Maison Law helps people that have been injured in accidents throughout California. Of all the different types of accidents you can be in, a common one involves a vehicle. If you’re involved in a bus accident, the aftermath can be overwhelming. Our experienced team of California personal injury lawyers at Maison Law can help you find clarity and support during this challenging time. Contact us today for a free consultation.
Should You Hire a Lawyer?
It’s rather obvious that a bus is designed and built for the purpose of transporting several passengers at once. Moreover, they’re designed to be safe, with their large, sturdy frames prioritizing passenger protection. But what happens if you’re in an accident involving such a massive vehicle? The short answer is that you’re likely to be seriously injured.
However, whether or not you should hire a lawyer depends on the circumstances. If your accident is a minor fender bender, you probably don’t need to worry about getting a lawyer. But again, most bus accidents mean serious injuries–even if you’re a passenger. At that point, you should consider reaching out to our team. We can explain your rights, investigate the accident, figure out who’s responsible, and make the legal process easier.
Who’s Responsible When There’s a Bus Accident in California?
In California, buses are held to the same liability standards as any other car or truck. This means that if a bus driver’s negligence causes an accident, both the driver and their employing company can be held responsible for resulting damages.
This is familiar in motor vehicle accidents, effectively amounting to negligence. As with similar accidents, there’s four elements of negligence:
- The bus driver and company have a legal duty to avoid causing accidents.
- If they fail to fulfill this duty through negligence, it constitutes a breach.
- If you’re injured due to this breach, you can claim damages.
- Proving “proximate cause” establishes that the negligence directly led to the injury.
While this is the general outline of liability, figuring out who’s specifically responsible when you’re in a bus accident depends on what actually happened. At the same time, there’s likely to be several key parties involved that can carry some share of liability for your injuries:
- Manufacturers of defective parts or safety equipment
- Companies that leased the bus
- Companies responsible for loading or shipping the bus
- Passengers who distracted the driver
- Maintenance personnel
- Local government agencies
In addition, if another driver’s reckless behavior caused the accident, they may also be held liable for any resulting damage. As with any accident, figuring out liability is a huge benchmark for your case, since it sets legal responsibility for paying for your damages.
What Damages Can You Get in a California Bus Accident Claim?
Being in a bus accident is obviously very challenging, particularly when you’ve been injured. But in legal terms, you have the same rights with a bus accident as you would with any other car accident. Namely, you can file an injury claim to recover damages from the responsible party or parties.
Your damages hinge on the severity of your injuries and losses, including medical expenses, damage to your vehicle or property, and the emotional impact of the accident. Our lawyers can guide you through this process, but generally, you can recover things like:
- Medical expenses – This covers current and ongoing healthcare costs related to your injuries.
- Property damage – This covers any repairs or replacement of your vehicle or other property damaged in the accident.
- Emotional distress – These damages are for the psychological impact of the accident, such as anxiety or trauma.
- Pain and suffering – These damages provide financial support for the physical and mental pain caused by your injuries.
- Loss of quality of life – These damages provide financial considerations for the reduction in your enjoyment of life due to the accident’s impact on your daily activities and hobbies.
- Wrongful death expenses – If the bus accident is fatal, these damages can include funeral and burial costs, as well as loss of financial support.
- Punitive damages – In cases of extreme recklessness by the liable party, additional damages may be provided to punish their behavior.
While these damages typically form the bulk of your potential financial support, it’s important to note that a fair outcome isn’t guaranteed in a claim. The insurance company of the responsible party ultimately decides the settlement amount they want to give you. They often aim to minimize payouts, underscoring the importance of taking certain steps after the accident to protect your claim.
What Can You Do to Protect Your Bus Accident Claim?
The aftermath of a bus accident is very scary, whether you’re a passenger on the bus itself or driving your own car. But that doesn’t change what you need to do to protect a potential claim. You need to gather information and–most importantly–get your health taken care of. Here’s what you can do to protect your claim after you’ve been in a bus accident:
- Take care of your health – Call 911 for an ambulance right away, even if you don’t feel injured. Visit an urgent care or emergency room later for a thorough check-up once the area is safe.
- Report the accident – Contact local law enforcement to respond and clear the scene. They’ll also help you gather certain information in an accident report, which will be important for getting your claim started.
- Collect information and evidence – Get contact and insurance info from the bus driver, others involved, and witnesses. Take pictures or videos of the accident site, vehicle damage, and any injuries.
- Get documentation – Keep records of medical treatments, accident costs, and all communications with insurance companies or others involved. These documents are crucial for supporting your claim.
- Be careful with statements – Don’t say or sign anything without talking to our team first. Insurance companies may use your statements against you to reduce what they pay.
Again, what separates a bus accident from a normal car accident is the typical severity of injuries that they cause. This can make taking these steps much harder, but you can lean on our team for support and help. However, you can help yourself by understanding these accidents more fully.
What Makes a Bus Accident Different from Other Accidents?
Bus accidents in California may be the same legally compared to regular car accidents, but they’re extremely different in real world terms.
One key difference is the structure and purpose of the bus itself. School buses, for instance, are designed to transport children safely, while local transportation authority buses carry numerous passengers across cities or surrounding areas. Not surprisingly, a bus is built to hold more passengers than typical cars, increasing the complexity and potential severity of accidents.
But, it’s the underlying causes of bus accidents that are unique in and of themselves:
- Crowded roads and locations
- Sudden weather changes
- Fatigued driving
- Inexperience or not enough training
- Faulty parts
- Poor maintenance
- Design flaws
- Lack of safety equipment
- Overloading with passengers
Outside of causes, there’s the actual injuries that come about with an accident. If you’re in a bus accident, you can expect to have to deal with:
- Head injuries
- Spinal cord injuries
- Neck injuries
- Broken bones
- Cuts and lacerations
- Deep tissue and internal injuries
Dealing with a bus accident can be overwhelming, especially if you have injuries and questions. To make this process easier, consider reaching out to our team of experienced bus accident lawyers. We have a proven track record of handling these claims successfully and can take care of the daily responsibilities for you.
Frequently Asked Questions
Can I file a bus accident claim if I’m a passenger?
Yes. When you pay a fare to ride a bus, you have a legal right to be kept safe. So, if you’re injured because of the driver’s negligence (or if someone else causes the accident), you can file an injury claim.
What if I’m partially at fault for the bus accident?
California follows a comparative negligence rule, meaning you can still file a claim and recover damages even if you were partially at fault, but your damages may be reduced by your percentage of fault.
What if the bus is owned by the city or county?
You can still file an injury claim, but it would be against the local government (usually the school board or department of transportation.) This can make the claims process a bit more complicated.
Experienced California Bus Accident Lawyers
At Maison Law, we focus on helping you recover physically and legally after a bus accident in California. Our experienced bus accident lawyers understand the challenges you face and we’ll be there to guide and support you through the entire claims process. If you or someone you care about has been hurt in a bus accident in California, contact us today for a free consultation.
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