Indiana bus accident lawyer: IndyGo, school bus, charter and Greyhound crashes

Poynter & Bucheri, LLC represents passengers, drivers, pedestrians and cyclists hurt in bus crashes throughout Indiana. If a public bus (IndyGo, a city transit system or a school bus) was involved, Indiana’s Tort Claims Act requires written notice within 180 days for a local government or 270 days for the State (IC 34-13-3). Private charter and intercity bus claims generally have a two-year deadline.

What kinds of bus crashes do we handle?

• City transit buses, such as IndyGo in Indianapolis (including Red, Purple and Blue Line rapid-transit buses) and other Indiana city bus systems.
• School buses run by a public school corporation, a charter school or a private contractor.
• Charter and tour buses, including church, team and party buses.
• Intercity buses such as Greyhound and other long-distance carriers on I-65, I-70, I-69 and I-74.
• Shuttles run by hotels, airports, hospitals, universities and employers.

We help bus passengers, people in other cars, and pedestrians and bicyclists hit by a bus.

Who can be liable for a bus accident in Indiana?

Depending on the facts, responsibility can fall on:

• the bus driver (speeding, distraction, fatigue, unsafe lane changes or turns);
• the bus operator: the transit agency, school corporation, contractor or bus company that employs the driver and maintains the bus;
• a maintenance contractor or manufacturer if brakes, tires, doors or other parts failed;
• a government unit responsible for a dangerous road or signal; and
• other drivers who caused or contributed to the crash.

Indiana’s comparative fault law lets a defendant blame others, so finding every responsible party early matters.

What safety rules do bus companies follow?

Bus companies that carry passengers between states must follow federal safety rules. These cover driver qualifications, hours of service, inspections and repairs (49 CFR Parts 390–396). Driver logs, inspection records and onboard video can be key evidence.

What if the bus belongs to IndyGo, a city or a school?

Claims against a government entity are governed by the Indiana Tort Claims Act (IC 34-13-3). A school corporation, a city, a town, a county and a separate municipal corporation are all “political subdivisions” under IC 34-6-2.1-155, and charter schools are covered too (IC 34-6-2.1-77). IndyGo is the Indianapolis Public Transportation Corporation. By law, a public transportation corporation is a separate municipal corporation (IC 36-9-4-12), so it is a political subdivision. Key rules:

• Notice deadline: written notice must be filed within 180 days after the loss for a political subdivision (IC 34-13-3-8) or 270 days for the State or a state agency (IC 34-13-3-6). Missing it can bar the claim.
• What the notice must say: a short, plain statement of the facts. Include how the loss happened, how big it is, the time and place, and the people involved. Also list the amount of damages you seek and where you live (IC 34-13-3-10). It must be in writing and delivered in person or by registered or certified mail (IC 34-13-3-12).
• Waiting period: the government has 90 days to approve or deny the claim; you generally cannot sue until it is denied (IC 34-13-3-11, -13).
• Limits: for claims that arose on or after January 1, 2008, government liability is capped at $700,000 per person and $5,000,000 per occurrence. Punitive damages are not allowed (IC 34-13-3-4).

If you were incapacitated and could not give notice, a separate 180-day rule applies after the incapacity ends (IC 34-13-3-9).

What if it was a private charter, tour or Greyhound bus?

Claims against a private bus company are generally ordinary negligence claims with a two-year deadline to sue (IC 34-11-2-4), or two years for wrongful death (IC 34-23-1-1). Interstate passenger carriers must carry federally required liability insurance, at least $5,000,000 for a bus that seats 16 or more, and $1,500,000 for smaller vehicles (49 CFR 387.33T). That is far more than a car’s policy.

What about school bus crashes involving children?

The 180-day notice rule applies to a public school corporation. Indiana gives extra time if a person is incapacitated and cannot give notice (IC 34-13-3-9). Do not count on that for a child. Give notice within 180 days to be safe. If a private contractor ran the bus, there may be claims against both the contractor and the school. Parents should keep the bus number, route and time and ask the school for the incident report.

What should I do after a bus accident?

1. Call 911 and get medical care. Tell responders if you were standing or thrown from a seat.
2. Write down the bus number, route, company or agency name, and the driver’s name if you can.
3. Take photos of the scene, the bus, your injuries and any seat or step that failed.
4. Get names and phone numbers of other passengers and witnesses.
5. Get the crash report. How to get your Indiana crash report.
6. Ask a lawyer to request onboard video quickly. Transit and school buses often record, and footage may be overwritten.
7. Mark your calendar: 180 days (local government) or 270 days (State) for written notice.
8. Do not sign a release or give a recorded statement before talking with a lawyer.

When should I call Poynter & Bucheri?

Call as soon as you can, especially if a public bus or school bus was involved, because the notice clock starts on the day of the crash. Poynter & Bucheri is an Indianapolis law firm that has helped Indiana accident victims since 1996. Free consultations; se habla español. Call (317) 780-8000.

General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.