BUS, TAXI AND LIMO ACCIDENTS
Greater New Orleans Bus, Taxi and Limo Accidents Attorney
“Bold and deliberate representation is my hallmark. I want my clients’ adversaries to know that we will fight for the best possible position" - Donald D'Aunoy, Jr.
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BUS ACCIDENTS
Buses are generally broken into three main categories:
School Buses
- public school buses provided by the city’s school district
- private school buses
Small Buses which hold 9-15 occupants
- public transportation paratransit buses for the disabled which are provided by the city’s transit authority
- nursing home transportation buses
- party buses
- tour buses
- shuttle buses
Large buses which hold 16 or more occupants
- public transportation buses which are provided by the city’s transit authority
- commercial buses such as Greyhound
- charter buses
- coach buses
What Makes Bus Accidents So Dangerous?
Buses have many occupants and often lack seatbelts and even if they do, passengers are less likely to wear them than in regular vehicles. Consequently, passengers in buses are more likely to be thrown around during a collision. Buses also lack basic safety features which help prevent injuries, such as airbags. Because of their weight and size, buses are also more likely to rollover or tip-over in an accident. Their size and weight also mean that any collision they have with a vehicle will be extremely serious for that vehicle.
Louisiana bus crash statistics for 2012-2017:
- There were 1,945 bus crashes.
- Out of those, there were 0 fatalities for people inside the bus, but 27 people were killed who were outside of the bus.
- There were 4,502 injuries to people who were riding inside the bus at the time of the accident.
- There were 1,482 injuries to people who were located outside of the bus in some form at the time of the accident.
Two Main Causes of Bus Accidents
In many accidents involving buses, it is frequently discovered that a mechanical issue was the cause. In order to make money for either a private company or a city, the bus must be on the road. This fact can often lead to a mechanic being pressured into fixing problems quickly, delaying needed repairs, or even passing the bus for inspection even though the mechanic knows it is not entirely roadworthy.
Another leading cause of bus accidents is subpar hiring practices. Superficial background checks lead to hiring drivers who have a history of accidents and/or lack of training. This puts the passengers and the general public at an extreme risk.
Some Other Common Causes of Bus Accidents Include:
- reckless/negligent driving by the driver
- driver is fatigued or under the influence of drugs/alcohol
- driver is poorly trained
- driver is distracted by his/her cellphone, by something outside of the bus, or by the passengers he/she is transporting
- manufacturing defects of the bus
- road and weather conditions
- lack of any road signage to warn the driver of potential road hazards ahead
- improperly loaded or overloaded buses
- too many passengers in the vehicle
- tire blowouts
Who Is Liable for a Bus Accident?
The bus driver can be liable if he/she:
- was under the influence, tired, or distracted
- was unproperly licensed to drive that bus
- failed to disclose a medical condition that would impair ability to drive safely
- was speeding or driving negligently or aggressively
The bus companies can be liable if they used inadequate hiring practices, training methods, or supervisory practices. They also would be liable if they kept their vehicles in poor repair by failing to properly maintain them.
The city could be held liable if it maintained the roadway poorly, caused obstructions of view, or failed to provide working signals and signs that warned drivers of potential dangers.
If another motorist struck a bus in which you were a passenger in, that driver would be liable if he/she:
- was under the influence
- was tailgating or attempting to illegally pass the bus
- pulled into traffic too quickly or failed to signal a lane change
- was driving distracted, recklessly, or negligently
What Happens if You Are in an Accident Involving a Public Transportation Bus?
In Louisiana, the most common types of public transportation are public buses, public school buses, public paratransit, streetcars, and ferries. These differ from other common carriers by the fact that they are run by government entities, like a transit authority or a school district, rather than being run by a private company.
Filing an injury claim with a governmental body is a lot more difficult than filing with a private insurance company.
- There are specific procedures that must be followed.
- There is a shorter time-frame window that an individual has in which to file a claim.
- Missing a filing deadline or even just submitting incorrect paperwork could cause you to lose your right to sue and recover any compensation.
This means it is extremely important to contact an experienced lawyer if you are involved in a public transportation accident that requires you to be compensated in some form.
TAXI ACCIDENTS
The second type of common carrier is the taxicab. Taxis are extremely common in large cities, so this leads to a high probability that you will find yourself in an accident involving one whether as another motorist or as the passenger of the taxicab. Although taxi companies often operate a large fleet of vehicles, their actual drivers are frequently considered to be independent contractors. This can cause difficulties in figuring out which insurance company is responsible for an insurance claim that you may have.
Causes of Taxi Accidents
Cab drivers and cab companies are required by law to keep their vehicles in a safe working condition and to follow all traffic laws. Despite this and despite drivers being used to navigating the traffic of their city of operation, taxis get into accidents all of the time for any number of reasons. Some of the most common reasons are:
- driver was driving extremely aggressively to either make more money by picking up more fares or because the passenger was running late for something important
- driver was fatigued
- driver failed to obey traffic laws
- driver was dealing with passenger who was distracting
- road rage
- too many passengers were in the taxi
- mechanical failure or negligent repair of the cab
- drivers are frequently over confident in their driving ability since they drive the same city’s streets day after day
Who Is Liable in a Taxi Accident?
A taxi driver may be personally liable, a taxi company may be liable alone, or even both could be liable depending on the facts surrounding a cab accident. It is vital that an individual involved in a taxi accident finds out who is liable for the accident so that an injury claim can be made to the proper party’s insurance.
Since drivers are dependent on driving for their livelihood, they are more likely to fight a liability lawsuit tooth and nail compared to an average driver. The taxi driver is liable if he/she:
- was impaired by drugs or alcohol
- was driving fatigued
- failed to yield right of way
- was speeding or driving recklessly was driving distracted
- was disobeying traffic laws
- was licensed improperly
Although a taxi company will generally always try to deny any liability by saying their driver is an independent contractor, the company can be held liable if:
- The driver was an actual employee of the company rather than an independent contractor.
- The company forced the driver to work more hours than legally allowed which led to driver fatigue.
- It allowed an incompetent driver or a driver it failed to properly train drive one of its cabs.
- It permitted an improperly licensed driver to operate one of its taxis.
- The company failed to properly maintain and inspect the taxicab.
- It was aware of something in the driver’s past driving record or medical history that would affect his/her driving ability, but still allowed him/her to operate a vehicle.
- It failed to comply with the state mandated safety regulations.
LIMO ACCIDENTS
The third common carrier is a limousine. Limousines make people think about life milestones such as a prom, a wedding, or a birthday. These are some of the happiest moments in a person’s life. However, because of their size and the difficulty in driving them in a crowded city, limousines can pose a serious danger to both their passengers and to other motorists.
Common Causes of Limo Accidents with Other Motorists
- The driver was distracted by the passengers inside the limousine.
- The driver wasn’t properly licensed.
- The driver wasn’t properly trained and lacked the necessary driving experience.
- The limo had been modified so that blind spots that prevented the driver from properly seeing his/her surroundings were created.
Why Are Limos Dangerous for Its Passengers?
Limousines are often designed with large open backs so that passengers can visit with each other while sitting facing one another. The openness of a limo also means that passengers may be moving all around playing music, making drinks, and posing for pictures. For these reasons, passengers frequently don’t wear their seatbelts, which means they will be thrown all around the limo if a collision occurs.
Limos are also dangerous for passengers because they are unaware of their surroundings outside of the limo, since they are paying more attention to what is going on inside of the limo. In addition, because a passenger’s view out of the windshield is often blocked by a divider and the side windows are so darkly tinted that it is hard for passengers to see out of them, passengers can rarely see a crash coming and have no warning to brace or protect themselves.
Safety issues with the structural design that arise when modifications are made to a limo may also pose serious dangers to passengers.
Who Is Liable in a Limousine Accident?
The driver of the limo may be liable if he/she:
- was swerving, speeding, or driving erratically
- was under the influence of drugs or alcohol
- was distracted by a cellphone
- wasn’t properly licensed
- continued to work and ignored the fact that he/she was overly tired
The company operating the limousine may be liable if it:
- operated the limo service without the appropriate permit
- hired improperly licensed or unqualified drivers
- overloaded the vehicle with too many passengers
- lacked the necessary insurance
- improperly maintained the vehicle
- expected its driver to continue working despite being impaired by lack of sleep
- made illegal modifications to the limo
The manufacturer of a limousine would be held liable for an accident that was caused by manufacturing defects or faulty structural design. If another vehicle’s driver is at fault for colliding with a limousine, then the driver of that vehicle would be the liable party.
Louisiana Bus, Taxi, and Limo Accident Attorney
If you are involved in an accident involving a bus, taxi or limousine, contact attorney Donald D’Aunoy Jr. “Lawyer Don” for a free case consultation. His main office is in Metairie, Louisiana. However, he represents clients throughout Louisiana. He makes free house calls to all of his clients at no extra charge.
