Honolulu Bus Accident Lawyers

How Are Bus Accidents Different from Other Types of Crashes?

In Hawaiʻi, buses are considered common carriers because they transport passengers for a fee. Buses are also considered commercial motor vehicles under state and federal law. Pursuant to these laws, buses must follow enhanced safety rules and exercise additional care when transporting passengers.

There are special laws that apply to commercial motor vehicles and common carriers. This can make bus accident cases far more complex than other types of automobile crash claims.

In Honolulu, TheBus system presents a unique legal landscape. Although day-to-day operations are handled by Oahu Transit Services, a private company that maintains its own insurance coverage, the transit system itself is owned by the City and County of Honolulu. As a result, depending on the circumstances of the incident, a bus-accident claim may involve not only Oahu Transit Services but also the City and County as a governmental entity.

Personal injury claims against government agencies in Hawaiʻi are allowed, but they are subject to special statutory requirements. These include strict notice provisions, shortened deadlines, and other procedural limitations that do not apply in ordinary lawsuits against private parties. Failure to comply with these rules can bar an otherwise valid claim.

By contrast, some bus operations in Hawaiʻi are fully private. While these cases are not governed by government-claim statutes, they can still be complex, as injured passengers must contend with corporate defendants and well-funded insurance carriers. An experienced Honolulu bus-accident lawyer can identify all potentially responsible parties, navigate the applicable legal framework, and pursue maximum compensation.

Finally, bus accidents are different because of the nature of buses. They are much larger than most standard passenger vehicles, which puts everyone else on the road at a greater risk of serious injury. Buses also don’t have seatbelts or other safety devices (like airbags), so passengers also face a higher likelihood of being seriously injured in a collision.

Common bus accident injuries can include things like:

• Head trauma, such as concussions and traumatic brain injury
• Neck and back injuries
• Broken bones
• Internal injuries
• Crushing injuries
• Burns
• Paralysis

These injuries can occur to bus passengers, drivers, and passengers in other vehicles, bicyclists, and/or pedestrians.

If you have been hurt in a bus accident on Oahu or anywhere in Hawaiʻi, we can help you get justice. We have an in-depth understanding of the federal and state laws that apply to buses, and we aren’t afraid to take on the government or a big corporation. Contact us at any time to schedule a free consultation with a member of our legal team.

Who Is Liable for a Honolulu Bus Accident?

In Hawaiʻi, most personal injury cases are based on a theory of negligence (carelessness). A person is considered negligent if they fail to use the level of care that a reasonable person would use in a similar situation. As common carriers and commercial motor vehicles, bus drivers and companies are held to a higher standard of care.

There are many different parties that could be liable for a bus crash, depending on the facts of the case. This could include the bus driver, the bus company, a bus mechanic or maintenance company, a school district, a local government agency, or even the manufacturer of the bus. In some cases, another driver could be responsible for causing a bus crash. For example, if a vehicle merges onto a highway in front of a bus without yielding and the bus driver brakes hard to avoid impact, it could lead to a multi-vehicle accident.

A bus company can be held responsible for an accident if it fails to:

• Inspect and maintain its fleet of vehicles
• Make any necessary repairs to buses
• Hire qualified drivers
• Train and supervise bus drivers
• Require bus drivers to take sufficient rest periods

Bus companies are also liable for the wrongful actions of their employees through a doctrine known as respondeat superior. In essence, if a bus driver or other bus company employee does something to cause a crash (such as speeding or running a red light), then the company itself can be responsible for any losses that result.

Determining fault can be complicated. Our law firm is adept at navigating these cases to help our clients get full compensation. We will perform a full investigation of the accident to build the strongest possible case.

This typically includes requesting accident reports from law enforcement, interviewing witnesses, and seeking photos and videos of the accident and the accident scene. We will also gather and review your medical records and work with experts to prove liability and your losses.

Most personal injury cases, including bus accident cases, are resolved outside of court. Our team will work diligently to settle your case through a settlement. If the insurance company or government agency refuses to offer you fair compensation for your losses, we will take your case to trial to get you the money that you deserve.

Compensation in a Honolulu Bus Accident Case

In any Hawaiʻi personal injury case, you may be entitled to three kinds of compensation: economic, non-economic, and punitive damages. Together, economic and non-economic damages are referred to as compensatory damages. They are potentially available in every personal injury case, while punitive damages are only awarded in more unusual cases.

Economic damages cover your financial losses. They may include money for your past and future medical expenses, lost wages, reduced earning capacity, and property damage. For example, if you require surgery for a badly broken bone, economic damages will pay for the diagnostic tests, doctor’s bills, surgery, hospital stay, and time off work while you recover.

Non-economic damages pay for your intangible losses. Examples include pain and suffering, emotional distress, reduced quality of life, scarring, and disfigurement. These damages can be harder to prove since you won’t get a bill in the mail for something like your physical discomfort or emotional trauma, but they are just as important as economic damages when it comes to making you whole after a bus accident.

Finally, punitive damages are awarded in cases where the at-fault party acted intentionally or recklessly. While rare, it is possible for a bus accident to be caused by intentional or reckless conduct (such as driving under the influence of alcohol and/or drugs). Punitive damages are designed to punish someone who engaged in this type of behavior instead of compensating an accident victim.

Any settlement for a Honolulu bus accident should include compensation for all of your losses. Unfortunately, insurance companies and government agencies often try to resolve cases for far less than full value. That is where our law firm can help.

We won’t simply accept a lowball settlement offer for your bus case. We will fight to get you every penny that you are entitled to under Hawaiʻi law. Our Honolulu bus accident lawyers are dedicated to getting our clients maximum compensation for their injuries, and we will never charge a fee unless we recover money for you.

Help for Honolulu Bus Accident Victims

In Hawaiʻi, buses offer a convenient way to get around the islands. Yet buses can also be dangerous for passengers and for everyone else on the road. If you have been involved in a bus accident on Oahu or anywhere in Hawaiʻi, we can help you get the money that you deserve for your losses.

Based in Honolulu, Miyashita & O’Steen advocates for accident victims throughout Hawaiʻi, including both residents and tourists. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule an appointment with a Honolulu bus accident attorney, call our law offices at 808-425-9755 or fill out our online contact form.