Buses are often viewed as safe forms of transportation, but they can still be involved in devastating accidents
Because of their large size, buses can cause serious damage to other vehicles, bicycle riders, or pedestrians when a crash happens. Passengers are also at risk if a bus accident occurs, as these vehicles often lack important protective devices, such as seat belts and airbags, that help minimize crash-related injury.
According to the Federal Motor Carrier Safety Administration, 204 fatal bus crashes occurred in 2021. The same year, 18,000 people were injured in crashes involving buses.
If you or someone you love was hurt in a bus accident, Miller & Steele Law Firm can help. Our Carlsbad bus accident lawyers understand the ins and outs of these complicated cases and we will work passionately to get you the compensation you deserve. Give us a call at (760) 439-2210 to schedule a free consultation and learn how we can help you.
How Our Law Firm Can Help with Your Bus Accident Claim
When you have been injured in a bus accident, you may be confused about your legal rights. You may have heard that you can’t sue the government because it has immunity. You might think that your personal injury claim will be minimal or that you won’t be able to recover if multiple people were injured in the same accident.
An experienced bus accident lawyer can review your situation for free. We can explain your legal options under the circumstances and answer any questions you have. If we decide to move forward together, we can fight for the compensation you deserve. Call us today to get started with a free initial consult.
Who is Responsible for a Carlsbad Bus Accident?
California Civil Code Section 1714 establishes a rule that individuals are liable not just for the consequences of wrongful acts, but also if they harm someone through negligence.
Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917 explains what plaintiffs must prove in negligence cases. “The elements of a cause of action for negligence are well established. They are… a legal duty to use due care… a breach of such legal duty; [and]… the breach as the proximate or legal cause of the resulting injury.”
If you can show a bus driver failed to fulfill their duty to operate their vehicle safely and demonstrate this failure was the cause of the bus crash that harmed you, the driver can be held accountable, according to our trusted Carlsbad personal injury attorney.
You may also be able to hold the driver’s employer liable as well. As a case called Lathrop v. HealthCare Partners Medical Group (2004) 114 Cal.App.4th 1412 explains, “under the common law doctrine of respondeat superior, a principal or employer is vicariously liable for the acts of an agent or employee committed in the course of employment.”
The company or entity employing the bus driver may be better positioned to provide the compensation you both need and deserve when a bus accident leaves you with injuries or results in the death of a loved one.
Making a Carlsbad Bus Accident Claim
In some cases, bus accident claims are complicated by the fact the bus operator is a governmental entity. This can happen, for example, if you are struck by a public school bus or by a public transport bus operated by the North County Transit District.
The California Tort Claims Act, outlined in Government Code section 810-996.6, establishes special rules for pursuing a claim against government entities including a requirement to file a written claim within six months of the incident when the case arises out of personal injury or wrongful death.
This is a much shorter time limit than the normal two-year statute of limitation that applies to most personal injury claims under California Code of Civil Procedure section 335.1.
When a bus accident results in wrongful death, grieving families face immense emotional and legal challenges. A Carlsbad wrongful death attorney specializing in bus accidents and governmental liability understands the intricacies of the California Tort Claims Act and can navigate the complexities on your behalf.
Common Causes of Bus Accidents
The nature of driving a large bus can create inherent dangers. Some factors that contribute to bus accidents include:
- Mishandling of the vehicle – Buses are large and long, so they are much more difficult to handle than a typical motor vehicle. Drivers may make too wide of turns or overcorrect, hitting vehicles in adjoining lanes.
- Driver inexperience – It can be difficult for transportation companies to keep enough drivers hired because this is a demanding job. This means that many drivers are new to the job and may not have had much training.
- Fatigue – Bus drivers work long shifts, so they may be tired. Others work bus driving as a second job, so they could be fatigued from their other work responsibilities.
- Drugs or alcohol – Some commercial drivers turn to drugs to keep them alert while driving. Driving all day can lead to personal issues that may make someone begin or continue drinking.
- Distractions – It can be difficult for bus drivers to maintain attention on their important job of driving when there is a lot of noise onboard. Additionally, they may be receiving dispatch and GPS messages, increasing the likelihood that they cause a collision.
If you were injured in a bus accident, contact Miller & Steele today for a free consultation.
Dangers of Bus Accidents
When buses are involved in accidents, the results are often devastating. Multiple people may be injured or killed. Because most buses do not include seat belts, people can be thrown about the vehicle during the crash with their bodies acting as projectile weapons that harm others. Bus accident victims can suffer severe injuries, such as:
- Traumatic brain injuries when their head collides with a hard surface
- Chest injuries if they impact the seat in front of them
- Spinal cord injuries if they are thrown from their seat
- Burns if their skin comes in contact with a hot surface
- Broken bones if their body slams into a hard surface
- Painful soft tissue injuries caused by the impact
If you or a loved one suffered any of these injuries due to a bus accident, contact our law firm today for a free case review.
Get Help From A Carlsbad Bus Accident Lawyer Today
Miller & Steele Law Firm can provide you with representation as you cope with the aftermath of a bus accident. We’ll help you to work within these special rules that apply to hold the right parties accountable for your losses. Give our Carlsbad bus accident lawyer a call or contact us at (760)-439-2210 to schedule your free consultation and learn how we can fight for you.