14 people were injured at Chicago’s O’Hare International Airport after a shuttle bus crashed. One injured decided to fill a lawsuit against the man who drove the bus (and against the company, too).
The Daily Herald reports that Talipha Charles suffered from numerous injuries including contusions and broken bones. Her lawyer said that the bus driver struggled to stay in the proper line and that he was speeding up when the bus crashed.
These allegations will surely affect the company’s reputation and liability, and the driver’s as well. But how?
Lawsuits arisen from bus accidents:
Lawsuit arisen from car accident is different from lawsuit arisen from bus accident. This is because buses generally are considered as common carries (under state and federal law). This means that among all vehicles on the road, buses need to have the highest safe standard.
Common caries got their name because they transport passengers. They also need to have one more thing with them on the road – latest first care package. Plaintiff must prove that carrier hasn’t obliged his duty to keep all passengers safe. They also have to prove that the fact that carrier breached his duty was the cause of Talipha Charles’s injuries.
In legal theory, there is something called ‘’negligence per se’’. This means that Charles need to prove that the bus driver didn’t respect traffic laws (when accident happened) – then she can legally charge the driver and the company being responsible for her injuries.
When can negligence per se be applied? In several situations, where it can be proven that the bus driver violated traffic laws in order to protect others on the road (including passengers), defendant can be found guilty and negligence per se may be applied.
His employer (here, bus company) can also be liable for employee (here, the bus driver) negligence. This is possible because there is something called ‘’doctrine of respondent superior’’. This means that even the employer is not directly involved in the accident, he may be responsible for what his employee has done. Also, employer can be found liable for negligent driver’s training or supervision.
Local news sources have been unsuccessful in their tries to reach the defendants for comments.
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About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.