Yes, you can sue a charter bus company after a tour bus accident if negligence caused your injuries. Charter bus companies operate as common carriers under California law, which means they owe passengers an elevated duty of care. When this duty is breached and results in harm, injured passengers have the right to pursue compensation through personal injury litigation.
Tour bus and charter bus accidents can result in catastrophic injuries. The large size of these vehicles, combined with the number of passengers typically on board, means collisions often produce severe outcomes. Understanding your legal options is the first step toward holding negligent parties accountable and securing the compensation you deserve.
Common Carrier Duty of Care
Charter bus companies are classified as common carriers under California law. This designation requires them to exercise the highest degree of care and vigilance to ensure passenger safety. The standard is more stringent than what applies to ordinary drivers on the road.
This heightened duty of care encompasses multiple responsibilities. Charter bus companies must maintain their vehicles in safe operating condition, conduct thorough background checks and training for drivers, and follow all applicable federal and state regulations. For instance, drivers must comply with hours-of-service regulations to prevent fatigue-related accidents.
Consider a scenario where a charter bus company fails to replace worn brake pads. If those defective brakes contribute to an accident, the company can be held liable even if the driver did everything correctly in the moments before the collision. The breach of the maintenance duty alone establishes liability.
Determining Liability in Charter Bus Accidents
Multiple parties may share responsibility for a charter bus accident. The bus driver, the charter bus company, maintenance companies, and even vehicle manufacturers could all face liability depending on the circumstances.
Driver negligence is a common cause of tour bus accidents. Distracted driving, speeding, impaired driving, or simply failing to follow traffic laws can all lead to serious crashes. When a driver employed by a charter bus company causes an accident through negligence, the company typically bears legal responsibility under the doctrine of respondeat superior, which holds employers liable for their employees’ actions performed within the scope of employment.
Charter bus companies may also face direct liability for their own negligent practices. Failing to properly train drivers, hiring individuals with poor driving records, or pressuring drivers to meet unrealistic schedules all constitute negligence. Third-party liability can also arise in bus accident cases when other motorists drive recklessly, maintenance companies perform substandard repairs, or manufacturers produce defective bus components.
Types of Compensation Available
Injured passengers in charter bus accidents may be entitled to significant compensation. Economic damages cover quantifiable financial losses such as medical expenses, lost wages, and future medical care needs. Catastrophic injuries often require ongoing treatment, rehabilitation, and accommodations that generate substantial costs over a lifetime.
Non-economic damages address the intangible impacts of injuries. Pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability all warrant compensation. California law recognizes that these harms deserve meaningful financial recovery even though they cannot be calculated on a spreadsheet.
In cases involving especially egregious conduct, punitive damages may also be available. The value of a charter bus accident claim depends on numerous factors, including the severity of injuries, the extent of permanent impairment, the clarity of liability evidence, and the insurance coverage available.
Building a Strong Case
Proving liability in charter bus accident cases requires thorough investigation and comprehensive evidence gathering. Key evidence includes accident scene photographs, witness statements, police reports, bus maintenance records, driver qualification files, hours-of-service logs, and electronic data from the bus itself. Modern charter buses often contain event data recorders that capture crucial information about vehicle speed, braking, and other factors in the moments before a crash.
Medical documentation is equally critical. Complete records of emergency treatment, diagnostic tests, surgical procedures, rehabilitation services, and ongoing care needs establish the full extent of injuries. Medical experts may also provide testimony regarding future treatment requirements and long-term prognosis.
California law imposes strict time limits for filing personal injury lawsuits. The statute of limitations for most personal injury claims is two years from the date of injury. However, shorter deadlines may apply if the charter bus was operated by a government entity. Missing these deadlines can permanently bar your right to compensation.
Contact Callahan & Blaine, PC
Charter bus accidents demand serious legal attention. The attorneys at Callahan & Blaine, PC bring more than 40 years of experience to complex personal injury litigation. Our firm has secured some of the largest verdicts in California history, including the largest jury verdict in Orange County history.
Each of our 30 senior attorneys has at least eight years of trial experience and the skills necessary to take on large transportation companies. If you suffered injuries in a charter bus accident, reach out through our contact form to discuss your case. We work on a contingency basis, which means you pay no attorney fees unless we secure compensation on your behalf.
