Bus drivers carry a special commercial driver’s license that ensures they are trained to handle large vehicles. However, if you are a passenger and your bus driver has been drinking, you can be hurt badly in a catastrophic accident.
Both the driver and bus company may be liable for your injuries, and if the bus is part of the Mankato Transit System, a skilled bus wreck attorney from Maschka, Riedy, Ries & Frentz Law Firm can evaluate whether you may have an action against the government. After a drunk driving bus accident in Mankato, you need diligent representation, and our experienced attorneys can help to bring order from chaos.
Minnesota considers any driver with a blood alcohol concentration of 0.08 or higher to be legally drunk. Even if the BAC is lower a driver can still be charged with impaired driving, if the driver is acting impaired. However, commercial drivers cannot drive with a blood alcohol level of 0.04 or above. If the vehicle is a school bus, any alcohol in the driver’s system is illegal.
If a bus driver is ticketed for violating Minnesota’s drunk driving laws, the doctrine of negligence per se can be invaluable toward proving a case. Generally, a Mankato attorney must show the bus driver had a duty of care to act like a reasonable person, breached that duty by acting below an acceptable standard through drunk driving, and caused an accident that resulted in an injury. When the bus driver violates Minnesota Statute Section 169A.20, negligence per se automatically establishes that the elements of duty and breach are met because the person harmed belongs to the class of people meant to be protected.
The Federal Motor Carrier Safety Administration (FMCSA) requires private truck and bus companies to carry minimum liability insurance. Buses carrying more than 15 people must be insured for at least $5,000,000, and smaller buses transporting fewer than 15 passengers must be insured for a minimum of $1,500,000.
Although our Mankato attorneys can negotiate with insurers for drunk driving bus accidents, we are not afraid to fight them in court if a settlement offer is unacceptable. Our legal team members proudly call themselves neighbors, hailing from out-state small towns while able to provide an injured person with the level of expertise you would expect from a Twin Cities firm.
Although government entities are usually exempt from lawsuits, exceptions are carved out in the Minnesota Tort Claim Act that allows a person to sue if a bus driver employed by the city, county, or state is negligent, resulting in a severe injury. The government entity must receive notice of a potential claim within 180 days of the alleged loss, pursuant to Minn. Stat. 466.05. Because the rules for bringing a claim can differ between government and non-government defendants, it is crucial to seek help immediately.
Your pain and confusion after a drunk driving bus accident in Mankato is understandable. We offer compassionate guidance in navigating the system to help you get compensation for your injuries. We hold negligent parties responsible and work to ensure justice is served.
Our legal team is skilled in negotiation and we are not intimidated by big insurance companies. For small-town attention with big-city results, call our office for a free consultation.
