Representing Victims of Motorcoach and Bus Accidents
Motorcoaches are commercial passenger buses that may operate on established routes or by charter for tours and travel, carrying up to 59 passengers on any given trip. In 2006, more than 630 million passengers took trips in motorcoaches, almost as many passenger trips as U.S. commercial airlines carried that year. The Federal Motor Carrier Safety Administration (FMCSA) reports that 3,700 interstate motorcoach companies are registered with the agency and are operating more than 34,000 motorcoaches.
Statistically, a motorcoach passenger is far less likely than an automobile driver or passenger to be involved in an accident. However, because of inadequate seat safety restraints and lack of advanced glazing on their large windows that lead to dangerous interior impacts and passenger ejection, lack of crush-resistant roofs and their propensity to roll, and their vulnerability to fire, motorcoach crashes have resulted in thousands of injuries and deaths. In severe motorcoach incidents investigated by NTSB, there was an evident lack of adequate protection against fires, including the flammability of interior and exterior surfaces and components, fire-fighting equipment, and operator training to safely and quickly evacuate passengers. In some instances, more than 20 people on board were killed in a single crash or fire.
Statistics give you the numbers, but they can’t tell you the stories of the people involved: their daily struggles to survive and overcome their injuries or deaths of their loved ones, the pain they experience, the stress on them and their families, and the strain on their finances.
When you are injured in an accident while a passenger on a motorcoach, it is important to learn what your rights are and what legal remedies may be available to you. Contact the experienced commercial bus accident attorneys at Ross Law Group, who know how to evaluate the legal liabilities of all of the parties involved and help you achieve the maximum recovery available from each liable party.
If you are the parent, spouse or family member of a person who has suffered a serious personal injury and can’t act for him or herself, or who has died in a bus accident, you need to act quickly on their behalf. Valuable evidence can be lost or destroyed, or witnesses may forget important facts, if an investigation by your own counsel is delayed. Contact the Austin Attorneys Ross Law Group for a consultation as soon as possible after a serious injury occurs.
Each year the number of new interstate-registered motorcoach companies increases by about 900. Yet, the U.S. Department of Transportation (DOT) does not require that motorcoaches have the same basic occupant protection safety features that are routinely designed into passenger motor vehicles. This is despite the fact that The National Highway Traffic Safety Administration (NHTSA) determined that more than one-third of the deaths in motorcoach crashes occurred in rollovers, and more than half the deaths in motorcoach crashes are the result of occupant ejection from the vehicle.
There are many reasons to contact a Ross Law Group Texas personal injury attorney right away to represent you in a commercial bus accident injury case.
- First, it is likely that immediately following the accident you will begin to receive calls and letters from the motorcoach company’s insurance carrier asking for recorded statements, authorizations for the release of your medical information, and other information. It is always better to have the advice of an attorney from the beginning.
- Second, the process of dealing with the physical and emotional trauma of a serious injury is intense. Our strategy from day one is to focus on your case, so you can focus on your recovery.
- Third, there are Statutes of Limitations that apply to personal injury cases. If you wait too long to take action, you will lose any right you may have to recover from liable parties.
There are minimum standards that commercial motorcoach drivers are supposed to meet, even though current commercial drivers, both entry-level and motorcoach, other bus, and compensated large van operators, are not required by federal regulation to have driving training. Our investigation of the accident will include determining whether the driver was qualified. Did he or she hold a current Commercial Driver's License with a "passenger" endorsement? Did he or she have a medical condition that seriously impaired the ability to safely operate a motorcoach, even if he held a valid medical certificate? Was he or she driving in excess of regulated hours of service? Was alcohol or drug use involved?
While current Federal safety requirements for buses may be inadequate, motorcoach carriers are required to inspect, repair, and maintain all buses subject to their control. Additionally, many states have mandated motorcoach inspection programs. We thoroughly investigate whether failures to inspect or make repairs to the bus contributed to the accident. In addition, passenger carriers occasionally use other carriers' equipment and drivers to perform their trips. We will work to hold all potentially liable parties responsible for their actions or inactions.
Many people are not aware of all of the avenues of recovery that may be available to them after an accident. Ross Law Group’s experienced bus accident attorneys will fully investigate the accident to determine every party that may have liability, the insurance and assets of each liable party, and the insurance benefits you may entitled to receive from your own insurance carrier. There may be avenues of recovery that you are unaware of or haven’t considered. Our goal is to make you aware of every type of compensation to which you may be entitled.
The most serious injuries that may occur in accidents involving buses include:
Traumatic amputation is often associated with being ejected from the vehicle or crushed in a bus accident. The severing of fingers, hands, arms, feet, legs, or other body parts as a result of trauma may be complete or partial and can result in severe blood loss and shock. The three most common forms of traumatic amputation are guillotine (relatively complete severing), crush, and avulsion (an injury to the bone in a place where a tendon or ligament attaches to the bone) injuries. Traumatic amputation can cause profuse bleeding and may lead to hypovolemic shock caused by a sudden loss of blood volume if not treated promptly.
Amputation can cause complications and long-term health effects such as infection, wound opening, death of skin at the amputation site, contractures (shortening of the muscles in the affected limb), failure to heal, phantom limb pain, prosthetic complication, weight gain, and depression.
Burns: Burns can cause horrific injury, with long and painful treatment and recovery. The names given to burn injuries of various depths have changed in recent decades. Injury to the top layer of skin (the epidermis) is now called a superficial burn (formerly called a first degree burn). Injury to the second layer of skin (the dermis) is a partial thickness or dermal injury (formerly called a second degree burn). An injury that extends down to the third layer (the subcutaneous tissue, which includes fat) is called a full thickness injury (formerly called a third degree burn). Burns that damage muscles underneath the subcutaneous skin layer are described as full thickness burns with injury to the underlying muscle (sometimes formerly called fourth degree burns).
The dermis is 15 – 40 times thicker than the epidermis. As a result, the seriousness of a partial thickness (or dermal) burn depends on how much of the dermis has been injured. A deep and large partial thickness burn will usually be treated with skin grafting. Partial thickness burns usually leave scars.
A full thickness burn destroys all three layers of skin, resulting in the loss of not only the skin but also the hair follicles, sweat glands, and the region where new skin cells are formed. For these reasons, full thickness burns require skin grafts.
Different systems have been developed to estimate the percentage of total skin (total body surface area (TBSA)) that has been burned. One of the older systems is known as the Rule of Nines, which is based on the rough approximation that each arm has 9% of the body’s total skin, the head 9%, each leg 18% (two 9’s), the front of the torso 18%, the back of the torso 18%, and the neck 1%.
When partial thickness or full thickness burns exceed thirty percent of an adult’s total body surface area, it is usually necessary to perform grafts in stages because the patient does not have enough healthy skin to graft the burned area in a single operation.
Traumatic brain injuries, which can be classified as closed head injuries (due to a blow to the head or being struck by an object but in which the skull remains intact), or penetrating head injuries (in which an object fractures or penetrates the skull). Both closed and penetrating head injuries may be classified as diffuse, where there is damage to multiple microscopic areas of the brain, or focal, which is an injury limited to a specific part of the brain.
Traumatic brain injuries include Diffuse Axonal Injury, Hypoxic-Ischemic Injury, contusion, hemorrhage, stroke, and subdural, epidural, and subarachnoid hematoma. The part of the brain affected by the injury (brainstem, cerebellum, or the frontal, occipital, parietal, or temporal lobes) dictates the symptoms and disabilities the injured person may experience. Traumatic brain injuries can cause life-long disability in physical, cognitive, behavioral, and social function.
Spinal Cord Injuries, which can be divided into two main categories, complete and incomplete injuries. It is rare that a patient’s spinal cord is cut and severed. Complete SCI is caused by bruising, pressure on the spinal cord, and loss of blood to the cord. The damage is entire loss of movement and sensation below the level of the injury. Incomplete SCI does not result in complete loss of movement and sensation, but the injured person may have varying degrees of both.
The long-term effects of spinal cord injury can include loss of motor and sensory function and changes in bowel and bladder continence, pain levels, sexual function and desire, function of the gastrointestinal tract, ability to swallow, temperature and blood pressure regulation, and ability to breathe independently.
Other Catastrophic Injuries such as multiple fractures and internal injuries require significant medical treatment and usually have a long-term or permanent effect on an injured person's life.
Few people anticipate that they may be victims of serious injuries and, therefore, do not make plans for what to do if it happens. In addition to the shock, pain, and physical disability that come with such an injury, there is also usually an immediate financial impact for the victim and his or her family. The assistance of an attorney experienced in handling the cases of serious injury victims can help prevent the financial devastation from lasting a lifetime. Contact Ross Law Group to consult with an experienced bus accident lawyer.
Catastrophic injuries can cause a complex combination of temporary and permanent damages. Ross Law Group’s experienced bus accident lawyers know that engaging medical experts who can fully explain your injuries and their effect to a jury is a vital component of proving your injury case and your damages.
It is important to consider the long term effects of your injuries when pursuing claims against the liable parties. The compensation you seek should include the cost of not only your past medical expenses, but also the cost of your future care, lifelong accommodations you may require, and loss of future earning capacity. Engaging medical, rehabilitation, life care planning and economic experts helps provide a way to prove your financial needs for the future. We document all of your medical providers’ records and billing so we can accurately assess your damages. Contact Ross Law Group to get an experienced personal injury lawyer working on your case as soon as possible.
Damages, in legal terms, are the costs for treatment of injuries, lost wages and other economic losses, and the monetary value of intangible harm such as pain and suffering. Under some circumstances, an injured person may be able to recover punitive, or exemplary damages, which are intended to punish malicious or reckless behavior and to deter such conduct in the future.
Economic Damages are those that can be measured in dollars, such as:
• Medical expenses in the past
• Medical Expenses that are probable in the future
• Related expenses such as caregiving, special equipment, and special housing
• Lost wages in the past
• Lost wages and/or Loss of Earning Capacity that are probable in the future
• Attorney Fees (under some circumstances)
• Property Damage
Non-Economic Damages are those values that are not so readily assessed in dollars, such as:
• Disfigurement in the past and in the future
• Physical Pain and Suffering in the past and in the future
• Mental anguish in the past and in the future
• Punitive or exemplary damages
For every personal injury client, Ross Law Group provides a review of your earnings history for the past three years, with an emphasis on making sure that all wages due to you under the FLSA were paid. This provides essential information for proving your lost wages, and if we discover that you have been underpaid, we can assist you with a wage claim.
Many people are not aware of all of the avenues of recovery that may be available to them after an accident. Ross Law Group’s experienced motorcoach accident attorneys will fully investigate the accident to determine every party that may have liability, the insurance and assets of each liable party, and the insurance benefits you may entitled to receive from your own insurance carrier. There may be avenues of recovery that you are unaware of or haven’t considered. Our goal is to make you aware of every type of compensation to which you may be entitled.
Another factor that is important in managing your legal case arising from an injury is the insurance that is involved. If your health insurance, or workers compensation insurance provided by your employer, has paid for medical treatment, the carrier usually has the right to demand reimbursement from your monetary recovery from the liable parties. If you have underinsured motorist coverage for protection in the event that the liable party’s insurance coverage is insufficient to compensate you for your damages, you may have to obtain the permission of your insurance carrier to settle with the liable party or lose your right to recover from your own insurance.
Medical providers may file liens for the costs incurred for medical care arising for treatment of the injury. An experienced personal injury attorney will help negotiate with the medical providers to try to reduce their charges and enable you to get the maximum benefit from your recovery.
Injured people often ask, “How much is the settlement in a bus accident case?” Even the most experienced personal injury lawyer cannot give you an easy answer to that question. Many factors affect the settlement value of a personal injury case.
The practical answer is that your settlement in a personal injury case is dependant on the amount of money available from the party of parties who are liable for your injury and from your own insurance coverage. Within the total amounts that may exist from which to demand compensation, the settlement value of your case depends on your ability to prove liability, causation, and damages. Ross Law Group’s experienced personal injury attorneys have the knowledge and skill to investigate, prepare, present, negotiate, and try your case to try to obtain the maximum recovery you are entitled to receive. When Defendants know that you have an experienced attorney who is ready to take your case to trial, they are usually more open to serious negotiations. Contact us today for a free personal injury consultation.
If you are finding it emotionally difficult to adjust to your life after a serious injury caused by a bus accident, please seek help. It is normal for you to find it difficult to adjust to the changes in your body and your life, and anger and depression are common reactions. Counseling, and perhaps medication for depression, can help. Tell your doctor how you are feeling.
You can rely on Ross Law Group for effective representation and personal client service in all types of personal injury cases. To learn if we can be of assistance to you, please contact an Austin accident lawyer today for a free consultation. You pay nothing unless we win compensation for you.
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Motor Vehicle Questionnaire
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News About Motorcoach Legislation
In 2009, Senator Kay Bailey Hutchison (Texas) and Senator Sherrod Brown (Ohio) have reintroduced legislation for charter buses and passenger buses that travel from state to state, and Rep. John Lewis, Georgia, has reintroduced a companion bill to the House of Representatives. Measures in the proposed bills include seat belts, better design to prevent passengers from being thrown out of the bus in a crash, stronger bus roofs and better training for drivers. They believe the proposed legislation would lead to a reduction in motorcoach bus accident deaths and injuries. The legislation was motivated by a bus crash that killed five young Bluffton baseball players in March 2007 when the chartered bus they were traveling in toppled off an overpass in Atlanta.
A brief summary of the proposed legislation:
Motorcoach Enhanced Safety Act of 2009 - Directs the Secretary of Transportation to prescribe regulations requiring motorcoaches to be installed with:
(1) Safety seat belts at each seating position;
(2) advanced glazing in each portal to prevent passenger ejection;
(3) Improved firefighting equipment; and
(4) Enhanced compartmentalization safety countermeasures and certain other motor vehicle safety features. Requires the Secretary to study and report to Congress on improving bus crashworthiness, bus crash avoidance, and bus fire protection and passenger evacuation. Directs the Secretary to prescribe regulations:
(1) Requiring providers of motorcoach services registered with the Federal Motor Carrier Safety Administration (FMCSA) to undergo periodic safety reviews;
(2) Establishing a training curriculum and providing certification for each driver of a motorcoach seeking a commercial driver’s license (CDL) passenger endorsement;
(3) Improving CDL testing;
(4) Requiring a driver of a commercial motor vehicle that transports for compensation between nine and 15 passengers to have a CDL;
(5) Preventing the submission and use of invalid or fraudulent medical certificates by applicants for a CDL;
(6) requiring the annual review of state licensing authorities to assess the accuracy of physical examination reports and medical certificates of CDL applicants that are submitted by medical examiners to such authorities; and
(7) Requiring that all commercial motor vehicles be equipped with electronic on-board recorders (that record driver hours of service) and event data recorders, as well as direct tire pressure monitoring warning systems. Sets forth a deadline for the Secretary to establish the national registry of medical examiners. Requires the Secretary to establish a performance standard for retreaded commercial motor vehicle tires that ensures such tires achieve a safety level of performance equivalent to that of new commercial motor vehicle tires. Requires a state to conduct an annual commercial motor vehicle inspection program in order to receive a grant for the development or implementation of programs for improving motor carrier safety.
We encourage you to contact your elected Federal representatives to tell them to support S.554, the Motorcoach Enhanced Safety Act of 2009.
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