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When thinking about how to transport a large group of people to tourist destinations or large meetings, the subject of chartering a tour bus often comes up. Some individuals here in Southwest Florida volunteer their time to church groups or other not-for-profit organizations. They are  asked to arrange for a charter bus as part of fund-raising events or other activities. How do they, and other trip planners, pick the right charter bus company? They need to keep in mind that bus accidents happen.  Bus accidents can be very dangerous forms of motor vehicle collisions by virtue of the bus size and the large number of occupants.   

"Passengers who have been injured in a bus crash have a number of legal options available to them, but pursuing a personal injury claim after a bus accident may be very different from being injured in an ordinary car accident because of the unique laws that apply to buses. We recommend that, if you or a loved one is injured in a bus accident, you contact our experienced team as soon as possible after the accident," says Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

The National Transportation Safety Board (NTSB) on its "2013 Most Wanted List Page - Improve the Safety of Bus Operations" reported that, "Nationwide, more than 700 million passengers, nearly the entire population of Europe, are transported by buses annually. ....according to the Federal Motor Carrier Safety Administration (FMSCA), there are more than 250 killed and 20 thousand injured in bus-related crashes in 2009." (The most recent data which includes pedestrians and occupants of other vehicles involved in the crashes.) In the period from 2000-2007 there were 1,093 fatal accidents involving large buses, resulting in 1,315 fatalities and 3,471 injuries.

In their research study in 2012 "Risk Factors Associated with Bus Accident Severity in the United States", the Journal of Safety Research reported that although "bus accidents comprise a relatively small share of the total accidents (0.6%) in the United States, the number of bus accidents per million passenger miles (3.04) is comparable to the number of car accidents per million driven miles (3.21)"

Specific federal and state regulations apply to buses as "common carriers". As common carriers they have a legal responsibility to show a higher duty of care since they offer their services to the public for a fee. Unlike non-commercial drivers who must operate under "reasonable" care, a common carrier must use the "highest degree" of care and vigilance for passenger safety.  Should common carrier drivers fail to adhere to that higher duty of care, it would be considered negligence

Many bus accidents happen because of:

• Driver error and fatigue
• Faulty or defective equipment, such as tires and brakes
• Driver inexperience
• Improper driver training
• Inclement weather with reduced visibility
• Driver drug and/or alcohol use
• Speeding and improper lane changes
• Driving while being sleep-deprived

Safety, quality and compliance with government regulations are three critical factors in considering the motor coach company for your group.  Generally, interstate, for-hire passenger carriers which operate motor coaches must:

• Have both a USDOT number and operating authority registration from the U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA)—the Federal government agency responsible for the enforcement of laws relating to commercial motor vehicles. Ask for the carrier's U.S. DOT number. Carriers are required to have a U.S. DOT number clearly displayed, and should be either 5 or 6 digits long. By using that number, you can view the carrier's safety information on line. 

•  Maintain insurance coverage of at least $5 million.

• Provide accessible motor coach service, using buses equipped with wheelchair lifts and secured areas for individuals with disabilities in accordance with the American with Disabilities Act (ADA) and the U. S. Department of Transportation ADA regulations. 

• Provide drivers who have a valid and current Commercial Driver's License (CDL), with a "passenger" endorsement printed on the license itself.  CDLs are only issued after drivers have demonstrated their abilities through on-road skills and knowledge tests.

(Source: FMCSA) 

In addition to safety, quality and compliance, consider the following:

• Bargain shopping - For a bus company to be able to offer drastically reduced charter or tour rates, they may need to cut corners on maintenance, safety compliance or comfort.

• Group needs - Group size and the distance to be traveled need to be considered in addition to the budget when selecting the bus company. 

• Put it in writing - All the services which are to be provided by a bus company need to be documented in writing. These services may include whether the passengers and belongs are insured; what happens if there is a bus breakdown; what comfort features will be available such as air conditioning or video systems, and how many stops will there be.

The U.S. Department of Transportation - Federal Motor Carrier Safety Administration (FMCSA) has information on their website -  Are You Planning A Bus Trip - Look Before You Book  This is important information for anyone planning a group bus trip.

Southwest Florida Accident Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.