TriMet Bus
Accident Lawyer

Portland’s Reliable Advocates for TriMet Bus Accident Injury Claims

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Serving Portland, OR, since 1969, TriMet buses are a crucial part of the city’s public transportation system. Over 200,000 people use TriMet every weekday, translating to more than 62,000,000 passengers yearly. With so many journeys being made each day, accidents are not uncommon occurrences, sadly.

Tragically, 2023 was TriMet’s deadliest year in nearly a decade. Bus and MAX train accidents took the lives of 5 people. In one incident in August 2023, a TriMet bus collided with 2 trees, injuring 5 passengers and the bus driver. 

If you are in pain and wondering where to turn after a TriMet bus accident, you can trust the Oregon bus accident attorneys at Johnston Law Firm. Based in Portland, OR, we understand TriMet and are best placed to guide you through your TriMet bus accident claim. Schedule a free consultation by calling 503-546-3167 or completing our contact form today.

Common Injuries in Bus Accidents

Bus passengers face more risks than car passengers. There are no safety restraints, the roof of the bus may not be reinforced, and there are no airbags to absorb forces when the bus crashes. 

Additionally, buses are large, heavy vehicles. If you are traveling in a car and collide with a TriMet bus, you are more likely to sustain serious injuries than in an accident with a more lightweight vehicle.

Physical injuries

These factors can all contribute to these common bus accident injuries:

• Minor injuries: Bruises and abrasions can happen when passengers get thrown against hard surfaces during bus collisions. The jerky movements the body experiences during a bus crash can also cause sprains and strains, including whiplash.
• Moderate injuries: Severe whiplash can cause pain for months or even years. Fractures, deep cuts, and traumatic brain injuries (TBIs) also have longer healing times. At times, TBIs can cause long-term impairments and emotional challenges.
• Catastrophic injuries: Serious injuries from bus accidents include spinal cord injuries, severe TBIs, burns, and amputations. These injuries may cause long-term disabilities, force changes to the work you can perform, require ongoing medical treatment and mean adaptations to your home.

The psychological impact of bus accidents

In addition to the physical symptoms bus accident victims experience, there can also be psychological ramifications. Some people develop post-traumatic stress disorder (PTSD) or anxiety and depression. 

The Main Causes of TriMet Bus Accidents in Portland

With hundreds of buses plying many routes across Portland, OR, each day, it is only a matter of time before a TriMet bus crash happens. The following three factors can cause many types of bus accidents. 

Driver error

Sadly, many TriMet accidents are preventable but have taken place at least partially due to bus driver error. To illustrate this point, let’s explore two crashes that took place in 2023.

In a fatal accident on February 14, a TriMet bus driver failed to stop at a stop sign before executing a left turn. A homeless man, Toby Fowler, was struck by the bus and died. The driver was cited by Portland police and took a voluntary demotion. The transit agency paid the victim’s family $450,000 to settle a wrongful death claim.

In a separate incident, a TriMet driver failed to spot a speeding motorcyclist traveling in the opposite lanes of traffic before making a left turn. The motorcyclist, 41-year-old Jonathan Gilkey, died at the accident scene. 

A TriMet spokesperson commented that while their driver had not broken traffic laws, he had not met TriMet’s driving standards. Mr. Gilkey’s mother has filed a claim to recover financial compensation for her son’s wrongful death.

One common driver error that can lead to collisions is distracted driving. Talking to passengers, chatting on a cellphone, texting, and daydreaming can distract the bus driver from the road and lead to accidents.

Another common factor among TriMet accidents is weather. Bus drivers must take weather conditions into account when driving on Portland’s busy roads and drive safely. 

Portland receives an average of 4.5 inches of snow every winter, and stormy and icy conditions are just some of the challenges TriMet bus drivers face. A Portland bus accident attorney can investigate whether driver error played a part in your TriMet bus accident.

Driver fatigue

A study investigating sleepiness in city bus drivers found that 19 percent fight to stay awake while driving 2-3 times per week, while about half experience this 2-4 times per month. Tired bus drivers are more likely to make errors that can lead to catastrophic Oregon bus accidents.

Your Portland bus accident lawyer can investigate whether the bus driver complied with federal hours of service regulations for passenger-carrying commercial vehicle drivers. If he or she did not, then you may be able to seek financial compensation due to driver negligence.

Mechanical failure

Buses travel thousands of miles each year, and excellent bus maintenance is needed to prevent mechanical problems, such as brake failure and tire blowouts, from leading to accidents. Although no TriMet bus accidents linked to mechanical failures have been reported, the transit system is no stranger to mechanical issues. In late 2022, all FX2 60-foot TriMet buses were pulled from the roads to fix a fleet-wide mechanical issue. 

If you have been injured in a TriMet bus accident, Johnston Law Firm bus accident attorneys can explore every possible cause for your accident. This includes requesting maintenance records to see if poor bus maintenance contributed to your injuries. Bus accident lawyers will also investigate the bus manufacturer to see whether known mechanical issues or recalls could have played a part in the accident.

Unique Considerations in TriMet Bus Accidents

In Oregon, accident victims must normally file a personal injury lawsuit within 2 years of the accident date. While this still applies in TriMet bus accident claims, there is an additional statute to consider.

File claims fast

Under the Oregon Revised Statutes, a personal injury claim against TriMet must be made within 180 days of the accident because it is a public body. Wrongful death claims must be submitted within 1 year of the person’s death. If you miss either deadline, you may lose your right to sue for your transit bus accident.

No insurance company

TriMet is a self-insured body. Your bus accident attorney will pursue a claim with TriMet itself rather than an insurance company acting on its behalf. This means that TriMet can call on a team of insurance adjusters and attorneys who work on nothing but TriMet cases every day of the year.

Look out for subcontractors

More than one company may be involved in your case. If you were injured in a bus accident on a route TriMet contracted out to another company, your bus accident attorney may need to file a claim against the subcontractor. 

The takeaway? Pursuing a successful TriMet bus accident claim is complex. It is vital to choose a Portland bus accident attorney who understands the intricacies of TriMet cases and can untangle them to pursue a successful conclusion. 

Don’t miss out on these common personal injury mistakes.

Get the legal counsel you need to guide you through the process of filing an injury claim.

Liability in TriMet Bus Accidents

In any personal injury case, lawyers must investigate and prove who was liable for the accident. When multiple parties are involved, they must determine the strongest route to compensation. 

To prove liability in a TriMet bus accident, Johnston Law Firm bus accident attorneys must investigate multiple parties, potentially including:

• TriMet itself
• The bus driver
• Subcontractors used by TriMet
• Other drivers
• Government entities responsible for road maintenance
• The bus manufacturer

Under the concept of vicarious liability, TriMet may be legally responsible for the actions of its bus drivers. This may allow you to seek compensation directly from TriMet.

Oregon also follows the legal doctrine of modified comparative negligence. This allows an at-fault party to pursue compensation if he or she is less than 51 percent liable for the accident. 

Factors involved in proving liability

A bus accident attorney must prove the following four points to build a successful personal injury case:

1. Duty of care: The at-fault party had a duty of care toward you
2. Breach: The at-fault party breached the duty of care
3. Causation: The breach was the direct cause of your injuries
4. Compensation: You are entitled to financial compensation for losses resulting from your injuries

In some cases, TriMet’s security systems could be your greatest asset. Most TriMet vehicles have video cameras that capture footage of every journey. While they are there for TriMet’s protection, if your lawyer can get hold of the video footage, it could help him or her build a strong case for liability.

Proving liability is a challenge in every personal injury case. Yet, TriMet has some unique features that emphasize how important it is to choose an experienced Portland bus accident lawyer when pursuing a claim against them.

Possible Compensation in TriMet Bus Accidents

TriMet is a public body, so claims against it are subject to the Oregon Tort Claims Act. The act limits the types of claims you can make and caps the compensation you can receive. An experienced Portland bus accident lawyer can advise you on the available legal avenues in your particular case. 

Generally, TriMet bus accident victims can claim economic and non-economic compensation.

Economic compensation

Economic compensation aims to restore your financial losses and generally includes funds to cover:

• Medical expenses, past and future
• Lost wages, past and future, and;
• Property damage

If you have sustained serious injuries, your personal injury attorney may work with medical and financial experts to accurately calculate the full cost of your future medical expenses and lost earning potential.

Non-economic compensation

You may also be entitled to pursue compensation for the intangible losses you suffered as a result of your TriMet bus accident.

These losses could include:

• Pain and suffering
• Emotional distress
• Loss of consortium
• Disfigurement

After discussing your case, a Johnston Law Firm bus accident attorney can explain the compensation you may be entitled to in your specific case.

Average settlement amounts

Every TriMet bus accident case is unique. Settlements are based on many factors, including the extent of your injuries, the medical care needed, and its effect on your ability to work. If you have suffered life-changing injuries or now have a permanent disability, your compensation may be greater than if you suffered an injury from which you will make a full recovery.