City bus drivers can cause pedestrian accidents through negligence, such as speeding, distracted driving, or failing to yield to pedestrians at crosswalks. Poor visibility, inattention, or disregard for traffic laws can also contribute to accidents. If a city bus driver causes a pedestrian accident, it may be possible to sue the city, but special legal rules apply, including strict filing deadlines.
A Calgary pedestrian accident lawyer can determine liability and gather evidence to support your case. They can also negotiate for a fair settlement or represent you in court to pursue compensation for lost income, pain and suffering, and other damages resulting from the accident.
How Do Pedestrian Accidents Involving City Buses Most Frequently Happen?
City bus drivers, like all drivers, are responsible for operating their vehicles safely to prevent accidents. However, there are several factors that may lead to bus drivers inadvertently causing pedestrian accidents. While buses are large and have good visibility for the driver, there are still numerous challenges that can result in a dangerous situation for pedestrians.
One primary reason a city bus driver may cause an accident is due to inattention or distraction. In busy urban environments, bus drivers often have to drive crowded streets, deal with traffic signals, and respond to frequent stops. If something in the bus distracts the driver, such as adjusting controls, talking to passengers, or dealing with unexpected situations (like a rowdy passenger), they may fail to notice pedestrians crossing at an intersection or waiting to board the bus. This lapse in attention can easily result in an accident.
Another factor is poor visibility. Buses, particularly large ones, have several blind spots. These blind spots can obscure a pedestrian’s presence, especially in areas where the sidewalk is close to the street or when the pedestrian is crossing in front of the bus. If the bus driver does not check these areas carefully, they may unintentionally pull out into traffic or make a turn without seeing a pedestrian in the bus’s path. This maneuver is particularly common at busy intersections or bus stops.
Speeding or reckless driving is also a significant risk. Sometimes, drivers may feel pressure to stay on schedule or avoid delays, which can lead them to drive too fast for conditions or fail to yield the right-of-way to pedestrians. In a rush to make up time, a driver may not properly assess the safety of a situation, especially in crowded cities where pedestrians may cross unpredictably or suddenly.
Finally, inadequate training can contribute to accidents. Bus drivers must be fully trained to safely drive on city streets. If they lack sufficient knowledge or experience in handling situations involving pedestrians, they may fail to recognize potential hazards or act too slowly to avoid a collision.
Most Common Injuries in a Pedestrian Accident Involving a City Bus
Pedestrian accidents involving city buses can lead to serious injuries due to the size and weight of the vehicle. When a bus strikes a pedestrian, the impact can cause a range of injuries, some of which can be life-threatening. The most common injuries in these types of accidents often involve the head, torso, legs, and internal organs.
One of the most severe injuries a pedestrian can sustain in a bus accident is a head injury. The force of the impact can cause the pedestrian to be thrown onto the ground or even hit the side of the bus, leading to traumatic brain injuries (TBIs). These injuries can range from concussions to more severe brain damage, potentially resulting in long-term cognitive impairments, memory loss, or even death. Head injuries are particularly dangerous because they can be hard to detect immediately and may worsen without prompt medical attention.
Fractures are also common in pedestrian accidents with buses. Since buses are much larger and heavier than cars, they can easily break bones when striking a pedestrian. Fractures often occur in the legs, arms, and pelvis, but severe injuries can also happen to the ribs, spine, or skull. Fractures in the legs or pelvis are particularly serious because they can result in long-term mobility issues and require extensive surgery or rehabilitation.
Another frequent injury is spinal cord damage. When a bus hits a pedestrian, the force of the collision can cause a sudden jolt that damages the spinal cord. This injury can lead to partial or complete paralysis, depending on the location and severity of the injury. Spinal cord injuries often result in permanent disability.
Internal injuries can also occur when a bus strikes a pedestrian. The trauma from the collision can cause damage to vital organs such as the liver, kidneys, lungs, or spleen. These injuries may not be immediately obvious but can lead to internal bleeding, which can be fatal if not treated quickly.
Finally, soft tissue injuries, including bruises, contusions, and lacerations, are common in pedestrian accidents. These injuries can cause significant pain, swelling, and long-term discomfort.
Filing a Lawsuit Against a City
Filing a lawsuit against a city after a pedestrian accident involving a city bus can be a complicated legal process. When a city bus strikes a pedestrian, the victim may seek compensation for lost earnings, pain and suffering, and other damages. However, suing a city is not the same as filing a lawsuit against a private individual or company, as municipalities often have legal protections that limit how and when they can be sued.
The first step in the process is determining liability. In most pedestrian accidents involving city buses, the city or its transportation department may be held responsible if the bus driver was negligent. Negligence can include situations where the driver was speeding, distracted, failed to yield the right-of-way to pedestrians, or ignored traffic signals. In some cases, there may be other contributing factors, such as poor road conditions or inadequate signage, that also play a role in the accident.
Once liability is established, the next step is determining whether the city has immunity. This is a legal doctrine that sometimes protects municipalities, including cities, from certain types of lawsuits. However, many municipalities have waived sovereign immunity (i.e. per the Alberta Municipal Government Act) in cases involving personal injury or property damage that government employees, such as bus drivers, caused. It’s essential to consult with an experienced personal injury lawyer to determine whether the city can be sued in a particular case.
If the city is deemed liable, the victim will need to file a claim within a specified timeframe, often called a “notice of claim,” before filing a lawsuit. This notice informs the city of the intent to pursue a lawsuit, which typically must be filed within a short period after the accident. Failing to file a timely claim may prevent the victim from seeking compensation.
Settlement negotiations may also take place between the city and the victim’s legal team. The city may offer a settlement to avoid a lengthy court process. If the parties cannot reach an agreement, the case may proceed to trial, where the plaintiff (the injured pedestrian) must prove that the city or its employees were negligent and that the negligence directly caused the accident.
It’s crucial for accident victims to consult with a skilled lawyer to understand their rights and increase their chances of securing fair compensation.
Proving the Elements of Negligence in a Pedestrian Accident Case
In a pedestrian accident case due to a city bus driver, the victim must prove the legal elements of negligence to succeed in their claim. Negligence is a failure to exercise the care that a reasonable person would in similar circumstances, and it is the foundation for most personal injury cases. To prove negligence, the plaintiff must demonstrate four key elements: duty of care, breach of duty, causation, and damages.
- Duty of Care – The first element in proving negligence is establishing that the bus driver owed a duty of care to the pedestrian. In general, drivers, including city bus drivers, have a responsibility to operate their vehicles safely and avoid causing harm to others on the road, including pedestrians. This duty is automatically established in most situations as bus drivers are expected to follow traffic laws, observe pedestrian crossings, and drive carefully, especially in busy urban environments.
- Breach of Duty – The second element is showing that the bus driver breached their duty of care. A breach occurs when the driver fails to act as a reasonably prudent person would under similar circumstances. For example, if the bus driver was speeding, distracted, or failed to yield to a pedestrian in a crosswalk, these actions would be examples of a breach of their duty. Evidence such as traffic camera footage, eyewitness testimony, or police reports may be used to demonstrate that the bus driver’s actions were careless or improper.
- Causation – Next, the plaintiff must show that the bus driver’s breach of duty directly caused the pedestrian’s injuries, which is known as causation. If the pedestrian suffered an injury because the bus driver ran a red light or failed to stop at a crosswalk, causation is likely to be established.
- Damages – Finally, the plaintiff must prove that they suffered actual damages as a result of the accident. These damages can include physical injuries, emotional distress, pain and suffering, and financial losses such as lost income. If the pedestrian did not sustain any harm, even if the driver was negligent, there is no basis for a negligence claim.
Types of Compensable Losses in a City Bus Accident Case
In a pedestrian accident case involving a city bus, victims may be entitled to compensation to address the physical, emotional, and financial toll the accident has taken on their lives. These are the main types of damages that can be claimed, depending on the specific circumstances of the case.
One of the primary damages in a pedestrian accident case is lost income. If the pedestrian is unable to work due to the injuries sustained in the accident, they may be compensated for the income they have lost. This compensation includes both past earnings (the income lost between the time of the accident and the trial or settlement) and future earnings (the expected income the individual will lose due to long-term disabilities or the inability to return to work in the same capacity). For example, if a pedestrian was employed in a job that required physical activity but could no longer perform those duties due to injury, they may be entitled to compensation for the difference in their earning capacity.
Another important loss is pain and suffering. Pain and suffering is a form of non-economic damage that seeks to compensate the victim for the physical and emotional distress the accident caused. Pain and suffering can include both the immediate pain from the injuries and the ongoing discomfort or limitations the individual may experience. Furthermore, this category encompasses mental anguish, such as anxiety, depression, or post-traumatic stress disorder (PTSD), which can result from the trauma of the accident.
Loss of life enjoyment is another potential compensation that victims may claim. This type of damage refers to the loss of the ability to engage in activities or hobbies that the individual enjoyed before the accident. For example, if a pedestrian can no longer participate in sports, travel, or socialize as they did prior to the injury, they may seek compensation for this loss. The repercussions on their quality of life can be a significant factor in determining the amount of compensation.
In some cases, a spouse or family member who has been affected by the pedestrian’s injuries may be compensated for loss of consortium. Compensation for this damage addresses the loss of companionship, intimacy, and emotional support that the family member may suffer due to the victim’s injuries.
Finally, in certain situations, punitive damages may be awarded if the bus driver or city acted in an exceptionally reckless or malicious manner. These damages are intended to punish the responsible party and deter similar conduct in the future.
Call an Experienced Pedestrian Accident Lawyer Today
If you sustained injuries in a pedestrian accident that a city bus driver caused, you have legal options. A skilled Calgary personal injury lawyer can meet with you to go over your case circumstances and set you on a course to recover the compensation you deserve.
