Nevada does not have a specific bus accident statute. That said, if an automobile collision involves a bus, the motorists involved must comply with Nevada Revised Statute chapter 484E.
NRS 484E.010 through 483E.130 detail drivers’ duties following any motor vehicle accident. In this article, I discuss what you need to know if you were injured in a bus crash.
Legal Definition of “Bus”
According to the National Highway Traffic Safety Administration (NHTSA), buses are motor vehicles with “a capacity of 11 or more people (including the driver).”
Examples of buses can include:
- City/public buses
- School buses
- Charter buses and tour buses
- Shuttles (such as those at the Harry Reid Airport and Las Vegas casinos)
- Limousines (that can hold 11+ people)
- Vans (that can hold 11+ people) that have not been modified for non-passenger purposes, such as for storage
- Private motor coaches (such as those used by churches or other organizations)
Fortunately, bus crashes are relatively rare. Most of the bus crash cases I deal with concern city buses and “party” buses/limos.
Bus Accident Causes
Common causes of bus collisions include:
- the bus driver lacked the proper training to drive the vehicle
- the driver violated traffic laws (such as by speeding, failing to signal, or changing lanes abruptly)
- the driver was impaired by drugs or alcohol
- the driver was fatigued, distracted, negligent, aggressive, or committed other driver errors
- dangerous weather or poor road conditions
- the bus was not maintained properly, had defective parts or malfunctioned
Of the bus crash cases I see, the blame often lies with driver fatigue, drunk driving, and bus companies that failed to maintain their fleet.
Whom Can Be Sued
If you were injured in a Nevada bus accident, you may be able to sue either the:
- Negligent driver(s);
- Bus company or owner (which is vicariously liable for the bus driver’s negligence);
- Bus manufacturer (if the bus may have had a design defect);
- Mechanics company responsible for ensuring bus safety; and/or
- Government (if unsafe roads or faulty signage contributed to the accident).
Frequent defendants in Nevada bus accident lawsuits I see include:
- RTC (Regional Transportation Commission), which oversees public transportation in Nevada, and
- Clark County, which oversees public school buses throughout the county.
If You Were Partly To Blame
Even if you may have been partly to blame for your bus crash injuries (such as by speeding), you may still be able to bring a successful personal injury claim under Nevada’s comparative negligence laws. You can recover damages as long as you were no more than 50% at fault.1
I get a lot of calls from bus crash victims afraid they have no legal standing because they were partly to blame, such as by jaywalking or texting while driving. Though more often than not, we can hold other parties to account and recover sizeable damages.
Money Damages
My team of Nevada bus accident lawyers pursues the maximum financial compensation for your:
In most cases, I negotiate with the at-fault motorist’s insurance company until I win a favorable settlement.
Deadline To Sue
Under Nevada law, you usually have only a two-year statute of limitations to file a bus accident lawsuit. The two-year clock starts running after you discover your injuries, which is usually the day of the accident.2
Two years sounds like a lot, but it really is not. It takes a long time gather evidence and to craft a winning defense. I advise everyone to contact an attorney right after their injury.
What To Do After A Bus Accident?
Following a bus crash in Nevada, the drivers involved must stop at the accident scene or park as nearby as possible without blocking roadways. As a driver, you must take these three steps:
- If the collision causes physical injuries or a fatality, render aid to the accident victims. This typically includes calling 911 for an ambulance;
- Exchange names, addresses, and vehicle registration numbers with the other people involved. If asked by another driver, present your driver’s license; and
- Provide the above information to any law enforcement officers present at the scene investigating the collision. If asked by police, surrender your driver’s license. If no police officer is present, report the crash to the Nevada Highway Patrol or closest police authority.3
Hitting Unattended Property
If you crash into an unattended vehicle or property, you must:
- Attempt to locate the vehicle’s owner or operator. Failing that, place a conspicuous note on the unattended vehicle or property. The note must contain their name and address as well as the name and address of their vehicle’s owner (if different); and
- Report the bus accident to the Nevada Highway Patrol or the closest police authority. If you are physically unable to call the police, any occupants must do so.4
Note that the bus driver may have additional legal and occupational duties following a crash, particularly if it was a public transportation bus.
Reporting Bus Accidents
As long as police officers were at the scene and made a report, you as one of the drivers involved do not have to file an accident report in Nevada. Though if police are absent, you have 10 days from the date of the accident to fill out and mail an SR-1 form to:
Nevada Department of Motor Vehicles
555 Wright Way
Carson City, NV 89711.
In addition to the form, include these three documents:
- Your insurance that was in effect on the date of the accident;
- A repair estimate of total loss if the crash caused $750 or more in property- or vehicle damage; and
- A physician’s statement of each victim’s injuries (if any).5
Failing to File an Accident Report is a Crime
Knowingly filing an accident report with false information is a gross misdemeanor, carrying up to:
- 364 days in jail and/or
- $2,000 in fines.
Plus the DMV can suspend your license for one year for willfully failing to file a report at all.6 Note that filing an SR-1 form is not required if the bus crash caused no:
- death,
- injuries, or
- $750 or more in damages.7
Fleeing After A Bus Crash
Fleeing the scene of an accident that resulted in an injury or fatality is a category B felony in Nevada carrying:
- 2 to 20 years in prison and
- $2,000 to $5,000 in fines.
The judge may not allow probation or a suspended sentence in lieu of prison.8
If the Nevada bus accident caused no injuries or death, then hit and run is a misdemeanor. The punishment is up to:
- 6 months in jail and/or
- $1,000 in fines.9
Contact a Nevada criminal defense attorney if you are being investigated or charged with hit and run. There are ways to fight the charges, such as by arguing that you completed all your obligations, that you were not involved in the crash (or that you did not realize you were involved), or that you were too incapacitated to carry out your duties.
Frequently Asked Questions
How long do I have to file a bus accident lawsuit in Nevada?
In Nevada, the statute of limitations for most personal injury claims, including bus accident cases, is two years from the date of the accident. Different deadlines may apply in limited circumstances, so it is important to have your case reviewed promptly.
In my experience, people often underestimate how quickly evidence like surveillance footage and witness memories can disappear. I recommend speaking with an attorney as soon as possible so your rights can be protected.
Can I sue a government agency after a bus accident?
Yes. Nevada law generally allows injured people to bring personal injury claims against government entities, although special rules may apply when a public agency is involved.
I see many people mistakenly assume the government cannot be sued after a bus accident. There is such as a thing as government immunity, but it does not apply to all personal injury cases.
Who can be held liable for a bus accident?
Liability for a bus accident depends on the facts and may include the bus driver, the bus company, a government agency, another motorist, or another responsible party. More than one party may share responsibility for causing the accident.
Any PI attorney will tell you that bus accident cases often involve multiple insurance companies and complicated investigations. I work to identify every potentially responsible party so no source of compensation is overlooked.
What compensation can I recover after a bus accident?
A person injured in a Nevada bus accident may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other legally recognized damages. The amount of compensation depends on the specific facts of the case.
Understandably, people frequently focus on their immediate medical bills and overlook the long-term effects of their injuries. However, I encourage clients to consider how the accident may affect their health, work, and daily life in the future.
What if I was partially at fault for the bus accident?
Nevada follows a modified comparative negligence rule. An injured person may recover damages as long as they are not more than 50% at fault, although any recovery is reduced by their percentage of fault.
It should come as no surprise that insurance companies often try to shift more blame onto injured people than the evidence supports. I aim for my clients to be assigned as little blame as possible, if any.
Should I talk to the bus company’s insurance adjuster?
You are generally not required to give a recorded statement to the opposing insurance company before consulting an attorney. Anything you say to an insurance adjuster may later be used when evaluating your claim.
From what I have seen, many people do not realize how seemingly harmless statements can be taken out of context. I usually recommend understanding your legal rights before discussing the details of the accident with the other side’s insurer.
What evidence is important after a bus accident?
Evidence in a bus accident case may include photographs, surveillance video, maintenance records, witness statements, police reports, and medical records. Preserving evidence early can be important to proving liability and damages.
I know from experience that valuable evidence is often lost if no one requests it promptly. I move quickly to preserve records that may help strengthen a client’s claim.
Do I need a lawyer for a Nevada bus accident case?
Nevada law does not require you to hire an attorney to pursue a personal injury claim. However, bus accident cases often involve legal and factual issues that can be more complex than ordinary car accident claims.
Most cases I handle frequently involve commercial carriers or public entities with experienced legal teams. I help clients navigate the process and advocate for the compensation they may be entitled to seek.
Additional Resources
For more information, refer to the following:
- Safety Matters: The “So What” Behind Bus Safety Records – Info sheet by the Federal Motor Carrier Safety Administration (FMCSA).
- Passenger Carrier Safety Information – Regulatory information by the FMCSA.
- Large Truck and Bus Crash Facts – Statistics by FMCSA.
- School Bus Safety – Video by VegasPBS.
- School Bus Safety – Video by National Highway Traffic Safety Administration (NHTSA)
See our related articles on bus stop accidents, shuttle bus accidents, commercial vehicle accidents, pedestrian knockdowns, wrongful death and 10 critical steps to take after a Nevada car accident.
