What are my rights as a passenger hurt in a Georgia mass transit accident?
As a passenger hurt on a Georgia bus, train or shuttle, you can seek compensation from whoever caused your injuries: the operator, the transit company, another driver or a manufacturer. The rules your claim follows depend on what happened and who runs the service. The Scott Pryor Law Group sorts that out first.
Key takeaways
- Georgia law sets a duty of care for bus carriers. The rule and its citation are below.
- A claim can reach the operator, the transit company, another driver or a vehicle or parts maker.
- If a government body runs the bus or train, ask a lawyer early which steps and deadlines apply.
- A fall on a hazardous floor or a broken fixture may lead to a claim even with no crash.
- Keep your ticket or receipt, and have a lawyer read any fine print.
What duty does a bus company owe its passengers in Georgia?
Georgia law sets a bus company’s duty to its passengers: A bus company that accepts all paying passengers is a common carrier and must exercise extraordinary diligence to protect its passengers. O.C.G.A. § 46-9-132 In a Georgia bus passenger case, The Scott Pryor Law Group asks whether the carrier met that duty and who else shares the blame.
When a bus driver, train operator or other transit employee acts carelessly and a passenger is hurt, the passenger can seek compensation for the harm. The first step is a full review of the facts, so that everyone responsible is named in the claim.
The transit company is often only part of the picture. Others may share responsibility:
- Another driver. A car or truck driver whose careless driving caused the crash.
- The vehicle maker. The company that built the bus or train, or a defective part in it.
- Maintenance. Whoever was responsible for keeping the vehicle in safe working order.
- A shuttle’s owner or operator. A hotel that runs its own shuttle, or the contractor it hired.
When a defect played a part, a separate rule applies to the maker: Manufacturers can be liable for selling products that are defective at the time of sale if the defects harm consumers. O.C.G.A. § 51-1-11 Our Georgia product liability page covers those claims.
Mass transit in Georgia carries commuters, students and visitors every day, and most trips end without trouble. When one does not, the injuries can be severe.
Does the type of bus change a passenger’s claim in Georgia?
Yes. A Georgia bus passenger’s claim depends on who owns and runs the bus: a public transit system, a school district, a private intercity coach company or a hotel shuttle. The Scott Pryor Law Group identifies the owner first, because a claim against a government body follows different steps from a claim against a private company.
Public transit. A passenger hurt on a public bus or train will generally need to make a claim against the government body that owns the system. Georgia’s rule on government immunity: Government agencies have sovereign immunity, which means they are immune from lawsuits unless there are specific exceptions written into the law. One exception: The Georgia Tort Claims Act allows for a lawsuit to be filed in limited situations. O.C.G.A. § 50-21-24 The steps have to happen on time. Our article on government immunity in Georgia transit accidents explains why to call early.
School buses. A school district or county may run its own buses, or it may hire a private transportation company. The claim depends on which one ran the bus. One Georgia rule covers school districts: A school district can be sued for a loss arising out of claims for the negligent use of a covered motor vehicle, which includes buses. O.C.G.A. § 36-92-2 A child hurt on or near a bus, but not in a crash, can have a harder claim. Talk to a lawyer about the facts.
Intercity coaches and charters. Private bus companies sometimes put limits in the fine print of a ticket: a short window to make a claim, a requirement to use arbitration, or a lawsuit only in a court far from home. Keep the ticket or receipt. A lawyer can check whether those terms apply to you.
Shuttles. Hotels and other large businesses run shuttle buses and vans over short, regular routes. Some run the shuttle themselves. Others use a private contractor. Either one may be responsible, depending on what happened.
The type of service also shapes the first steps. That is why the owner is the first question we answer.
What if I was hurt on the bus but there was no crash?
You may still have a claim. Georgia bus passengers are hurt by more than crashes: falls on hazardous floors, broken fixtures and assaults by other riders. The Scott Pryor Law Group looks at what caused the injury first, because an injury inside the bus and a crash on the road lead to different kinds of claims.
Whether the injury happened on the road or inside the bus decides who may be responsible and how the claim is made.
Inside the bus, passengers are hurt in many of the same ways as on any business property. A rider slips on a wet or damaged floor, or holds a rail or seat that gives way. Those claims look a lot like other property injury cases. Our premises liability page explains how those work.
Some passengers are hurt by other people on board, in an assault or a robbery. Recovery may be possible, but these claims are harder. They turn on exactly what took place and whether the company had a duty to prevent that harm.
If you were hurt on board:
- Tell the driver what happened, if you can.
- Get the names of other passengers who saw it.
- Photograph the spot where you were hurt and anything broken or wet.
- Get medical care, and keep every record.
What causes bus and train accidents in Georgia?
Bus and train accidents in Georgia come from driver or operator error, safety system failures, poor maintenance, defective vehicles or parts, and other drivers’ careless driving. The Scott Pryor Law Group traces the cause first, because the cause decides who is responsible for a passenger’s injuries.
Buses face the same road dangers as any vehicle. A crash can be a rollover, or a front, rear or side impact. Passengers usually ride without seat belts or airbags, so a sudden impact can throw them around the inside of the bus.
Trains and light rail bring their own risks. An operator can make an error, part of the system can fail, or a train can hit a vehicle or object on the track. The details of how the collision happened decide who is liable.
Common injuries include:
- Broken bones
- Deep cuts
- Head injuries
- Back injuries
The National Transportation Safety Board investigates some serious bus crashes. Its findings can help show what went wrong. In a smaller crash, the evidence comes from the police report, the passengers who saw it and the condition of the vehicles.
What compensation can I get after a mass transit accident in Georgia?
After a Georgia mass transit accident, an injured passenger can seek compensation for medical and hospital bills, travel for treatment, lost income, reduced earning ability, pain and suffering, and disfigurement or the loss of a limb. The Scott Pryor Law Group documents each loss and waits for treatment to show the full picture before it values a claim.
Losses fall into two groups:
- Financial losses. Medical and hospital bills, travel to and from treatment, lost wages, and lost earning ability if you cannot go back to the same work.
- Personal losses. Pain and suffering, a lower quality of life, disfigurement and the loss of a limb.
Value takes time to learn. Some injuries show their full effect weeks or months after a crash. If you settle before then, you give up the right to claim more, even if new problems appear.
You can see some of our past results on our case results page. Every case is different, and no past result tells you what yours is worth.
When should I talk to a lawyer after a bus or train accident in Georgia?
Talk to a lawyer after a Georgia bus or train accident as soon as your medical care allows, and right away if a public transit system or a school bus was involved. The Scott Pryor Law Group offers a free consultation for mass transit cases, and you don’t pay unless we win your case.
Medical care comes first. Once you are able, a lawyer can start gathering the evidence for a claim against the transit company or agency.
For most injury claims, the deadline is: Victims generally have two years to file a personal injury lawsuit. O.C.G.A. § 9-3-33
If a government body runs the bus or train, the clock is shorter: A claim against a government entity requires a notice of your intent to file a lawsuit, called an ante litem notice, within 6 to 12 months of the accident, depending on the entity. Missing this deadline can mean forfeiting your right to pursue compensation altogether. Ask about the dates on the first call.
U.S. Marine Corps veteran Scott Pryor founded the firm. His recognitions include Super Lawyers (Super Lawyer Magazine, 2014 to present) and membership in the Multi-Million Dollar Advocates Forum. We prepare every case for trial, and insurers weigh that when they decide what to offer.
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