Written by Maurice Davis
If you are hurt while riding on a bus, shuttle, rideshare, or other passenger vehicle in Detroit, your claim is handled a little differently than a typical two-car crash. That is because many of these vehicles are considered “common carriers,” and the companies that run them have extra legal responsibilities to keep people safe.
At the same time, Michigan’s no-fault insurance system still applies, which can make things confusing. You might be wondering who can be held responsible for your crash, will your bills be taken care of, or how the state’s personal injury laws apply to your crash. With the right bus crash lawyer in Detroit, you can recover compensation for your damages.
What Is a “Common Carrier” in Simple Terms?
A “common carrier” is a person or business that transports people or goods for a fee and offers those services to the general public. Classic examples include buses, trains, airlines, and taxis.
In everyday Detroit life, common carriers can include:
- DDOT, SMART, and other city or regional buses
- School buses
- Private charter buses and tour buses
- Intercity bus lines, such as Greyhound or Indian Trails
- Airport shuttles and hotel shuttles that are open to the public
- Some taxis, limousines, and rideshare services, depending on how they are operating
A private company that only drives its own employees, or a one-off private charter with a special contract, may be treated differently under the law than a bus line that advertises to everyone.
In short: if a company is in the business of moving passengers for a fee and holds itself out to the public, there is a good chance it is a common carrier.
How Is a Common Carrier’s Duty Different From a Regular Driver’s?
Every Michigan driver must use “reasonable care,” meaning they have to act the way a reasonably careful driver would in the same situation. That is the normal negligence standard.
Michigan treats common carriers the same way in theory: they must use reasonable care, measured by what a reasonably careful carrier would do in the same circumstances.
In practice, that “reasonable care” bar is higher for carriers because:
- They regularly carry many passengers at once.
- The potential harm when something goes wrong is much greater.
- They are expected to have training, safety procedures, and maintenance programs.
So while the law still talks about “due care” or “reasonable care,” juries are allowed to decide that a reasonably careful bus company, for example, must take more precautions than an ordinary driver because the risks are greater.
That can work in your favor if you are hurt in a bus or passenger vehicle crash.
Michigan is a no-fault state. That means your own auto insurance usually pays your medical bills and wage loss first, through Personal Injury Protection (PIP) benefits, regardless of who caused the crash.
However, when you are injured by a common carrier, the claim can have several layers:
PIP/no-fault benefits
- If you own a vehicle and have Michigan auto insurance, your own policy usually pays PIP benefits first.
- If you do not have a policy, you may get PIP benefits through a family member’s policy or sometimes through an assigned claims plan
A liability claim or lawsuit against the at-fault partiesYou may be able to sue the bus company, driver, or other at-fault drivers for losses that go beyond what PIP covers, such as:
- Pain and suffering
- Excess medical bills and future care
- Excess lost income
- Other out-of-pocket losses
Common Ways Common Carrier Negligence Shows Up in Bus and Passenger Vehicle Cases
“Negligence” simply means someone did not act as carefully as they reasonably should have and that carelessness caused your injuries.
For common carriers, negligence can include things like:
Driving errors
- Speeding, tailgating, or running red lights
- Trying to beat a light or make an unsafe left turn
- Failing to yield to pedestrians or smaller vehicles
Distracted or impaired driving
- Texting behind the wheel
- Driving while drowsy, on drugs, or under the influence of alcohol
Poor training and supervision
- Putting drivers on the road without proper training
- Not enforcing hours-of-service limits or rest breaks
- Ignoring prior complaints about a driver’s unsafe behavior
Unsafe buses and vehicles
- Skipping required inspections and maintenance
- Worn brakes, bald tires, or steering problems
- Broken mirrors, lights, or signals
Boarding and exiting problems
- Pulling away before passengers are seated
- Failing to use ramps or lifts correctly
- Not watching for pedestrians near the bus doors
Failure to warn or protect
- Not warning passengers about sudden stops, icy steps, or broken handrails
- Poor lighting or security at bus stops, terminals, or parking areas
Under Michigan negligence law, a carrier can be liable if it owed you a duty of care, breached that duty, and that failure caused your injuries and damages.
Who Can Be Liable After a Detroit Bus or Passenger Vehicle Accident?
In many Detroit common carrier cases, more than one party shares the blame. Depending on the facts, you may have claims against:
- The driverFor careless driving, distracted driving, or driving while impaired.
- The bus or transportation companyFor failing to train drivers, putting unsafe vehicles on the road, ignoring safety rules, or pushing unrealistic schedules.
- A government agencyIf you were hurt on a city-run bus system or at a public transit facility, special notice rules and shorter deadlines may apply. These claims are very technical and should be handled by an attorney.
- A school district or private schoolIn school bus cases, the entity that operates or contracts for the buses can often be held responsible for driver negligence and safety failures.
- Maintenance or repair contractorsFor careless inspections or repairs that make a bus or shuttle unsafe.
- Other at-fault driversIf a negligent car or truck driver hits a bus, injuring you as a passenger, you may have claims against both the carrier and the other driver.
Figuring out “who is liable” is a big part of what your lawyer does in the first weeks of a serious case.
How Common Carrier Status Can Help (or Complicate) Your Injury Claim
Being hurt by a common carrier does not automatically mean you win. You still have to prove negligence and causation. But the common carrier context can affect your case in several important ways.
- More potential defendants and insurance coverageBus companies and other carriers often have higher insurance limits than individual drivers. That can be critical when injuries are serious or multiple people are hurt.
- A higher practical safety expectationCourts in Michigan measure carriers by what a reasonably prudent carrier would do, and recognize that passenger carriers often must use more diligence than ordinary drivers because the potential harm is greater.
Your case may involve:
- Driver qualification and training files
- Maintenance and inspection records
- Logbooks or electronic data recorders
- Internal safety policies and procedures
- Video from onboard cameras or depot surveillance
The carrier may argue that:
- A different driver or another company was to blame, or
- You were partially at fault for your own injuries (for example, by standing when you could have sat, or by stepping into traffic).
This is where Michigan’s comparative negligence rules come in.
Comparative Negligence: What If They Say You Were Partly At Fault?
“Comparative negligence” means a court can look at everyone’s share of fault and adjust your compensation based on your percentage of blame.
Under Michigan law, your damages are reduced by your percentage of fault. If your share of fault is greater than the combined fault of everyone else (more than 50 percent), you cannot recover any pain and suffering damages.
Put more simply:
- If you are 0–50 percent at fault, you can still recover money, but your award is reduced by your share of fault.
- If you are more than 50 percent at fault, you might still get some economic damages in certain situations, but you are generally barred from recovering noneconomic damages like pain and suffering.
Comparative negligence is a favorite argument for insurance companies. A common carrier and its insurer may try to blame your injuries on how you were standing, whether you were holding onto a rail, or how you stepped off the bus. Your attorney’s job is to push back with facts and evidence.
Key Evidence in a Detroit Common Carrier Case
Just like the firm’s car accident fault article explains, evidence is the backbone of your claim. In a bus or carrier case, useful evidence can include:
Photos and videos
- Vehicle damage, skid marks, and street layout
- Bus stop conditions, snow or ice, broken curbs, or poor lighting
- Visible injuries and torn clothing
Onboard and external camerasMany buses and shuttles now have cameras facing the road and inside the passenger cabin. These can show:
- How the driver was operating the vehicle
- Whether you were seated or standing
- How passengers were boarding or exiting
Witness statements
- Other passengers on the bus
- Pedestrians or drivers who saw the crash
- School staff or other workers if a school bus was involved
Company and maintenance records
- Inspection and repair logs
- Driver training and performance files
- Safety procedures and incident reports
Police reports and incident reports
- Crash diagrams and officer observations
- Any traffic citations issued
- Transit agency reports, if a city bus or public system is involved
Medical records and employment documents
- Hospital and doctor records linking the crash to your injuries
- Work records showing lost time and reduced earning capacity
Deadlines: How Long Do You Have To Bring a Claim?
Time limits are strict in Michigan, and common carrier cases can involve more than one deadline.
- General personal injury deadlineIn most Michigan personal injury cases, you have three years from the date of injury to file a lawsuit.
- Special rules for government entitiesIf your claim is against a public transit authority or other government body, you may have to give written notice very quickly, sometimes within a matter of months. Shorter deadlines and special procedures apply.
- No-fault/PIP deadlinesThere are also specific time limits for seeking and enforcing Michigan no-fault benefits. If you wait too long, you may lose your right to have medical bills or wage loss covered.
Because common carrier cases often involve both no-fault issues and liability claims, you should talk with an attorney as soon as possible after the incident so you do not miss an important deadline.
What To Do After You Are Hurt On or By a Bus or Passenger Vehicle
If you were injured as a passenger or struck by a common carrier vehicle in Detroit, here are some practical steps:
- Get medical care right awayEven if you feel “just sore,” get checked. Some serious injuries do not show up immediately.
- Report the incident by calling 911
- If it is a bus or shuttle, make sure the driver or company completes an incident report and that your name is included.
- Gather what you canIf you are able, or a friend can help: photos, videos, witness names, passenger names, etc.
- Try to get the bus number, company name, and any visible cameras to grab more evidence
- Avoid giving detailed statements to insurers without adviceCarrier insurers may call quickly and try to get you to minimize your injuries or accept partial blame. You can politely decline and say you want to talk to a lawyer first.
- Talk with a Detroit lawyer who understands both no-fault and common carrier lawThese cases are different from a simple fender-bender. There may be extra insurance policies, government notice rules, and complex fault arguments that a lawyer can sort out for you.
Davis Injury Lawyers Can Help After a Detroit Bus or Passenger Vehicle Accident
If you or a loved one was hurt on a bus, shuttle, or other passenger vehicle in Detroit, you do not have to figure out common carrier rules on your own. An experienced Detroit injury lawyer can:
- Investigate the crash and secure video, maintenance records, and witness statements
- Identify all potentially liable parties and insurance policies
- Coordinate your Michigan no-fault benefits
- Calculate your full damages, including future care and lost earning capacity
- Push back when the carrier or its insurer tries to blame you
The Detroit bus and motor vehicle accident attorneys at Davis Injury Lawyers are ready to review your situation and explain your options.
Schedule your free initial consultation by calling 313-462-7979 or using our online form to get started.