Who Is Liable for a Bus Accident in Illinois?

 Posted on March 27, 2025 in Personal Injury

Last summer, a Greyhound bus crashed on I-70 in Highland, IL, killing three passengers and injuring more than a dozen others. The crash happened when the bus collided with three semi-trucks parked on the shoulder of an exit ramp near the Silver Lake rest area. In interviews done with passengers following the crash, one passenger claimed the bus driver repeatedly "drove in the middle of the road between the two lanes" and "kept hitting rumble strips on the shoulder side."

Another passenger claimed the bus driver seemed to make no attempt to correct the bus's course before it hit the parked semi-trucks. It was later determined that the Greyhound bus driver had four prior collisions on his record, two of them classified as "preventable." In one of the crash reports from a preventable accident, the driver was deemed "fatigued" and "driving at an unsafe speed for current traffic conditions." Despite this, the driver received no citations.

While traveling by bus is generally considered one of the safer modes of travel, in this instance, it seems like critical issues with the driver were overlooked, creating a personal injury accident. If you are injured in a bus accident, who is liable? The best way to answer this question is to speak to a knowledgeable Plainfield, IL personal injury attorney.  

Who Gets Sued When Negligence is Involved in a Bus Collision?

Bus companies and their drivers are known as Common Carriers, which means they have a greater responsibility to passengers than a typical driver. While all drivers must exhibit a reasonable degree of care, bus drivers are charged with the "highest degree of care." The Common Carrier Doctrine allows others, besides the driver of the bus, to be held liable for the accident and resulting injuries.

The bus company, the bus owner, or the maintenance company may all be held partially or wholly liable. Victims of a bus accident face a more complex procedure than those involved in a "normal" two-car collision. There are many different types of buses on the roadways, including:

• Privately-owned buses
• Shuttle buses
• Public transit buses
• Private charter buses
• Tour buses
• School buses

In the situation detailed above, the Greyhound Bus Company (a privately owned company) would be at least partially – and possibly wholly – responsible for the deaths and injuries. This is because the company allowed a driver who had been involved in four other crashes to continue driving.

A school district would be liable (or share liability if the driver was clearly negligent) for injuries sustained from a school bus accident. A municipality would face liability for injuries from a city public transit bus accident. Even when bus drivers are at fault, they would rarely, if ever, have sufficient insurance to cover lawsuits.

What if a Government Entity is Involved?

City transit buses are owned by the municipality, which is responsible for training and screening drivers and maintaining its fleet of vehicles. The Chicago Transit Authority operates the nation’s second-largest public transportation system, and 96 out of the 102 Illinois counties offer some level of public transit service. The claim process is a bit more complicated when a bus is government-owned.

When notice is filed with the Attorney General and the Clerk of the Court of Claims within one year of the injury date, victims have two years from the date of the collision to file a claim for damages. If no notice is filed, then victims have only one year from the date the accident occurred to file a claim.  

Contact a Will County, IL Personal Injury Lawyer

As with any accident, those injured in a bus crash should immediately seek medical attention. While all injuries should be diagnosed and treated quickly, this also provides documentation for the claim process and compensation for medical expenses, lost wages, and pain and suffering.

Having a highly skilled Plainfield, IL personal injury lawyer from Flaherty Law, LLC aggressively defending your rights is always the best course of action. Attorney Flaherty began his career in insurance defense litigation, representing individuals in personal injury and property damage matters. Call 815-577-7500 to schedule your free consultation.