may make it worse than it needs to be.
Unfortunately, your worsening of the injury due to not checking in with a doctor may not be compensable. This is because you must mitigate your damages. By not seeing a doctor, you are breaching that duty. Accordingly, the tortfeasor may have a valid defense against at least part of your case.
The legal process can be an arduous journey. It is the job of a Maryland bus accident lawyer to simplify it for you and give you peace of mind. When you hire a personal injury attorney, you take the guesswork out of the equation. Instead, your job becomes focusing on your recovery from your injuries. We handle the legal work and dealing with insurance companies. So you can know that your case is in good hands.
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, please pick up the phone and call us to discuss your right to potential compensation. Our consultations are always free.