OREGON BUS ACCIDENT ATTORNEY

Oregon’s Reliable Advocates for Bus Accident Injury Claims

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Bus accidents in Oregon can have devastating impacts on passengers, their families, and communities. Whether on public transport, school, or charter buses, these incidents often lead to severe injuries, costly medical bills, and lasting trauma. When you board a bus, you trust that both the driver and company prioritize safety—through regular vehicle maintenance and adherence to strict safety regulations, such as ensuring drivers are well-rested and follow specific hours.

At Johnston Personal Injury Law Firm, we are dedicated to advocating for bus accident victims in Oregon. Led by Marc A. Johnston, a skilled attorney with a strong commitment to personal injury law, our firm understands the complexities involved in bus accident cases. When safety standards are neglected, passengers are at risk of serious injuries, including broken bones, spinal injuries, and traumatic brain injuries. Our experienced team can help you navigate the legal process, understand your rights, identify liable parties, and pursue compensation to cover medical expenses and other losses. By choosing Johnston Personal Injury Law Firm, you are giving yourself the best chance for a successful outcome with a team that genuinely cares about helping victims rebuild their lives.

How Common Are Bus Accidents in Oregon?

Though less frequent than car accidents, bus accidents still pose a significant risk to public safety in the state of Oregon. According to recent data, there were 113 bus accidents in Oregon in 2023, with 33 resulting in injuries, though fortunately, none resulted in fatalities. However, bus accidents in the U.S. as a whole can be deadly; for instance, in 2021, 101 bus accidents nationwide led to 108 fatalities, underscoring their serious nature.

In Oregon, bus crashes occur across various settings, from busy city intersections to rural highways. Portland, the state’s largest metropolitan area, sees a substantial number of bus-related accidents each year, particularly involving TriMet buses, school buses, and charter buses. The Oregon Department of Transportation (ODOT) tracks transportation incidents annually, noting not only the frequency of bus collisions but also the extent of injuries sustained by bus passengers, drivers, and other parties involved.

One of Oregon’s most tragic bus accidents took place on December 30, 2012, near Deadman’s Pass in the Blue Mountains, just east of Pendleton. In this accident, nine passengers lost their lives, and many more were injured. An investigation by the Federal Motor Carrier Safety Administration revealed that the driver had been on duty for 92 hours in the eight days leading up to the accident, surpassing the federal limit of 70 hours. This incident highlights the risks of driver fatigue and the need for strict adherence to federal regulations.

Main Causes of Bus Accidents in Oregon

Several factors contribute to accidents involving buses in Oregon, and identifying these causes is crucial for assigning liability in bus accident cases. Some common causes include:

• Bus driver negligence: Distracted driving, speeding, and failure to obey traffic laws are significant factors in many bus accidents. Fatigued bus drivers, especially those working long shifts or driving overnight, are more likely to make mistakes that could lead to serious accidents.
• Poor maintenance: Buses, due to their frequent use, require regular maintenance to operate safely. Faulty brakes, worn tires, and engine problems are examples of mechanical issues that can cause bus crashes. Bus companies are responsible for ensuring their fleet is properly maintained.
• Weather conditions: Oregon’s variable weather, especially during the rainy season, can lead to slick roads and reduced visibility, increasing the likelihood of accidents. Bus drivers are trained to adjust to these conditions, but negligence or error in these situations can result in collisions.
• Other motorists: Accidents are not always the bus driver’s fault. Reckless driving, abrupt lane changes, or unsafe behavior by other motorists can force buses into dangerous situations, resulting in collisions.
• Bicyclists and pedestrians: Bus accidents can also involve vulnerable road users such as bicyclists and pedestrians, particularly in busy urban areas. Limited visibility, especially in blind spots, and crowded intersections can make it challenging for bus drivers to see bicyclists or pedestrians. In these situations, even minor driver errors or momentary distractions can lead to severe injuries for the unprotected victims.
• Improper loading: Similar to improperly loaded trucks, overloaded buses or improperly loaded luggage can affect the vehicle’s balance and stability, contributing to rollovers and other serious incidents.

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Types of Vehicles That Qualify as Buses in Oregon

Under Oregon law, buses are broadly categorized as vehicles designed to carry multiple passengers. Different types of buses are governed by various regulations and have unique operational risks. Buses in Oregon include:

• Public transit buses: These are operated by agencies such as TriMet in the Portland area and provide essential transportation for the public. Public transit buses are often involved in urban traffic, increasing the risk of collisions.
• School buses: Transporting students daily, school buses are highly regulated to ensure safety. However, school bus accidents do occur and can result in severe injuries for young passengers.
• Charter buses: These are typically used for private events or tours and are often operated by private bus companies. Charter bus accidents can involve multiple parties, from the bus company to drivers and even the event organizers.
• Shuttle buses: Commonly used by hotels, airports, and universities, shuttle buses transport passengers on short routes. Accidents involving shuttle buses may involve multiple parties due to the involvement of the bus company and the institution hiring the service.

TriMet Bus Accident Specifics

TriMet, Portland’s public transit authority, operates an extensive network of buses, MAX Light Rail, and streetcars, serving thousands across a 533-square-mile area that includes parts of Multnomah, Washington, and Clackamas counties. As a municipal corporation of the State of Oregon, TriMet has powers to tax, issue bonds, and enforce ordinances, and is overseen by a governor-appointed, seven-member board of directors. Given Portland’s dense traffic and TriMet’s wide reach—from Troutdale to Forest Grove and Sauvie Island to Estacada—its buses and trains face an increased risk of accidents involving other vehicles, pedestrians, and cyclists.

If you’re injured in a TriMet accident, you must file a written Short Claim Notice within 180 days, or within a year if a fatality occurred. Missing this deadline may bar you from pursuing compensation. These cases also require a thorough investigation into factors like bus maintenance, driver training, and operational conditions to establish liability. As TriMet is self-insured, its in-house legal team aggressively defends against claims, making it crucial to consult a skilled Portland bus accident attorney to help secure the compensation you deserve.

School Bus Accident Specifics

School bus accidents in Oregon require special attention due to the involvement of young, vulnerable passengers. While school buses are designed with reinforced structures and safety features like seatbelts to minimize injury risks, accidents can still lead to severe bus accident injuries or, in tragic cases, fatalities. Causes of these accidents range from driver error and poor maintenance to hazardous weather conditions or the actions of other drivers.

Determining liability in a school bus accident can be complex. Depending on the situation, the responsible party might be the school district, the bus driver, or even the bus manufacturer. In cases of negligence, parents of injured children may pursue compensation from the liable party’s insurance company to cover medical expenses, pain and suffering, and future care for severe injuries, such as traumatic brain injuries.

Charter Bus Accident Specifics

Charter buses operate under “common carrier” laws, which hold both drivers and companies to higher standards of safety. If a driver fails to meet these standards—whether due to fatigue, distraction, or impairment—they or the company may be liable. However, liability can also extend to others, such as companies hired to maintain the bus, background check services that vet drivers, or even the organization renting the bus if their actions contribute to unsafe conditions.

In some cases, accidents may stem from mechanical issues rather than driver fault. For instance, if a defective part causes a brake failure, the manufacturer or installer of the part could share liability. Additionally, accidents involving third parties—such as other drivers or commercial entities—are not uncommon. An experienced charter bus accident attorney can conduct a detailed investigation to identify all responsible parties, whether it’s the driver, the bus company, a maintenance provider, or a third-party driver. By identifying all liable entities, an attorney can seek fair compensation for victims, covering medical expenses, lost income, and other damages resulting from the accident.

Types of Bus-Related Accidents That Don’t Involve Other Vehicles

Here are some common examples of accidents involving buses that occur independently of other vehicles:

• Slip-and-fall on the bus: Passengers may slip and fall while boarding, exiting, or moving around the bus due to wet or slippery floors, poorly maintained steps, or unexpected jerks and movements of the bus.
• Sudden stops or starts: A driver’s abrupt braking or acceleration can cause passengers to lose their balance, leading to injuries, especially if they’re standing or moving.
• Falling luggage or objects: Overhead compartments or luggage areas might not be properly secured, causing bags or objects to fall on passengers during sudden stops, turns, or when the bus hits a bump.
• Broken seats or fixtures: Damaged seats, armrests, or handrails can lead to injuries if they collapse or malfunction when passengers use them for support.
• Door malfunctions: Bus doors can sometimes close unexpectedly or with excessive force, potentially trapping passengers or causing injuries as they board or exit.
• Injuries from a rough ride: Bumpy roads, potholes, or poorly maintained suspension systems can lead to minor injuries, such as whiplash, as passengers are jolted during the ride.
• Accidents involving wheelchair accessibility features: Passengers using wheelchairs can suffer injuries if lifts or ramps malfunction or are used improperly by the driver.

These types of incidents emphasize the need for bus companies to maintain their vehicles properly and operate responsibly to protect passenger safety, even without external collisions. If you’ve been injured in a bus-related accident under similar circumstances, you may be entitled to compensation. Consulting an attorney could assist in evaluating your claim and pursuing compensation for your injuries.

What Is the Statute of Limitations for Bus Accidents in Oregon?

In Oregon, the deadline to file a bus accident claim varies depending on whether the bus is operated by a private company or a public entity. For private bus operators, you have two years from the accident date to file a lawsuit under Oregon’s general personal injury statute.

However, if the bus is operated by a public entity, such as a city-run transit authority (i.e. TriMet), you must file a notice of claim within 180 days of the accident. This notice preserves your right to pursue legal action after the public entity has conducted its investigation. Given the complexities of these cases, especially with public entities, consulting an experienced Oregon bus accident attorney promptly is essential to meet all deadlines and protect your right to seek compensation.

Who Can Be Liable in an Oregon Bus Accident?

Bus accident cases may involve multiple potentially responsible parties, each of whom could be held liable depending on the circumstances:

• Bus drivers: If the driver’s negligence caused the accident, they could be held directly responsible.
• Bus companies: Bus companies are responsible for hiring qualified drivers and maintaining their fleet. If they fail in these duties, they can be liable.
• Government entities: In cases involving public transit buses, the governmental agency operating the bus may be liable.
• Other motorists, cyclists, or pedestrians: When accidents involve buses, other motorists, cyclists, or pedestrians can also be held liable if their reckless or negligent behavior contributed to the crash. For example, a motorist who cuts off a bus, a cyclist who ignores traffic signals, or a pedestrian who steps into the street unexpectedly could each bear responsibility for the resulting accident. In such cases, their actions may lead to shared or contributory liability, depending on the circumstances of the incident.
• Manufacturers: If a bus defect contributed to the accident, the manufacturer could be liable.

Compensation Available for Bus Accidents in Oregon

Victims of bus crashes in Oregon may be eligible for several types of compensation, including:

Medical Expenses: For past, present, and future medical treatment related to bus crash injuries.

Lost Wages: Compensation for income lost due to injury recovery time.

Pain and Suffering: Damages for emotional and physical pain endured from the accident.

Wrongful Death: In fatal cases, families may recover compensation for funeral costs, loss of companionship, and future financial support.