Bus Accident Attorney: Get Help Filing Bus Accident Claims
If you or a loved one have been involved in a bus accident in California, seeking the assistance of an experienced attorney is crucial. Dealing with bus accident cases can be complex, and having a knowledgeable lawyer by your side can make a significant difference in the outcome of your claim.
This guide will help you understand the significance of California attorneys in handling bus accident cases, including understanding specific California laws, who is liable for bus accidents, how to file claims, potential challenges victims may face without legal representation, and the importance of seeking professional help.
Got hurt in a bus accident in California?
Understanding California-Specific Laws and Regulations
California has specific laws and regulations governing bus accidents that differ from other types of motor vehicle accidents. For instance, buses are considered common carriers, which means they have a higher duty of care towards their passengers and other road users.
California Civil Code Section 2100
The California Civil Code Section 2100 states that common carriers must exercise the highest degree of care and diligence to ensure the safety of their passengers.
Commercial Driver Handbook Section 10
The California’s Department of Motor Vehicles mandates that any passenger traveling on a school bus must be securely fastened by the safety belt. Parents, legal guardians, or chartering parties are strictly forbidden from transporting a child, ward, or passenger who is under 8 years of age, under 4 feet 9 inches in height, and under 16 years old on a bus equipped with safety belts unless the child is properly restrained by a safety belt.
Who is Liable in A Bus Accident?
Bus accidents in California can result in significant injuries and damages, leaving victims and their families seeking answers about who is liable for the incident. Determining liability in bus accidents can be complex and may involve multiple parties.
Potential parties who might be liable in a bus crash in California are:
Bus Driver
The negligent bus driver may be held liable if their behavior contributed to the accident. This could include reckless driving, speeding, or driving under the influence of alcohol or drugs. In some instances, it could also be because of driver fatigue, unintentional bus driver error.
Private Bus Company/Operator
The company or entity that operates the bus may be held responsible for the accident if they failed to properly maintain the vehicle, provided inadequate training to the driver, or overlooked safety regulations.
Other Negligent Drivers
If the accident was caused by another motorist’s negligence, such as running a red light or rear-ending the bus, that driver may be held liable.
Bus Manufacturer
In some cases, a defect in the bus itself, such as faulty brakes or a defective steering system, may have contributed to the accident. In such instances, the bus manufacturer could be held liable.
Government
If the bus is owned or operated by a government agency, such as a city or state transit system, special rules may apply. Here are some scenarios where the government’s involvement may come into play:
- Government-Owned Buses: If the bus involved in the accident is owned and operated by a government agency, such as a city or state transit authority, the government may be directly involved in the claim. In such cases, special rules and procedures often apply, as government entities have immunity protection and specific liability limitations.
- Public Transportation Accidents: Accidents involving public transportation services, such as city buses or public transit systems, may involve the government. These agencies typically have their own insurance policies and legal teams to handle claims filed against them.
- Government Liability for Road Conditions: If the bus accident was caused or exacerbated by hazardous road conditions, such as poorly maintained roads, lack of proper signage, or road design defects, the government entity responsible for maintaining the road might be involved in the claim.
How to File Claims After a Bus Accident in California
Being involved in a bus accident can be a distressing experience, but it’s important to take prompt and appropriate actions to protect your rights and seek financial compensation for your injuries and damages.
Here’s a step-by-step guide on how to file personal injury claims:
Seek Immediate Medical Care
Your health and well-being are the top priorities. Seek immediate medical attention for any injuries, regardless of their severity. Common bus accident injuries include traumatic brain injuries, neck and spine injuries, broken bones, and internal organ injuries.
Document the Accident Scene
If you are physically able, try to gather as much information as possible from the accident scene. Take photos of the bus, other vehicles involved, road conditions, traffic signs, and any visible injuries. Also, collect the contact information of witnesses who may have seen the accident.
Report the Accident
Notify the police about the accident. They will create an official report, which will be valuable for your claim. Additionally, report the incident to the bus company or operator to create a paper trail of the accident.
Preserve Evidence
Keep any evidence related to the accident safe, including medical records, receipts for medical bills, repair bills, and any documents provided by the bus company.
Consult a Bus Accident Lawyer
Contact an experienced personal injury attorney who specializes in bus accident cases. They will guide you through the process, evaluate your case, advise you on the best course of action, and help you get maximum compensation for your severe injuries and damages. Damages include present and future medical expenses, emotional distress, pain, and suffering.
The Role of Attorneys in Bus Accident Cases
An experienced bus accident lawyer can provide several invaluable services, ensuring your rights are protected and increasing your chances of obtaining fair compensation for your injuries and damages.
Provides Expert Legal Advice
Bus accident lawyers have in-depth knowledge of California’s personal injury laws, regulations, and procedures. They can provide you with advice tailored to your specific case, helping you understand your rights and the potential outcomes of your claim.
A skilled attorney will also conduct a thorough evaluation of your case, considering all the evidence and factors involved. They will calculate the full extent of your damages, including both economic and non-economic losses, to ensure you seek appropriate compensation. This also includes filing claims and handling potential lawsuits for a wrongful death.
Works According to California Laws
California follows a comparative negligence system, meaning there might be multiple liable parties for an accident. Bus accident attorneys can handle cases involving shared fault, ensuring you receive compensation even if you are partially at fault.
A reliable legal team also complies with the California statute of limitations, which is two years from the date of the accident. Your attorney will ensure all necessary paperwork and filings are completed on time, preventing your claim from being barred due to missed deadlines.
Negotiates with Insurance Companies and Bus Company Legal Teams
Bus companies and operators may have multiple insurance policies, making it challenging to navigate the coverage available for your claim. Bus accident lawyers have experience dealing with complex insurance and bus company issues, making sure you get the compensation you deserve.
Trial Preparation
While most cases are settled out of court, some may progress to a personal injury lawsuit. Your attorney will be well-versed in trial preparation, ensuring your case is presented effectively in front of a judge and jury, should it be necessary.
Challenges Victims May Face Without Legal Representation
Victims of bus accidents who attempt to handle their claims without legal representation may encounter several challenges:
- Complex Legal Procedures: Navigating the legal system and understanding complex laws can be overwhelming for an average person without legal training.
- Inadequate Compensation: Insurance companies might offer lower settlements to unrepresented victims who may not fully comprehend the true value of their claims.
- Lack of Evidence: Gathering evidence and building a strong case often requires legal expertise and resources.
- Time Constraints: Meeting deadlines and filing paperwork correctly can be difficult without professional assistance.
Consult a Personal Injury Lawyer Today
A consultation with a California personal injury lawyer with experience in bus accident cases is essential to protect your rights and ensure fair compensation. They understand the specific laws and regulations in California, have the expertise to investigate accidents, determine liability, and navigate the legal complexities on your behalf.
Without legal representation, bus accident victims may face challenges in obtaining the compensation they deserve. Remember to seek legal counsel promptly after a bus accident to maximize your chances of a successful claim.
Injured in a bus accident? Ayuda California has a team of personal injury lawyers, medical professionals, and case handlers who can help you go through the claims process smoothly.
Contact us today at (844) 865-0721 for a free consultation. We work on a contingency fee basis, which means that we don’t get paid unless you win your case.
Let us help you get the justice and compensation you deserve.
