How to File a Bus Accident Claim in Illinois

If you’ve been injured in a bus accident in Illinois, whether as a passenger, pedestrian, cyclist, or occupant of another vehicle, you may have the right to pursue compensation. Bus accident claims are often more complex than standard car accidents because they may involve government entities, commercial bus operators, or public transit systems. At John J. Malm & Associates, our experienced team of Chicago personal injury attorneys understands the unique legal and procedural challenges of these cases. Here’s what you need to know about filing a bus accident claim in Illinois.

Common Causes of Bus Accidents

Bus accidents may result from a wide range of causes, many of which involve negligence:

Driver error (e.g., distracted or fatigued driving)
Inadequate driver training
Poor vehicle maintenance
Defective parts or equipment
Hazardous road conditions
Negligence of another motorist

According to the Federal Motor Carrier Safety Administration (FMCSA), large buses were involved in over 13,500 injury crashes nationwide in 2021, including more than 200 fatalities involving school buses alone.

Who Can Be Held Liable for a Bus Accident in Illinois?

Liability in a bus accident depends on the specific circumstances of the crash. In Illinois, the following parties may be held liable:

Bus Driver: If the driver was negligent, by speeding, texting, or running a red light, for example, they may be personally liable.
Bus Company: The employer may be liable under the principle of respondeat superior if the driver was acting within the scope of employment.
Government Entities: Government bus caused the crash, the claim may need to be filed in the Illinois Court of Claims.
Vehicle Manufacturers or Maintenance Contractors: In cases involving mechanical failures or poor maintenance.
Other Drivers: Sometimes, a third-party driver causes or contributes to the crash.

Steps to Take After a Bus Accident in Illinois

The actions you take immediately following a bus accident can significantly affect your claim:

Seek Medical Attention: Your health is the top priority. Even if you feel okay, some injuries may take time to show symptoms.
Report the Accident: Make sure the police or bus operator files an official accident report. For public transportation accidents, file a complaint with the agency (e.g., CTA or PACE).
Gather Evidence

Take photos of the scene, vehicles, and visible injuries
Get names and contact information of witnesses
Obtain bus number, route, driver name, and license plate

Preserve Documentation

Keep copies of your medical bills and records
Save correspondence from insurance companies or government agencies

Contact a Personal Injury Attorney: Illinois bus accident claims can involve strict notice deadlines and unique legal procedures. An experienced Chicago bus accident attorney can guide you through the process and protect your rights.

How Do I File a Bus Accident Claim in Illinois?

Filing a claim depends on who owns and operates the bus. In general, you must prove:

The defendant owed you a duty of care
They breached that duty
The breach caused your injuries
You suffered damages

Here’s how it works in different situations:

Filing Against a Private Bus Company

If the bus was operated by a private carrier (such as Greyhound or Megabus), you may file a personal injury claim or lawsuit against:

The bus driver
The company itself
Their insurance carrier

Statute of Limitations: You generally have two years from the date of the accident to file a personal injury lawsuit.

Filing Against a Public Transit Agency (e.g., CTA, PACE)

If a government agency is involved, you must comply with the Tort Immunity Act (745 ILCS 10/). This may require:

Giving notice within 1 year
Filing in the Illinois Court of Claims (for state-owned buses)

Failure to follow the procedural requirements can result in your claim being dismissed, even if it’s otherwise valid.

Filing for a School Bus Accident

If your child was injured in a school bus crash, you may need to file a claim against the school district or its insurer. This may also fall under the Tort Immunity Act.

What Damages Can You Recover After a Bus Accident?

Victims of bus accidents in Illinois may be entitled to compensation for:

Medical bills (past and future)
Lost income or earning capacity
Pain and suffering
Emotional distress
Disability or disfigurement

In fatal accidents, surviving family members may file a wrongful death claim under the Illinois Wrongful Death Act (740 ILCS 180/).

Challenges in Bus Accident Claims

Bus accidents often involve complicated legal and procedural hurdles:

Government immunity: Public agencies are protected by various immunities and notice requirements
Multiple defendants: More than one party may be at fault
Insurance issues: Bus operators often have large insurance policies, but insurers may deny or delay valid claims
Evidence collection: Security footage or vehicle maintenance records may be controlled by the bus company

These obstacles make it especially important to work with a law firm that has experience handling Illinois bus accident cases.

Frequently Asked Questions about Bus Accident Lawsuits

How long do I have to file a claim?

Private buses: 2 years from the date of the accident
Public buses (e.g., CTA or school bus): Notice must often be given within 1 year; lawsuit may need to be filed in less than 2 years depending on the entity

Can I file a claim if I was a pedestrian or cyclist hit by a bus?

Yes. You can file a claim just like any other injured victim. Your status as a non-passenger does not prevent you from recovering damages.

What if my child was injured on a school bus?

You may be able to file a claim on behalf of your child. These cases may involve both the school district and a private transportation contractor.

Contact Our Chicago Bus Accident Attorneys Today

Bus accident claims are rarely straightforward. Whether you were injured on a city bus, school bus, or private charter, your recovery depends on following the right procedures and identifying the responsible parties. At John J. Malm & Associates, we have the experience, resources, and legal knowledge needed to handle complex bus crash cases throughout Illinois. Don’t navigate this process alone.