Buses can cause a lot of damage in the event of an accident, and this is not to mention the emotional toll that such an accident can take on the victims. These accidents are usually more damaging because buses are larger, more complex, and filled with passengers than cars.
From a public transit bus to a school bus to a charter bus, the consequences of such an accident can leave victims and their families struggling with medical expenses, loss of wages, and pain and suffering. You should be well informed of the procedures that can be followed to get compensation in bus accident lawsuits.
A bus accident lawsuit enables you to sue those responsible for the accident and claim damages. To be safe, especially in such incidents, it is essential to be aware of the legal options you might have in place as a passenger, a pedestrian, or even the driver of another car involved in the accident.
If you have been involved in a bus accident that led to the death of your loved one or you were severely injured, you require the best lawyer. A good and competent personal injury lawyer will assist you in getting the best compensation that you are supposed to obtain and also defend your legal rights.
The Meaning of Common Carriers
Buses are legal entities that are considered common carriers. A common carrier is any business transporting commodities and individuals for a fee. Operating a common carrier like a bus requires higher care when providing transportation services to the passengers.
Whether the bus companies are government-owned or privately owned, they are legally responsible for ensuring that the buses used are adequately maintained and the operators are trained to avoid accidents.
This higher duty of care in California is based on Civil Code Section 2100, which requires common carriers to exercise the utmost care and diligence in handling passengers. This is because any form of negligence to provide this standard of care may lead to the bus company, driver, or any other parties associated with the same being held responsible for the injuries that the occupants of the bus may suffer in the event of an accident.
Common Injuries that You Could Sustain During a Bus Accident
The impact of bus accidents can cause various injuries, most of which are severe since buses are heavy and may not have safety measures like seat belts, as seen with most buses. The severity of a bus accident depends on factors such as the speed limit at which the accident occurred, the type of bus involved, and whether the passengers were standing or sitting at the time of the accident. Some of the most common injuries include:
Whiplash and Neck Injuries
When a bus stops suddenly or is involved in an accident, passengers are likely to have their necks jerked backwards, causing whiplash, among other injuries. The force can cause chronic pain and discomfort in the neck muscles and ligaments.
Head Injuries
It is possible to hit windows, seats, or even the floor of the bus, and this could lead to traumatic brain injury (TBI), concussion, and other head injuries. Fractures of the head are particularly dangerous since you may not feel the consequences of the trauma in the first days or weeks after the injury, but this can affect your intelligence.
Spinal Cord Injuries
The impact of a bus accident can lead to injury to the spinal cord, which could lead to paralysis or other complications in mobility. It is also important to note that even slight spinal damage can lead to severe complications, and you could have to spend your life under a doctor’s care and attend regular physiotherapy sessions.
Broken Bones
Injuries to the bones, such as in the arms and legs, the ribs, and the pelvis, are likely to occur in bus accidents. You may also be ejected from your seat and crash either into the car’s interiors or other passengers, resulting in bone fractures that will need surgical operations.
Internal Injuries
The impact of a bus accident may result in internal injuries and injuries to internal organs like the lungs, liver, or spleen. Such injuries are severe and may lead to death or may lead to you needing the attention of a medical practitioner.
Parties Liable in a Bus Accident
Assigning blame for a bus-related accident can be challenging to establish because different entities may have contributed to the mishap. Any parties involved in operating, maintaining, or managing the bus may be held partly or wholly responsible for the occurrence. Some of the potential parties that may be held liable for damages in a bus accident case include the following:
Service and Maintenance Company
Maintenance of buses is essential to enhance your safety and that of other passengers. If the bus company or service company has not maintained the bus well and, as a result, it develops mechanical problems like brakes or the engine seizing to function, the bus company or service company is responsible for any mishap that may occur. In California, commercial vehicles are to be inspected and serviced to ensure they do not break down or malfunction on the roads.
Bus Company
There is a legal requirement for bus companies to make sure that their drivers are well-trained and their buses are roadworthy. If a bus company does not follow the law, does not ensure that the drivers are well trained, or has a vehicle unsafe to use on the roads, they will be to blame for the accident and will have to pay your personal injury claim. This is especially the case where the company may have decided to compromise on the maintenance of their vehicles or the qualification of drivers to save costs.
Other Motorists on the Road
Sometimes, another motorist's negligence on the road could be the leading cause of the accident. If another driver fails to obey traffic rules or acts negligently and causes the bus to have an accident, then that driver is legally responsible. In California, you can seek recovery for your personal injuries from negligent third-party drivers in such circumstances.
Bus Driver
Bus drivers are responsible for ensuring that they drive their vehicles safely and according to the laws of the road. If the bus driver was negligent in operating the car and drove recklessly, distractedly, or under the influence of drugs or alcohol. In that case, the driver can be personally responsible for the accident.
The bus company will also be partially at fault for the driver’s behavior if it does not ensure compliance with company policies or conduct a proper background check on the driver.
Tour Bus Driver
Tour buses are mostly used to convey many passengers over long distances. The tour bus operator is legally responsible for an accident if it was caused by negligence, such as overloading the bus, failure to adhere to safety measures, or employing an inexperienced driver. To protect their clients, tour operators should adhere to specific safety standards like other bus operators.
A Governmental Body
Government bodies like municipal transit authorities may share the blame whenever public transit buses are involved in accidents. Filing a claim against a government entity is more rigorous due to the strict notice provisions and the shorter time required to file a lawsuit against a public entity, referred to as the statute of limitations.
School Board
The school board or the district providing the bus service might be held responsible in case of school bus accidents. School boards are responsible for ensuring that the buses are well maintained, that the drivers are qualified, and that they have undergone the necessary training to take care of the students. Any failure in these responsibilities may attract liability in case of an accident.
Damages that Can Be Recovered in Your Bus Collision Claim
If you have been involved in a bus accident, the damages you can recover typically fall into economic and non-economic damages. Knowing what you may be entitled to can go a long way toward determining the worth of your personal injury case and how you should proceed.
Economic Damages
Economic losses are tangible monetary losses that you sustain from the accident. These damages are meant to compensate for actual losses you incurred and are usually easier to calculate than the non-economic ones. They include medical expenses, lost wages, future earnings, and personal property that has been damaged.
Non-Economic Damages
Non-economic damages are more challenging to measure, as they consist of losses unrelated to money that can still significantly affect your life experience. Victims are compensated for their pain, suffering, and mental anguish through these damages. These damages include loss of enjoyment of life, emotional distress, pain, and suffering.
Punitive Damages
In rare cases, a court may award punitive damages if the bus company or driver intentionally acted with extreme negligence. Such suits are twofold: they are meant to penalize the wrongdoer and prevent a similar event from happening. Although they are not always available, punitive damages can significantly boost the value of your claim.
Statute of Limitations
In California, there is a time limit to sue for a bus accident. This is called the statute of limitations, and missing out on this timing can keep you from ever seeking the compensation that your case may rightfully deserve.
Default Statute of Limitations for Bus Accidents
California's general statute of limitations for all personal injury cases, including bus accidents, is two years from the accident date. For instance, you only have two years from the day of the crash to sue any at-fault party (bus driver, bus company, or some other liable party). Failing to do so may allow the court to postpone or dismiss your case without awarding you compensation.
Special Rules for Government-Owned Buses
If your accident was with a government-owned bus (operated by a public transit system or school district, for example), the rules are different. In these cases, you have up to six months to file a government claim for the accident. This shorter timeframe applies to state, city, and local government buses.
You are entitled to a response by the agency after you file your initial government claim (within 45 days). If your claim is denied, you have six months from the date of denial to file a lawsuit. However, if the government agency does not respond to you at all within 45 days, you may still sue them. Time will be of the essence, so you should engage an attorney in these types of situations.
Exceptions to the Statute of Limitations
There are some situations where the statute of limitations might be extended. If a minor (someone under 18) was injured in the bus crash, their statute of limitations will be extended until they turn 18, and they will have an additional two years. However, if your claim involves a government entity, you still must inform them within six months.
If someone is mentally incapacitated because of the accident or for any other reason, then their statute of limitations will be tolled (paused) until they regain legal capacity. Acting quickly is essential because investigating the accident, finding evidence, and building a solid case can take time. The sooner you contact an attorney, the better prepared you will be to meet all necessary deadlines.
Filing a Claim after a Bus Accident
Filing a claim after a bus accident can be complicated and overwhelming, especially if you are dealing with a large bus company or government entity. To successfully seek compensation for your injuries, it is essential to understand the steps involved in filing a claim. They include:
Report the Accident
The first step is reporting the accident to the appropriate authorities, whether law enforcement or the bus company itself. This step is crucial if the accident involves a school or public transit bus because there may be specific reporting requirements for bus accidents. Ensure an official accident report is filed, which will serve as valuable evidence when you file your claim.
Go for a Check-up
Even if you do not feel seriously injured, going to the hospital to be checked immediately after an accident is vital. Some injuries (such as internal trauma or whiplash) may not manifest symptoms until later on. Your medical records shall be essential in proving the severity of your injuries and what they cost.
Collect Evidence
Having as much evidence as possible strengthens your claim considerably; you could take
photos of where the accident occurred, damage sustained by both vehicles involved (if applicable), and any visible wounds obtained during the incident.
Once your lawyer arrives at the scene, they can take statements given under oath from individuals present, such as travelers riding alongside you or witnesses standing nearby watching everything unfold before their eyes.
Any surveillance footage obtained showing exactly why the crash happened would also greatly benefit you, as it will show the party responsible for the bus accident. Reports generated by professionals who examined the aftermath could help you gather medically related documents noting the extent or condition upon your arrival at the hospital, plus care provided there and afterwards, or statements written out by police officers themselves detailing what they saw when they arrived minutes after the accident.
Determine who is at Fault
Multiple parties can be responsible for bus accidents, so determining who is liable is essential to the claims process. The bus driver could be at fault, but it might also be the transportation company or government entity involved; even a third-party motorist has potential liability. Your lawyer will investigate the crash to identify all potentially liable parties.
Make a Claim with Insurance
After determining which party is responsible, filing paperwork against their insurer(s) is next. Private businesses often use commercial coverage. If the bus incident involved a government-run service, like city buses, you will need to fill out a claim with the government office.
Negotiating a Settlement
Once they have reviewed your claim, insurance companies may propose a settlement. Be careful when considering these offers; insurance adjusters want to keep their employer’s costs low. The amount suggested might not cover all your medical bills and lost wages. Having a lawyer helps make sure any settlement you accept is reasonable, considering what you suffered physically and financially.
Filing a Lawsuit
When an insurer refuses to settle for an appropriate amount, one option is filing a lawsuit against the bus company (or other party/parties) at fault for the crash. Your attorney should prepare documents explaining what happened during your accident and how another person or entity was negligent.
Filing a lawsuit increases pressure on the defendant(s) to offer fair compensation, often leading them to suggest paying more to avoid trial.
Find a Bus Accident Lawyer Near Me
If you have been involved in a bus accident or lost a family member in one, do not wait before getting legal advice. A good lawyer will protect your rights from the start and see that you are fully compensated for your injuries if possible.
At Los Angeles Personal Injury Attorney, we specialize in helping victims like yourself receive maximum compensation. Our team understands how difficult this time can be financially and emotionally. Contact us today at 424-231-2013 for a free consultation so that we can fight for your compensation.
