While buses have historically provided one of the safest forms of transportation, there has been a slew of serious bus accidents during recent years. While many of these accidents have involved rogue private bus companies, some notable bus accidents have also involved school buses. Bus accidents can be the result of poor maintenance, improper training and supervision of drivers, bus drivers impaired by drugs or alcohol and other factors. Because buses lack safety features like seatbelts and airbags, bus accident victims can suffer life-altering injuries including wrongful death. We have provided answers to frequently asked questions regarding Mississippi bus accidents.
Isn’t being involved in a bus accident akin to being struck by lightning?
While buses have historically been one of the safest forms of transportation, there have been a fair number of significant bus accidents in recent years that have caused serious injury and wrongful death. The problem has become so prevalent that federal regulators have considered changing regulations to increase inspections and make it more difficult for rogue bus companies to simply close up shop and re-open under another business name.
What is a common carrier?
A common carrier in this context is an entity that transports the general public as passengers for a fixed fee.
What legal duty do bus operators have to their patrons?
A bus is classified as a common carrier which means that they have a higher duty of care to safely transport their patrons than drivers of passenger vehicles. The theory behind the higher standard of care is that passengers on common carriers have no ability to protect themselves from the negligence of common carriers. Because a bus patron has no control over the maintenance or operation of a bus, it is appropriate to shift the liability for negligence in such matters to the bus company.
Are there special rules that apply to school buses or transit buses run by public entities?
Bus lines run by school districts or municipalities or other government entities may have some degree of sovereign immunity. Sovereign immunity protects public entities, officials and employees from litigation when performing public duties. However, most public entities waive this sovereign immunity to some degree based on tort claims acts. These acts generally require a claim (e.g. notice) be filed with a public entity before any form of litigation is initiated. The time limit for filing a claim with a public entity is usually shorter than the statute of limitations so it is important to seek legal advice immediately if you are injured in a bus accident.
Are bus accidents really an issue in Mississippi?
There have been some significant bus accident in Mississippi in the last several years with notable examples including:
- Fatal School Bus Tractor-Trailer Collision (Feb 2011): Three people were killed when a tractor-trailer clipped one school bus and slammed head-on into another school bus. The fatal school bus collision occurred at the intersection of Highway 8 and 9 in Calhoun County, Mississippi.
- School Bus Logging Truck Collision (Dec 2011): A school bus collided with a logging truck in Southern Mississippi (Montgomery County) resulting in injury to twenty school children who were passengers on the school bus. The logging truck collided with the side of the school bus causing it to rollover on its side.
- Boy Struck While Trying to Catch School Bus (February 2011): A ten-year-old boy in Gulfport, Mississippi was struck and killed by a school bus that he was running alongside and trying to catch.
- Fatal Collision between a School Bus and Commercial Truck (April 2011): One girl was killed and ten children injured in a fatal collision between a Boliver County, Mississippi Shaw District school bus and a commercial big rig. Three other children suffered potentially life-threatening injuries.
While this list of Mississippi bus accident during the last year is hardly exhaustive, it shows both the seriousness and diversity of Mississippi school bus accidents. If your child is injured in a school bus accident, you and your child may have a right to seek compensation from the school district and other drivers that contribute to your accident. The experienced Mississippi bus accident attorneys at Barrett Law have been providing aggressive representation to Mississippi bus accident victims for over 75 years. We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.