Who’s on the Hook When a Bus Wrecks
Multiple parties can be legally responsible, and it’s rarely just the driver. Private charter companies, government-run transit systems, even third-party maintenance contractors may share the blame. Sometimes another motorist triggers the wreck. Other times, it’s a bus company that pushed a vehicle back onto the road without fixing known issues.
But here’s where the game shifts: if a city or county agency owns the bus, you’re not just filing a standard claim. You’re hitting a wall of immunity laws that protect the government—unless you move fast and file the right kind of legal notice.
Deadlines That Kill Cases
If the bus was owned by a private company, you’ve got two years from the date of injury. But if it was a school bus or MARTA vehicle, the clock runs out sooner. You might have just six months to send formal written notice. Miss that step, and the case is dead before it starts.
It’s called ante-litem notice. It must name the agency, describe the incident in detail, and go to the right place, in writing. A text or voicemail won’t cut it. The law doesn’t care how badly you were hurt if you miss the paperwork.
“Fault” Is a Tool
Georgia follows a modified comparative fault rule. If you’re found 50% or more at fault, you get nothing. Less than 50%, your award gets reduced. Insurance companies love this. They’ll dig into everything. This includes where you were sitting, whether you were standing in the aisle, if you crossed the street two feet outside the crosswalk.
That’s not a search for truth. It’s a strategy to deny payment.
What You Can Actually Claim
Injured passengers can demand more than just ER bills. Claims should include lost income, ongoing rehab costs, and future earnings if the injury affects long-term work. Add in non-economic damages, like pain, permanent loss of mobility, trauma, and you start to measure the real impact.
But not all damages are available in every case. If the bus was publicly owned, there are caps on certain awards. Punitive damages are rare and require proof of gross misconduct, like driving drunk or fleeing the scene.
After the Crash—What You Do Matters
- Call 911. Get medical care immediately. Not just for your health, but to document injuries while they’re fresh.
- Take photos. Includ the bus number, your injuries, the intersection, the driver’s ID badge.
- Get contact info from witnesses. Don’t assume someone else will.
- Request the official incident report. If you were on a public bus, there’s paperwork. Fill it out and demand a copy.
- Preserve damaged personal items. They can show force of impact.
- Send legal notice to the right government agency. Certified mail. Within the deadline.
- Stay off social media. That “I’m okay” post might come back to cost you thousands.
Don’t Let Them Bury Your Case
Bus accidents in Georgia come wrapped in red tape. Miss a deadline, lose a report, wait too long, and the system gets exactly what it wants: one less payout.
Robin Frazer Clark, P.C. doesn’t play by their rules. She breaks the silence, takes the fight to the ones responsible, and makes them answer for every injury they tried to sweep under the rug. If you’ve been hurt in a bus crash, call her office now at (404) 873-3700. Waiting only helps them. Justice doesn’t wait. Neither should you.