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Bus passengers depend on professional drivers to transport them safely. Other motorists, bicyclists, and pedestrians also expect bus companies to put qualified drivers behind the wheel. When a company hires someone with a dangerous driving history, inadequate qualifications, or other warning signs, the consequences can be devastating.
After a serious Florida bus accident, liability may extend beyond the individual driver. Depending on the circumstances, the company responsible for hiring, supervising, or retaining the driver may also bear responsibility for the injuries that result.
At Kemp Injury Law, we investigate serious bus accidents to determine how they occurred and whether the company responsible for the driver failed to take reasonable precautions before allowing that person to operate a bus.
Negligent hiring generally involves an employer's failure to use reasonable care when selecting an employee for a position. In the context of a bus company, the issue may be whether the company hired a driver who was unqualified or posed a foreseeable safety risk.
Driving a bus is a significant responsibility. Depending on the type of vehicle and position, drivers may need specific licensing, training, experience, or other qualifications. A company that ignores serious warning signs during the hiring process may expose passengers and the public to unnecessary danger.
Potential warning signs could include:
The existence of a prior violation does not automatically establish that a bus company acted negligently. The nature of the driver's history, what the company knew or reasonably should have discovered, and whether that history relates to the accident can all matter.
The appropriate hiring process can depend on the type of bus, the driver's duties, and the regulations applicable to the operation. A company transporting members of the public should take reasonable steps to determine whether its drivers can safely perform their jobs.
A hiring process may involve reviewing a driver's qualifications, licensing, driving record, prior employment, and other information relevant to operating the vehicle safely. Certain commercial driving positions can also be subject to additional federal or state requirements.
Problems may arise when a company rushes through the process, fails to verify important information, or overlooks obvious safety concerns because it needs drivers quickly.
After a serious crash, our Polk County bus accident attorneys can investigate not only the driver's actions but also the decisions the company made before putting that driver on the road.
Hiring a qualified driver is only part of a bus company's responsibility. Training and supervision can also affect safety.
A driver may need instruction on operating a particular type of bus, loading and unloading passengers, handling emergencies, conducting inspections, or following company safety procedures. If the driver lacks necessary training and that deficiency contributes to a collision, the company's practices may become relevant.
Potential training and supervision issues may include:
The relevant question is often whether the company knew, or reasonably should have known, that the driver needed additional training or posed a danger.
Sometimes a driver appears qualified when initially hired but later develops a pattern of dangerous conduct. This can raise a different issue known as negligent retention.
For example, a bus company might receive complaints that a driver regularly speeds, uses a phone while driving, ignores traffic signals, or operates aggressively. A driver might also accumulate crashes or citations after being hired.
If the company becomes aware of significant safety concerns but continues allowing the employee to drive without adequately addressing them, its decision to retain that driver may be examined after an accident.
Internal disciplinary records, passenger complaints, accident reports, safety evaluations, and communications between supervisors can become important evidence in these cases.
A bus driver can cause an accident in many of the same ways as any other motorist. However, buses are large vehicles that can carry numerous passengers, so one unsafe decision can injure many people at once.
Examples of potentially negligent driving include:
When a driver causes a crash while performing job duties, there may be legal grounds to pursue a claim involving the employer as well as the driver. A negligent hiring or retention claim can raise additional questions about the company's own conduct.
Determining what a bus company knew about a driver may require evidence that an injured person does not have access to immediately after the crash.
The company's records can become particularly important. These may reveal what information was collected during hiring, whether references were checked, what training was provided, and whether the driver had a history of safety problems after joining the company.
Relevant evidence may include employment applications, driving records, training documents, disciplinary records, previous crash reports, complaints, company safety policies, and internal communications.
Evidence from the crash itself also matters. Video recordings, electronic vehicle data, witness accounts, photographs, police reports, and other information can help establish what the driver did immediately before the collision.
Preserving these materials early can be important because some evidence may not remain available indefinitely.
Bus accidents are not limited to injuries suffered by passengers. A collision can affect nearly anyone around the vehicle.
Potential victims include:
Passengers may also be injured without a traditional collision. Sudden braking, unsafe acceleration, or other abrupt maneuvers can cause someone to fall inside the bus.
Because bus accidents can involve multiple victims and potentially multiple responsible parties, determining exactly what happened can require a detailed investigation.
A serious bus accident can lead to emergency treatment, hospitalization, surgery, rehabilitation, and extended time away from work. Some victims suffer permanent injuries that affect their mobility or ability to earn a living.
Depending on the circumstances, an injury claim may seek compensation for losses such as medical expenses, future medical care, lost wages, reduced earning capacity, pain and suffering, and other damages recognized under Florida law.
The value of a claim depends on the nature of the injuries and their effect on the individual. A passenger who suffers a temporary injury will have different losses from someone who sustains a permanent disability.
It is important to consider the full impact of the injury rather than focusing only on the first round of medical bills.
Medical care should be a priority after a serious accident. Even when a person can leave the scene without emergency transportation, symptoms may become more noticeable later.
When possible, victims should also document information that could help establish what happened. Useful steps may include:
Victims should also be cautious about giving detailed statements to insurers before understanding which companies and insurance policies may be involved.
If you are dealing with injuries from a bus accident in Polk County, our attorneys are here to help. We can investigate the driver's history, the bus company's hiring and supervision practices, and the circumstances surrounding the crash to determine who may be responsible. Call us today or connect with us online to schedule a consultation.
