What do victims need to do to hold a bus driver liable?
Georgia law considers bus drivers “common carriers” and requires them to uphold a standard of "extraordinary diligence." O.C.G.A. § 46-9-1 provides that the presumption of the law is against them in the case of loss.
This does not excuse an injured party from having to prove that the fault was due to the negligence of the driver, but rather, simply holds the driver (and carrier) to a higher standard of care.
Drivers engaged in any of the following acts fail to meet this increased duty.
- Speeding
- Driving while impaired
- Driving while fatigued
- Distracted driving
- Failing to follow posted traffic signs
- Failing to stop
- Following too close
Essentially, any operation of a common carrier vehicle that puts passengers or third parties at risk is a violation of the standard of care owed to them.
Bringing a Claim against the City
As described above, the City of Atlanta operates MARTA; therefore, to bring a claim against MARTA is to bring a claim against the city. To bring a claim against the City of Atlanta, victims must satisfy certain requirements. Claims against the government are complicated and have very strict time limits. A lawyer can help.
