A surprising number of large commercial motor vehicles are defined and regulated as “buses” in Illinois and Indiana. They come in different shapes and sizes. Not only school buses, but tour buses; charter buses; shuttles; party buses; executive coach buses; public transportation (think Chicago Transit Authority or IndyGo), and even double-deckers (like the popular Big Buses used in the Hop-on Hop-off Tours) are moving along our roadways each and every day. For some, they are ridden by necessity; for others, they are a fun option and handy for group transport. See, Commercial Buses in Chicago: Risks of Bus Accidents in Chicagoland.
For those trusting buses to take their kids to or from school, or who use them to get to work; to the casino; or for things like touring the area or taking care of a bridal shower or bachelor party, it is important to understand the legal duties of care and safety that exist and apply to these vehicles and their drivers.
Thankfully, bus accidents are not as commonplace as a semi-truck crash or collisions between passenger vehicles, but they do happen. And commercial bus accidents can be serious, causing catastrophic injuries or death. The Bureau of Transportation Statistics warns that while bus occupant fatalities declined in the past decade, the fatality rate has been steadily rising each year since 2021. Read, Bus Occupant Safety Data published by the U.S. Department of Transportation.
FMCSA: Federal Safety Regulations for Buses
Several different levels of government authority apply to these vehicles. There are municipal codes, state statutes, as well as federal safety regulations compiled in the Federal Register and overseen by the Federal Motor Carrier Safety Administration (“FMCSA”). All are designed to protect bus passengers and bus drivers from being hurt or killed in the event of a bus accident.
FMCSA delineates commercial buses into three types for purposes of safety regulation: (1) a bus is a motor vehicle designed, constructed and/or used to transport passengers; (2) a motorcoach is a bus designed with an elevated passenger deck located over a baggage compartment; and (3) minibus is designed to transport 16 or more passengers (including the driver) and is typically built on a small truck chassis.
Whether or not these federal safety regulations apply to a particular vehicle must be researched against the law. FMCSA oversees those who operate across state lines (interstate commerce) as well as those operating within a single state if they meet certain criteria. Federal regulations establish legal safety minimums for things like:
- Qualifications for bus drivers (49 CFR Part 391);
- Physical (medical) fitness for bus operators (49 CFR 391.41);
- Testing of bus drivers for things like drug use or alcohol impairment (49 CFR Part 382);
- Time limits for driving the bus (hours-of-service (“HOS”) regulations) (49 CFR Part 395);
- Inspection of the commercial bus (49 CFR Part 393);
- Repair and maintenance of the commercial bus (49 CFR Part 396);
- Secure loading and storage of cargo on the bus (49 CFR 392.62); and
- Reporting of any accidents involving the bus.
After someone is hurt in an accident involving a commercial bus, experts investigating the bus crash (including FMCSA inspectors as well as accident reconstructionists working on behalf of the injured victims) may find the application of these federal safety regulations to the facts reveal issues where legal liability may exist for the bus accident and its aftermath.
1. Bus Driver
For instance, comparing the bus driver’s workday may reveal that there were violations of the HOS requirements, which suggest the operator may have been driving while fatigued. Fatigued driving is well-known to be the cause of vehicular accidents. Similarly, if the bus driver is tested and found to fail the drug or alcohol standards within the federal regulations, this may also form the basis of liability.
2. Owner or Lessor of the Bus
If the owner or lessor of the commercial bus failed to do the necessary medical examinations or testing; did not check the driving history or criminal background of the bus operator; or allowed someone to drive the bus without a proper commercial driver’s license (CDL), then that company (or companies) may be responsible under the law for the bus crash. The past FMCSA enforcement history for the carrier (record of past violations) may be important here.
3. Contractors for Bus Upkeep
Likewise, those entities along with any contractors hired to inspect, maintain, or repair the bus may be liable if federal regulations for the condition of the bus fail in comparison to the vehicle (e.g., bald tires; lacking standard routine maintenance; etc.).
Injury Victims in a Bus Crash in Illinois or Indiana
After a serious accident involving any kind of commercial bus, the victim has a right to investigate the incident to find out whether or not there are companies or individuals with legal liability for what happened to them. Their loved ones may have legal claims for damages, too.
While not every bus on the roads of Illinois and Indiana are regulated by the federal government, many are. Interstate carriers and many of our for-profit private buses are under federal jurisdiction, while school buses are treated differently under the law. Each matter must be given independent respect and researched for the application of federal and state liability law.
Sadly, bus passengers as well as the bus driver and occupants of other vehicles on the road can suffer severe bodily harm in an instant in a bus crash, even though commercial buses are designed to protect passengers and are usually the biggest vehicle involved in the accident. Unsafe driving by another driver on the road, for instance, may be confirmed to be the reason for a tragic bus crash. Liability may also be discovered in owners of surrounding premises; the designer or manufacturer or bus parts or car parts involved in the collision; and more. Read, Why Chicago Bus Accidents Happen: When Bus Crash Is Not the Fault of the Bus Driver or Bus Company.
Federal safety regulations contained within the Code of Federal Regulations can be invaluable in confirming fault and causation in these matters and providing avenues for justice to those hurt or killed in a commercial bus accident.
For more, read:
- Bus Accidents in Chicago: Available Injury Damages Depend Upon the Bus
- Things to Know About Chicago Transit Authority Bus Accident Claims
- School Bus Accidents in La Porte County, Indiana
- Chicago School Bus Accidents and Injury Claims.
Buses of all sizes and shapes carry our loved ones on roadways throughout Illinois and Indiana. Our kids may be entrusted to these commercial vehicles every day, and the safety requirements for all buses must be vigilantly respected by all those entrusted with possession, custody, or control of the bus. Please be careful out there!
