Articles Posted in Bus Accident

Public transportation is becoming more and more popular for Maryland residents. Buses and trains offer many benefits—they are cost-efficient, environmentally friendly, and lessen the stress some may feel navigating Maryland highways. These forms of transportation are typically safe for passengers, but like any means of transportation, there are risks involved, and these vehicles do occasionally get involved in Maryland traffic accidents. Some passengers may find themselves injured after riding on a bus or train and may be wondering if there is any path to recovery.

For instance, take a recent accident from mid-August. According to a local news report covering the incident, a man in his early 60s was exiting the back of the bus when the door closed on his arm. As a result of his arm being stuck in the door, he fell to the ground, suffering a hip injury. Fortunately, the injury was not life-threatening, but hip injuries can be quite costly, painful, and inconvenient at that stage of life.

Following incidents such as this one, it is important for Maryland residents to know that they may have a path to recovery. Maryland state law was developed to provide those injured by someone else’s negligence, carelessness, or mistakes the option to file a personal injury lawsuit. Typically, these lawsuits must prove four things: 1.) the defendant owed a duty of care to the plaintiff, 2.) the defendant breached that duty of care through a specific act or an omission, 3.) the defendant’s breach caused the injury or incident, and 4.) the plaintiff suffered real harm as a result.

Summer is a popular time for people to get out of the state and take a vacation, either on their own or with their families. While vacations are meant to be relaxing and idyllic, it is important to remember that they, unfortunately, are not immune from the hazards of everyday life, including Maryland bus and truck accidents. Many vacationers will find themselves on a bus to get to their final destination, or as part of a tourist activity. However, a recent bus accident is a sobering reminder that accidents can happen, even during vacations.

The New York Times reported on the recent tragic accident, which took place in the Rocky Mountains in Alberta, Canada, just last month. A tour bus in Jasper National Park was specifically designed to carry visitors onto one of the continent’s largest glaciers. The bus was equipped with oversized tires for driving on ice and was climbing a rocky, steep road up to the Columbia Icefields when it rolled and plunged down an embankment. Emergency workers responded quickly, using helicopters and air and road ambulances to transfer the injured. In all, 27 people were on board, and 3 were tragically killed. In addition, 14 people were taken to nearby hospitals in critical, life-threatening condition, meaning there may, unfortunately, be more deaths resulting from this tragedy.

Those injured, and the family members of those who were tragically killed, may be able to file a personal injury lawsuit against the tour bus driver, or the vehicle manufacturer, or even the state park. Personal injury lawsuits can be incredibly complicated to pursue, even in the most straightforward of circumstances, and they become even more complicated in situations such as this one. For example, it is not clear what caused the accident, or whose fault it was. Additionally, it is common for agencies and organizations serving tourists to ask them to sign liability waivers. It could very well be that every visitor to the park, or at least those who get on the glacier tour bus, signed a waiver agreeing to waive all liability for any incidents that occurred. Sometimes these waivers are not enforceable, but it is difficult to know that ahead of time. Additionally, even if an individual does have the ability to file a suit, questions can arise about where to file suit—the plaintiff’s home state or where the accident took place? Because there are so many factors that go into these personal injury lawsuits, and because they can be incredibly confusing, Maryland plaintiffs who are injured whilst on vacation should contact a dedicated personal injury lawyer right away who can help them through the process.

Criminal charges are not filed after many Maryland truck accidents. Yet, in cases where criminal charges are filed after an accident, that evidence may be admissible in a civil proceeding. Generally, in the event that a driver pleads guilty in court to a criminal offense or a traffic citation, evidence of the guilty plea may be admitted in a subsequent civil proceeding in Maryland. In contrast, if a driver pays a fine for a traffic citation without going to court, generally evidence of the payment of the fine cannot be admitted in a subsequent civil proceeding in Maryland. Courts in Maryland have held that the payment of a fine is less significant than a guilty plea in court and is not an express acknowledgment of guilt. If evidence of a guilty plea is admitted in a personal injury case, that evidence may still be rebutted or explained.

In a criminal case, the culpability of the defendant must be proven beyond a reasonable doubt. In contrast, in a civil case, the liability of the defendant must be proven by a preponderance of the evidence, which is a less demanding burden of proof. This means that even if no criminal charges were filed, a civil lawsuit may still be viable because the burden of proof is easier to meet and evidence that was inadmissible in a criminal trial may be admissible in a civil case.

Notably, however, under Rule 5-403 of the Maryland Rules of Evidence, even if certain evidence would otherwise be admissible, it can be excluded from the trial if the probative value of the evidence is substantially outweighed by the danger of prejudice it poses. Evidence may also be excluded for other reasons. Whatever the circumstances, a plaintiff may have to fight to get the evidence admitted and to combat the defendant’s narrative of lack of culpability despite the offense.

While many Maryland truck accident cases do not require testimony from an expert witness, some do. Typically, these are the cases that present complex issues regarding causation. When a plaintiff intends on calling an expert, it is reasonable to assume that the defense will also present their own expert. It is important that Maryland personal injury plaintiffs anticipate testimony from a defense expert.

In a recent state appellate opinion, the court discussed the permissible scope of expert witness testimony that was designated as impeachment evidence. Impeachment is a term used to describe a party’s attempt to discredit an opposing witness by showing the jury that their testimony is biased or flawed.

According to the court’s opinion, the plaintiff was arrested and placed in a county bus for transport. During the transport, the van struck a concrete barrier and the plaintiff was injured as a result. The plaintiff filed a lawsuit against the county. The plaintiff had been in one prior accident, and was involved in another accident after the bus accident, but before this case went to trial. The plaintiff provided notice that he was calling a medical expert.

Bus drivers carry enormous responsibility in that they are trusted to safely transport dozens of people each time they get behind the wheel. Because of this weighty responsibility, bus drivers are classified as “commercial drivers” and must obtain a commercial driving license. And while the vast majority of bus drivers are well qualified and buses are usually relatively safe for passengers, Maryland bus accidents are not uncommon.

When it comes to determining potentially liable parties in a Maryland bus accident, the obvious place to start is with the driver. Bus drivers have a legal duty to safely operate the vehicle at all times. This duty extends not just to bus passengers, but also to other motorists on the road.

Most bus drivers work for a company, whether it be a coach business, tour company, or a government agency. In many cases, these organizations can also be liable for injuries caused by their bus drivers. Under a legal theory named vicarious liability, an injured motorist can seek to hold the employer of a negligent bus driver responsible for their injuries. The theory is premised on the idea that the employer should not be able to avoid liability when a negligent employee causes an accident while acting on behalf of his employer.

The Nation’s Capital draws millions of tourists each year. While the area benefits from the tourism revenue, tourists can also make the city, as well as the surrounding areas, feel overly crowded, especially in the summer months. In addition, the influx of tour buses creates a serious hazard for Maryland, Virginia, and Washington, D.C. pedestrians, motorists, and bicyclists.

While tour buses are probably best known for causing minor annoyances, such as taking up several parking spots on already crowded streets or stopping at inconvenient locations to pick up and drop off passengers, the reality is that tour buses have the potential to cause major catastrophes. Of course, Maryland bus accidents can affect the passengers on the bus, but inattentive bus drivers also put pedestrians and other motorists at risk.

When a tour bus is involved in a serious or fatal Maryland traffic accident, those who were injured in the accident can pursue a Maryland personal injury lawsuit against the responsible parties. If the accident resulted in the death, the accident victim’s family members may be entitled to compensation through a Maryland wrongful death lawsuit. Determining which parties are responsible can be tricky; however, this determination is also imperative because serious Maryland bus accidents may result in significant liability that may exceed the insurance limits of just one party. Commonly named parties include:

• the bus driver,
• the company that owns the bus, and
• other motorists who may have contributed to the accident.

Of course, depending on the facts surrounding the accident, there may be additional liable parties.
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