Can You Sue a Bus Driver for Negligence in Georgia?
Posted by Wetherington Law Firm | Articles
TL;DR:
Yes, you can sue a bus driver for negligence if their actions caused an accident. Prove the driver’s duty, breach, causation, and damages.
Key Highlights:
- Prove the bus driver’s negligent actions led to the accident.
- Georgia’s O.C.G.A. § 51-1-2 supports negligence claims.
- Comparative negligence might reduce compensation if shared fault exists.
Bus travel is a vital part of transportation in Georgia, whether it’s for daily commuting, school buses, or public transit. With over 3,000 public buses operating in Georgia’s major cities, including Atlanta, bus accidents can and do occur. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that over 300,000 bus accidents are recorded in the U.S. each year, resulting in hundreds of injuries and fatalities.
When a bus accident happens due to the negligence of a bus driver, it can lead to significant physical, emotional, and financial hardship for those involved. In Georgia, the legal system provides avenues for victims to pursue compensation. However, understanding whether you can sue a bus driver for negligence is essential to protecting your rights. Georgia’s laws on negligence, as defined by O.C.G.A. § 51-1-2, allow individuals to hold responsible parties accountable for their actions.
In this guide, we’ll explain what constitutes negligence, how you can prove it, and the steps to take if you’ve been injured due to a bus driver’s negligence in Georgia, ensuring you understand your rights and the legal process ahead.
What Does It Mean to Sue a Bus Driver for Negligence in Georgia?
Negligence occurs when someone fails to exercise the standard of care that a reasonable person would in similar circumstances. In the case of a bus driver, negligence can include actions like distracted driving, failure to follow traffic laws, driving under the influence, or failure to properly maintain the bus.
Georgia Negligence Law
In Georgia, the law recognizes negligence claims and allows individuals to hold parties accountable for their careless actions. Georgia law requires that victims demonstrate:
- Duty of Care: The bus driver had a duty to operate the bus safely.
- Breach of Duty: The bus driver failed to fulfill that duty by acting negligently.
- Causation: The driver’s actions directly caused the accident.
- Damages: The victim suffered harm as a result of the accident.
Georgia follows a modified comparative negligence rule, outlined in O.C.G.A. § 51-12-33, which means that you can still recover damages if you are partially at fault for the accident—but only if you are less than 50% responsible.
Can You Sue a Bus Driver for Negligence in Georgia?
Yes, you can sue a bus driver for negligence in Georgia if their actions caused your injuries. However, liability may also extend to the bus company, government entity, or other responsible parties. To succeed, you must prove negligence, causation, and damages. Georgia’s statute of limitations typically allows two years to file a personal injury lawsuit.
When Can You Sue a Bus Driver?
You can sue a bus driver for negligence if:
- They breached their duty of care by violating traffic laws or operating the vehicle recklessly.
- Their actions were the direct cause of your injuries.
- You suffered damages as a result of the accident (e.g., medical bills, lost wages, pain and suffering).
Examples of Bus Driver Negligence
Some common scenarios where a bus driver might be negligent include:
- Distracted driving (e.g., texting or using a mobile phone while driving).
- Driving under the influence of alcohol or drugs.
- Speeding or driving recklessly.
- Failing to follow traffic signs (e.g., running a red light or not yielding at crosswalks).
- Improper maintenance of the bus leading to accidents.
The Legal Process for Suing a Bus Driver for Negligence in Georgia
The process of suing a bus driver for negligence involves multiple steps. Below is a detailed breakdown of each phase:
Step 1: Seek Medical Attention Immediately
Your health should always be the first priority. Even if you feel fine after the accident, some injuries may not manifest immediately. Seek medical attention and document all injuries to ensure you have a record for your claim.
Step 2: Report the Accident
Call the police and file a report. The police report is crucial in a negligence claim as it will contain evidence and eyewitness statements that can support your case. Request a copy of the report for your records.
Step 3: Gather Evidence
To build a solid case, you need evidence that proves the bus driver’s negligence. This includes:
- Photos of the accident scene and damages to the bus and other vehicles.
- Medical records detailing your injuries.
- Statements from witnesses who saw the accident.
- Traffic camera footage or dashcam footage if available.
Step 4: Notify the Bus Company or Employer
If the bus driver is employed by a private company or government entity (such as a school district), you must notify them of the accident and your intent to file a claim. This is often required by law and will help preserve your rights for compensation.
Step 5: Consult with a Personal Injury Lawyer
To navigate the legal complexities and maximize your chances of receiving compensation, it’s essential to consult with an experienced personal injury lawyer. An Atlanta bus accident lawyer can help you:
- Assess the strength of your case.
- Understand the applicable Georgia laws, including O.C.G.A. § 51-12-33 (comparative negligence).
- Negotiate with insurance companies on your behalf.
Step 6: File a Lawsuit (If Necessary)
If the bus company or insurance company does not offer a fair settlement, your lawyer may file a lawsuit in civil court. The legal process can take time, but having a skilled attorney on your side will ensure your rights are protected.
Conclusion
If you or a loved one has been injured in a bus accident due to the negligence of a bus driver in Georgia, understanding your rights and the legal process is essential for seeking justice and compensation. With the help of an experienced Atlanta personal injury lawyer, you can ensure that your case is handled with the expertise and attention it deserves.
To take the next step, contact us for a free evaluation and let our skilled attorneys guide you through the legal process.