Great Falls & MontanaBus & Rideshare
Great Falls & Montana Bus Accident Lawyers: School Bus, Transit Bus, Charter Bus, Uber and Lyft Crashes
Boland Aarab PLLP.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
If you were hurt in a bus or rideshare crash in Montana, as a passenger, another driver or a pedestrian, you can usually recover from the driver and the company or public body behind it. Who that is decides the rules: school districts and transit systems follow government claim rules, charter buses follow federal safety rules, and Uber and Lyft follow Montana’s rideshare insurance statute.
Key Takeaways
- Claims against a school district, city or other political subdivision must be presented to its clerk or secretary (§ 2-9-301, MCA), and damages are capped at $750,000 per claim and $1.5 million per occurrence (§ 2-9-108, MCA).
- Interstate for-hire passenger carriers must carry at least $5 million in financial responsibility for vehicles seating 16 or more, and $1.5 million for 15 or fewer (49 C.F.R. § 387.33).
- Montana’s rideshare law requires $1,000,000 in primary coverage during a prearranged ride, and $50,000/$100,000/$25,000 while the driver is logged on and waiting (§ 69-12-343, MCA).
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA).
On this page: Who is responsible · School buses · Transit · Charter and tour buses · Uber and Lyft · What to do · Damages and deadlines · Why Boland Aarab · FAQ
Hurt on a bus, by a bus, or in an Uber or Lyft? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Who is responsible for a bus crash?
Usually the driver and the organization that employs or contracts with the driver, and sometimes others whose negligence contributed.
Bus and rideshare cases often involve more than one defendant:
- The driver, for distraction, fatigue, speeding, impairment or unsafe turns and stops.
- The operator: a school district, a transit system, a charter company or a private contractor that runs routes for a district.
- The rideshare company and its insurer, depending on what the driver was doing in the app.
- Maintenance and repair companies, for brakes, tires, lifts and doors.
- Manufacturers, for defective vehicles, seats, wheelchair securement or doors.
- Other drivers, including those who pass a stopped school bus.
- Road owners, for dangerous road conditions or missing signs.
Identifying each one early matters, because each may carry different insurance and follow different notice rules.
What rules apply to a school bus crash?
School bus crashes often involve a school district, which is a governmental entity with special claim rules and damages caps.
Presenting the claim. Montana’s Tort Claims Act defines a “political subdivision” to include a school district (§ 2-9-101(5), MCA). Claims against a political subdivision “shall be presented to and filed with the clerk or secretary of the political subdivision” (§ 2-9-301(3)). Claims against the State itself must be presented in writing to the Department of Administration, which has 120 days to act before suit may be filed (§ 2-9-301(1)-(2)).
Damages caps. The State and its political subdivisions are not liable in tort for more than $750,000 for each claim and $1.5 million for each occurrence (§ 2-9-108(1), MCA). All claims arising from one person’s injury or death count as one claim (§ 2-9-101(1)). In a crash with many injured children, the per-occurrence cap can matter a great deal.
No punitive damages. Governmental entities are immune from punitive damages (§ 2-9-105, MCA).
Private contractors. Some districts contract with private companies to run their buses. The Tort Claims Act says an independent contractor under contract to a governmental entity is not an “employee” of that entity (§ 2-9-101(2)(b)). When a private company runs the route, it and its insurer may be responsible, and the analysis of caps and immunities can be different. We find out who owned the bus, who employed the driver and what the contract says.
Other drivers. Montana law requires drivers approaching a stopped school bus with flashing red lights, from either direction, to stop about 30 feet away and wait until the lights stop, and forbids passing a stopped school bus on the right (§ 61-8-351, MCA). A driver who hits a child crossing to or from a bus may be the primary defendant.
When a child is hurt, the family has claims of its own, including medical expenses the parents pay. We handle these cases with care for the child and attention to the long-term medical picture.
What about city transit buses?
Public transit systems are generally governmental entities, so the same presentation rules, caps and punitive-damages immunity usually apply.
Transit injuries include collisions with other vehicles, passengers thrown when a bus brakes or turns suddenly, falls while boarding or leaving, wheelchair and lift failures, and pedestrians struck at stops and crosswalks. Video from on-board cameras is often the most important evidence, and public entities keep it only for limited periods. We send preservation requests immediately.
What rules apply to charter and tour buses?
Charter, tour and intercity buses are commercial passenger carriers, and those operating in interstate commerce must follow Federal Motor Carrier Safety Administration rules.
Montana sees charter and tour traffic year-round: sports teams and school trips, casino and event buses, and summer tours to Glacier and Yellowstone. Federal rules that often matter include:
- Insurance. For-hire passenger carriers must carry at least $5,000,000 in financial responsibility for vehicles seating 16 or more passengers, including the driver, and $1,500,000 for vehicles seating 15 or fewer (49 C.F.R. § 387.33).
- Hours of service. A passenger-carrying driver may not drive more than 10 hours after 8 consecutive hours off duty, may not drive after being on duty 15 hours, and is subject to 60-hour and 70-hour weekly limits (49 C.F.R. § 395.5).
- Records. Electronic logs, maintenance records, driver qualification files, drug and alcohol testing records and dispatch records can show whether the carrier followed the rules.
Montana’s mountain passes, winter roads and long stretches of two-lane highway raise the stakes of driver fatigue and poor maintenance. We move quickly to preserve the bus’s electronic data, its video and the company’s records.
Who pays after an Uber or Lyft crash in Montana?
It depends on what the rideshare driver was doing in the app at the moment of the crash. Montana calls Uber and Lyft “transportation network carriers” and regulates them under Title 69, chapter 12, part 3 of the Montana Code.
Montana’s rideshare statute was enacted in 2015 (Ch. 456, L. 2015) and requires primary insurance on the driver’s personal vehicle (§ 69-12-343, MCA):
| What the driver was doing | Minimum coverage under § 69-12-343 |
|---|
| App off | The rideshare statute does not apply; the driver’s personal auto policy governs |
| Logged on and available, no ride accepted | Primary liability of $50,000 per person and $100,000 per incident for death and bodily injury, $25,000 for property damage, and uninsured motorist coverage when required by § 33-23-201 |
| Engaged in a prearranged ride | Primary liability of at least $1,000,000 for death, bodily injury and property damage, and uninsured motorist coverage when required by § 33-23-201 |
The coverage may come from the driver’s policy, the company’s policy or a combination. If the driver’s insurance has lapsed or does not provide the required limits, the company’s insurance must provide the coverage “beginning with the first dollar of a claim” and defend the claim (§ 69-12-343(4)). Rideshare services are governed exclusively by state law and Public Service Commission rules, and local governments may not add their own requirements (§ 69-12-342, MCA).
If you were a rideshare passenger, the $1,000,000 tier usually applies. If you were in another car or on foot, the tier depends on the rideshare driver’s app status, which the company’s records will show. If an uninsured or hit-and-run driver caused the crash, your own uninsured and underinsured motorist coverage may also apply.
Rideshare insurers often dispute app status and fault. We demand the trip and app data early, before it becomes harder to get.
What should you do after a bus or rideshare crash?
- Get medical care, and tell providers you were in a bus or vehicle crash.
- Call police and get the report number.
- Take photos of the vehicles, the scene, your injuries and the bus number or rideshare vehicle plate.
- Screenshot the app: the trip, the driver’s name, the vehicle and the time.
- Get witness names, including other passengers.
- Report the claim in writing where required, especially to a school district or public body.
- Do not give a recorded statement to an insurer before talking with a lawyer.
- Call a lawyer early. Bus video and electronic data can be overwritten.
What can you recover, and how long do you have?
Montana law allows recovery for medical care now and in the future, lost earnings and earning capacity, pain and suffering, and loss of the established course of life. When a crash takes a life, the family may bring wrongful death and survival claims (§ 27-1-513, § 27-1-501, MCA). Your recovery is reduced by any share of fault assigned to you, and barred only if your share is greater than the combined fault of the others (§ 27-1-702, MCA).
Deadlines:
- 3 years for most injury and wrongful-death claims (§ 27-2-204, MCA).
- Claims against the State must be presented to the Department of Administration first; presentation tolls the limitations period for 120 days (§ 2-9-301(2)).
- Claims against a school district, city or transit district must be presented to its clerk or secretary (§ 2-9-301(3)). Present them early.
The Boland Aarab Way
We are trial lawyers, and we prepare every serious case as if it will be tried and then appealed. Bus and rideshare cases, with their corporate and governmental defendants, reward that preparation.
- We hold public bodies accountable. We obtained a $115,000 net jury verdict in a municipal negligence case in Meagher County (Jack v. City of White Sulphur Springs).
- We protect verdicts. In a rear-end crash case, the Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results.
- We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do we handle bus and rideshare accident cases?
Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle bus, school bus and rideshare crash cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle car accident and truck accident cases.
Where do we handle bus and rideshare accident cases?
We are based at 18 6th Street North, Suite 200, in Great Falls, and handle bus and rideshare accident cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings bus and rideshare accident lawyers, Missoula bus and rideshare accident lawyers, Helena bus and rideshare accident lawyers, Bozeman bus and rideshare accident lawyers, Butte bus and rideshare accident lawyers, Kalispell bus and rideshare accident lawyers and Havre bus and rideshare accident lawyers.
Frequently Asked Questions
Can I sue a school district after a school bus accident in Montana? Yes. The claim must be presented to the district’s clerk or secretary (§ 2-9-301(3), MCA), damages are capped at $750,000 per claim and $1.5 million per occurrence (§ 2-9-108), and punitive damages are not available against the district (§ 2-9-105).
What if a private company runs the school bus route? Then the company and its insurer may be responsible. An independent contractor is not a government “employee” under the Tort Claims Act (§ 2-9-101(2)(b), MCA), which can change who pays and how the caps apply.
How much insurance does an Uber or Lyft driver have in Montana? During a prearranged ride, at least $1,000,000 in primary coverage. While logged on and waiting for a request, at least $50,000 per person, $100,000 per incident and $25,000 for property damage (§ 69-12-343, MCA).
What if the rideshare driver’s app was off? Then Montana’s rideshare insurance requirements do not apply, and the driver’s personal auto policy is usually the main coverage. Your own underinsured motorist coverage may help.
How much insurance must a charter bus company carry? An interstate for-hire passenger carrier must carry at least $5 million for vehicles seating 16 or more, and $1.5 million for 15 or fewer (49 C.F.R. § 387.33).
I was hurt when the bus stopped suddenly, with no crash. Do I have a claim? Possibly. Passengers thrown by a sudden stop, turn or acceleration, or hurt boarding or leaving, may have a claim if the driver or operator was careless.
Who is liable when a driver passes a stopped school bus and hits a child? Usually the passing driver. Montana requires drivers from both directions to stop about 30 feet from a school bus with flashing red lights (§ 61-8-351, MCA).
How long do I have to file a bus accident claim? Generally 3 years (§ 27-2-204, MCA), but claims against public entities must first be presented under § 2-9-301. Start early.
Talk to a Great Falls Bus Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Sources: § 2-9-101, MCA · § 2-9-105, MCA · § 2-9-108, MCA · § 2-9-301, MCA · § 61-8-351, MCA · § 69-12-342, MCA · § 69-12-343, MCA · § 27-1-702, MCA · § 27-2-204, MCA · 49 C.F.R. § 387.33 · 49 C.F.R. § 395.5
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
