Can I Get Compensation for a Bus Accident as a Passenger in Illinois?

 Posted on May 19, 2025 in Bus/Train Accidents

Seeking compensation for injuries incurred in a bus accident is similar to a car accident claim in many ways. It follows the same at-fault system, but proving liability is often more complex in a bus accident case. For example, whether the bus was privately owned or government-owned makes a difference. If you need to know more about seeking compensation for injuries and other losses associated with a bus accident, a Chicago, IL bus accident attorney can explain the laws that apply to these cases and how they might affect your claim.

Who Is Liable for Damages in an Illinois Bus Accident?

When a bus accident involves another automobile, the bus driver or the driver of the other vehicle is typically at fault. When the other driver is at fault, injured passengers can file a claim against them. To collect compensation for damages, you have to prove the other driver’s negligence. 

First, you need to show that they owed a reasonable degree of care, meaning they had a responsibility to drive safely and abide by traffic laws. Then, you have to show that they did not uphold that duty, failing to drive with a reasonable degree of safety. Finally, you must prove that their breach of duty caused the bus accident that resulted in your injuries and damages.

What if the Bus Driver Is At Fault for a Bus Accident?

If the bus driver caused the accident, proving negligence is similar, but easier. Bus drivers are known as "common carriers" in Illinois, meaning their duty to passengers is to use the highest degree of care. Because the standard is higher for them, proving that they breached their duty of care is easier. 

Is a Bus Driver Still Liable for Damages in Illinois if the Bus Is Government-Owned?

When the bus is privately owned, like a Coach or Greyhound, you can sue the bus driver or company for damages, depending on the circumstances. According to Illinois law, you have two years from the date of the accident to file. If the bus is government-owned, like CTA or a school bus, the process is more complex. You would need to file a notice with the Clerk of the Court of Claims and the Attorney General within a year from the date of your accident or file a lawsuit with the Court of Claims within the same time frame. 

What Damages Can You Recover From an Illinois Bus Accident Case?

The recoverable damages from a bus accident case are the same as those in most personal injury claims. You can claim economic losses, such as the cost of medical expenses, lost income, property damage, and other related out-of-pocket costs. You may also be able to seek payment for non-monetary losses, like pain and suffering, emotional distress, and loss of enjoyment of life. Talk to your attorney about the specific damages you can claim in your case.

Schedule a Free Consultation with a Chicago, IL Bus Accident Attorney

If you suffered injuries in a bus accident caused by a negligent driver, you have the right to seek compensation for your losses. An experienced Chicago, IL personal injury lawyer will walk you through the legal process and protect your rights. The losses in these cases can be substantial, and a legal representative at Winters Salzetta O'Brien & Richardson, LLC will ensure you identify every loss you can recover. Call 312-236-6324 to schedule a free consultation with a knowledgeable attorney.