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Injured on or by a bus? Act quickly. Deadlines are short and evidence disappears.
Since 1997, the attorneys at Flaherty Fardo Rogel & Amick have represented injured people and their families throughout Pittsburgh and Western Pennsylvania. We work closely as one team. Every case that heads toward trial has the whole team behind it.
We have litigated cases against both public and private bus companies. We represent people hurt in Port Authority, school bus and commercial bus accidents. Bus cases are different from ordinary car accident cases. The bus owner is often a government agency, special notice rules and immunity laws apply, and key evidence, especially onboard video, can be lost if no one acts fast.
After a Bus Accident: What to Do
- Get medical care right away. Passengers are often thrown from seats or fall while standing.
- Write down the bus number, route, time and location.
- Get names of witnesses, including other passengers.
- Report the incident to the police and the bus operator, and keep a copy of any report.
- Call a lawyer right away. Bus video can be recorded over. We send preservation demands immediately.
Common Causes of Bus Accidents
- Drivers pulling away before passengers are seated or safely off
- Sudden stops and sharp turns
- Buses striking pedestrians and cyclists in crosswalks
- Driver fatigue, distraction and inadequate training
- Poor maintenance of brakes, doors and wheelchair lifts
- Other drivers who cut off or strike a bus
Experience Against the Port Authority
The Port Authority of Allegheny County, now known as Pittsburgh Regional Transit (PRT), vigorously defends claims against it. Partners Shawn Flaherty and Noah Fardo have both obtained jury verdicts against the Port Authority. Our firm’s wins against it have included cases involving pedestrians.
When we sued the Port Authority under the Americans with Disabilities Act (ADA) for violating the civil rights of a passenger with a disability, it fought the case for several years and filed several appeals. It lost every appeal and was ordered to pay our attorney fees. The verdict, obtained by Noah Fardo, was the first time the Port Authority was found to have intentionally discriminated against a passenger with a disability. It drew attention from lawyers nationwide. Past results do not guarantee success, but they show our experience with this defendant.
Pennsylvania Rules You Should Know
- Six-month written notice. Claims against a government agency, such as PRT, SEPTA or a public school district, generally require written notice within six months of the incident.
- Immunity, with a vehicle exception. Government agencies are immune from many claims, but Pennsylvania allows claims for the negligent operation of a vehicle the agency possesses or controls.
- Damage caps on government claims. Claims against local agencies, such as school districts, are capped at $500,000 in total per incident. Claims against Commonwealth agencies are capped at $250,000 per person and $1 million per incident. Pennsylvania courts treat SEPTA and the Port Authority of Allegheny County (now PRT) as Commonwealth agencies. Which cap applies depends on the defendant, so ask us.
- Pain and suffering limits against local agencies. Against a local agency, pain and suffering is recoverable only in death cases or for permanent loss of a bodily function, permanent disfigurement or permanent dismemberment, when medical expenses exceed $1,500.
- Caps are real. In Zauflik v. Pennsbury School District (2014), a school bus struck a group of students. A jury awarded a student who lost her leg more than $14 million. The Pennsylvania Supreme Court upheld the reduction of that verdict to the $500,000 cap.
- Private bus companies, such as charter, tour and intercity carriers, are not government agencies, so government immunity and damage caps generally do not apply. Commercial bus companies can also be subject to federal motor carrier safety rules on driver qualifications, hours of service and maintenance.
- Your own insurance. If you were a passenger and have your own car insurance, your policy generally pays your medical benefits first.
- Deadline. Most lawsuits must be filed within two years.
How We Build Bus Cases
- Meet the notice deadline. We send the required written notice and preservation letters right away.
- Get the video and data. Onboard and exterior cameras, GPS and maintenance records can show exactly what happened.
- Find every responsible party, including private contractors that operate or maintain buses.
- Trial-ready. Our attorneys have tried cases against the Port Authority to verdict.
What You Can Recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering and loss of life’s pleasures, subject to the limits above for government claims
- Wrongful death damages for surviving family members
Related Cases We Handle
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
