Get recompensed for your injuries from a bus accident personal injury case
Have you been injured in a bus accident? If you were severely hurt or wounded in a bus accident in San Diego and are contemplating submitting a compensation claim, you will need the help of a bus accidents attorney in San Diego, CA. Bus road crashes are frequently more complicated than usual vehicle accident cases. Consequently, if you want to prevail, you’ll need the experience and skills of Benner Law Firm. Our law firm understands the nuances of bus accident cases and knows how to win you reasonable compensation. Benner Law Firm has assisted San Diego citizens in obtaining proper compensation for injuries incurred in bus accidents. Contact us right away!
What is the “Common Carrier” Law?
Many personal injury claims are founded on negligence principles: to win the case, the aggrieved party must establish that the defendant was negligent. Public transportation injury legislation is still founded on carelessness, although in some jurisdictions, public transportation firms may be liable to what is known as the “common carrier” law. A common carrier is an old legal concept for individuals or organizations that offer public transit. Public buses, railroads, trolleys, and taxis are some examples of common carriers. Common carriers might include school buses and maybe privatized limousine firms, depending on where one resides. Common carriers owe their passengers more courtesy than the typical individual in several places. To prevail in the lawsuit, the wounded individual must demonstrate that the public transit firm was irresponsible. Yet, in many states, common carriers are deemed to owe their customers a higher degree, or even “the highest degree of care,” in terms of providing safe ways to travel. In other words, the common carrier’s obligation to behave responsibly to protect its customers exceeds that of the typical individual. In certain states, common carrier legislation primarily extends to the injury inflicted while the common carrier’s vehicles are in operation (i.e., while the bus, train, or taxi is moving). In some jurisdictions, however, the common carrier is obligated to provide this better standard of care in all instances, regardless of whether somebody slips and falls in the railway station or is hurt on a damaged chair on the subway platform. Nonetheless, although the common carrier has a better care obligation, the aggrieved party must all establish carelessness. Assume you are standing on a public bus when it swerves or comes to a halt, and you are flung to the floor and wounded. The fact that the bus veered or stopped abruptly and you were injured does not imply that the bus driver was irresponsible. If, for example, a youngster rushed into the street and the bus driver had been traveling at a fair and safe pace beforehand, the bus driver may be judged not to be blamed.
How Common Are Bus Accidents in San Diego, CA?
Generally, public transit is a safe and inexpensive method to travel around town. Bus accidents, on the other hand, are widespread in Southern California. In San Diego, bus accidents frequently involve:
- Buses for students
- MTS (Metropolitan Transport System) buses in San Diego
- Bus charter
- Buses operated by Greyhound
- Tufesa transportation
- Bus shuttles
- Buses for hire
The Federal Motor Carrier Safety Agency (FMCSA) gathers data on bus accidents nationwide. Two-hundred thirty-four (234) buses were involved in fatal motor vehicle incidents in 2018. Certain buses, though, appear to be more deadly than others. Around 40% of all fatal bus accidents in the United States involve transit buses, with 35% involving a school bus. Intercity buses account for another 12% of bus accidents.
What Do I Do After a Bus Accident?
Whether you were engaged in a bus accident or not, inspect for injuries and contact 911 for emergency assistance for anyone injured first. If there are injuries or severe property damage ($1,000 in several jurisdictions), request that police attend as well. Begin gathering evidence for your personal injury or property damage claim as soon as you can. Here’s a list of things you might need to do at the scene and later:
- Swap contacts and insurer details with all drivers involved in the crash.
- Get data on the bus driver’s organization, including the address, phone number, and name of the driver’s current boss.
- Keep track of the year, make, model, and license plate number of all cars involved.
- Photograph all automobiles, their damage, and the accident site.
- Get personal details for all witnesses so that you (or your attorney) may subsequently obtain written or recorded testimonies from them.
- Speak with the reporting policeman to learn how to obtain a copy of the police report.
- Notify your insurer.
- Keep a documented diary or notebook to record how the event occurred and your injuries, treatment, and recovery.
- If you are obligated, file an accident report with your state’s Department of motor vehicles.
- Get medical attention for any injuries you’ve sustained, and get duplicates of your health records and invoices.
Who Could Be Held Responsible in a Bus Accident?
Numerous things may be implicated when identifying the cause of a bus accident. If you employ a lawyer, they will thoroughly investigate the mishap to find any liable parties, which might include:
- Another motorist: If the other driver is responsible and triggered the collision, they may be held accountable for your medical costs and other losses.
- Bus driver: The bus driver may be reprehensible. When the accident happened, they were probably driving while sleepy, texting and driving, taking drugs, or doing something else.
- The bus firm: They might be held financially liable for what occurred to you if they failed to instruct the bus driver adequately.
- Manufacturer: The bus might be defective or malfunctioning. In that instance, the bus builder could be held accountable.
- Mechanic: If a mechanic fixed the bus but failed not to do it appropriately, they may be called to account.
- Local government: The local authority should take care of local roadways. If your crash was triggered by a road accident, such as a massive pothole, you may be entitled to demand accountability from the government.
What is the Value of my San Diego Bus Accident Case?
There is no secret formula for calculating the value of your personal injury claim. While determining the worth of your claim, our attorneys analyze the variables relevant to judges and juries. These elements may include:
- The kind of injury you suffered
- Whether or whether you will be permanently disabled
- The worth of your lost salary and the expense of your medical care
- Your future medical requirements
- The injury’s influence on your quality of life
- We may occasionally appoint specialists to assist us in determining the extent of your injuries.
Before accepting any settlement offer, you must determine what you are entitled to. Contact our San Diego bus accident attorneys immediately to explore how we can help you place a fair value on your injuries.
What Kinds of Compensation Are Available to Bus Accident Victims?
While each bus accident case is unique, plaintiffs are always entitled to reimbursement for financial and non-financial losses. Our attorneys will aggressively pursue all potential damages in your case, including reimbursement for:
- Previous and future medical costs, such as ER visits, hospitalization, surgeries, and other procedures
- Lost wages
- Reduced future earning potential
- Rehabilitation
- Suffering and pain
- Anguish in the mind
- Disfigurement
- Scarring
- PTSD and anxiety
- Reduced quality of life
- Consortium dissolution
How Can I Establish Negligence Following a California Bus Accident?
Victims of bus accidents have the right to demand restitution from any person whose carelessness contributed to the catastrophe. Before you fight for compensation, you need to know who was at fault for the collision. You may be able to claim damages based on carelessness if you can demonstrate:
- There was a legal responsibility of care.
- Someone violated the responsibility of care.
- The accident was caused by the breach.
- You were injured.
Litigation involving bus accidents is sometimes challenging since several parties may be at fault. In contrast to a conventional automobile collision, the bus driver virtually doesn’t ever own the vehicle. The driver’s employer may be held accountable for losses in the end. You may also be possible to recover damages from more than one guilty party, such as:
- The bus operator
- Authorities in charge of public transportation
- The proprietor of a luxury tour bus
- The company of a careless driver
- Bicyclists, pedestrians, and other drivers engaged in the accident
- Careless bus mechanics
- A business contracted to check and maintain the buses
- The designer of a faulty bus component
- School systems, either public or private
In California personal injury proceedings, the plaintiff has to prove damages. To claim redress, you must first establish the liable party and demonstrate how they were negligent. Our attorneys are here to assist you. We’ll go through police reports, interview witnesses, and determine the facts in your case. To get started, contact us to arrange your free strategy session.
How Long Do I Have in California to Bring a Bus Accident Lawsuit?
In California, the statute of limitations for personal injury lawsuits is two years. You have two years from the point of the incident to launch a personal injury case if the defendant is a private party. However, many buses in San Diego are run by governmental transportation bodies. You may only have six months to file a lawsuit against the City of San Diego. If you miss these deadlines, you will irrevocably forfeit your entitlement to cash recompense. Hence, if you’ve just been injured in a car accident, consult a knowledgeable personal injury attorney as soon as possible.
Call our Bus Accidents Attorney in San Diego, CA, Now!
Severe bus accident injuries might drastically alter your life. Fortunately, you may be eligible for compensation. If you or a loved one is critically wounded in a bus accident, get an attorney familiar with the guidelines, legislation, and complexity of bus accidents. For many years, Benner Law Firm has strived to ensure that personal injury victims receive the monetary support they deserve. Call us immediately to schedule a consultation so that we can begin discussing your case with you. We will discuss the specifics of your occurrence professionally and kindly during the conversation. We also provide in San Diego, California, the following services listed below: