Finding the liable party in a tour bus accident can be very tricky.
There are various ways where a tour bus can meet an accident that can lead to injuries and even death, so finding the liable party will also depend on the circumstances surrounding the crash.
You will have to consider many elements such as:
- The jurisdiction where the tour bus accident occurred and the traffic laws that apply
- The number of vehicles involved ( was it a single-vehicle crash or did the bus collide with one or more vehicles)
- The behavior of the driver
- The condition of the vehicle
- The condition of the road
By considering these factors, it will help paint a better picture about what happened and who primarily caused the accident.
To help you, here are some of the most common liable parties in a tour bus accident:
- Driver â The driver is the most common liable party in tour bus accidents since the safety of the passengers hinge on his ability to drive. If the cause of the accident is due to negligent driver behavior such as drunk driving, speeding, or reckless driving, then the driver can be held liable for the accident.
- Bus operator â The operator of the bus has vicarious responsibility over the actions of his drivers and other employees. So if the tour bus accident was caused by negligent driving or ill maintenance of the bus, the operator may also be held liable.
- Driver of other vehicle â A lot of bus accidents are caused by collisions with one or more other vehicles. Is many scenarios, the driver of the other vehicle is the one who committed negligent actions while driving.
- Tour operator â When the bus trip is part of the tour package offered by the company, they are also held responsible for the safety of the tour participants. As a result, they can also be held liable for any incidents that happened to the tourists during the tour.
- State or city government â If the cause of the accident is the poor design or condition of the road, then it is the governing body that is responsible for road maintenance that will be held liable for the accident.
Tourist buses are also considered a common carrier and under the law, drivers and operators are required to take higher level of care in ensuring the safety of the passengers.
So even if the driver of the operator was not negligent, if the injured parties can prove that they were not able to meet that higher level of car then they can still be held liable for the accident.