When bus accidents take lives, surviving family members can pursue wrongful death claims against responsible parties. These claims compensate families for their devastating losses while holding negligent bus companies accountable for fatal safety failures.

What Is Wrongful Death?

Wrongful death is a civil claim brought when someone dies due to another party's negligence or intentional misconduct. If the deceased would have had a valid personal injury claim had they survived, their survivors can bring a wrongful death claim.

Wrongful death claims are separate from criminal proceedings. Even if no criminal charges are filed, or if charges result in acquittal, civil wrongful death claims can proceed under the lower "preponderance of evidence" standard.

Who Can Bring a Wrongful Death Claim?

State laws determine who has standing to bring wrongful death claims. Typically, eligible plaintiffs include:

  • Surviving spouse
  • Children (including adopted and sometimes stepchildren)
  • Parents (especially when the deceased was a minor)
  • Dependent family members
  • Estate personal representative

Priority and eligibility rules vary by state. Some states allow only certain family members to sue; others permit the estate to bring claims on behalf of all survivors.

Damages in Wrongful Death Cases

Wrongful death damages compensate survivors for their losses:

Economic damages include the deceased's lost income from the date of death through expected retirement, lost benefits and pension contributions, medical and funeral expenses, and the value of household services they would have provided.

Non-economic damages cover loss of consortium (companionship, guidance, care), loss of parental guidance for children, emotional pain and suffering of survivors, and loss of inheritance.

Some states allow recovery for the deceased's pre-death pain and suffering as a "survival" claim that passes to the estate.

Calculating Lost Income

Lost income calculations in wrongful death cases often reach millions of dollars for victims with decades of working years ahead. Economists project future earnings based on the deceased's education, occupation, career trajectory, and life expectancy. Lost benefits, retirement contributions, and raises are included.

Even when the deceased wasn't employed—such as a stay-at-home parent—their household services have economic value that can be calculated and recovered.

Bus Company Liability for Fatal Accidents

Bus companies face wrongful death liability when their negligence causes passenger deaths. The common carrier duty of care makes bus companies liable for even slight negligence that proves fatal. Common grounds for liability include driver negligence, vehicle maintenance failures, inadequate safety equipment, negligent hiring or training, and failure to comply with safety regulations.

Government transit authorities may face additional hurdles including notice requirements and damage caps, but they are not immune from wrongful death claims.

Multiple Fatalities

Bus accidents can cause multiple deaths, creating complex litigation with many claimants. Insurance policy limits may be insufficient to fully compensate all families. Courts may need to allocate limited funds among claimants, potentially through interpleader actions or structured settlements.

Experienced counsel can identify additional coverage sources and liable parties to maximize recovery for all affected families.

Punitive Damages

When bus company conduct shows willful disregard for safety—such as knowingly using impaired drivers, falsifying maintenance records, or ignoring serious safety violations—punitive damages may be available in addition to compensatory damages. Punitive damages punish egregious misconduct and deter similar behavior.

Statute of Limitations

Wrongful death claims must be filed within applicable statutes of limitations, typically one to three years from the date of death. Government claims require much shorter notice periods—sometimes just 30 to 180 days. Missing these deadlines bars recovery entirely.

Seeking Justice for Your Loved One

Losing a family member in a bus accident is devastating. While no amount of money can replace your loved one, wrongful death claims provide financial security for surviving family and hold negligent parties accountable.

Consult a wrongful death attorney as soon as possible. Time limits are strict, evidence must be preserved, and grieving families shouldn't navigate complex litigation alone. Most wrongful death attorneys work on contingency, so families pay nothing unless they recover compensation.