In a bus accident, you can file a claim for compensation if you can prove that the actions of the bus driver, bus company, or other party directly caused the collision. In such a case, you must have sufficient evidence to demonstrate another party’s negligence to hold them liable for the damages.
If you are involved in a bus accident in California, this article will help you understand liability in such an accident and the steps to take to receive compensation for the damages.
How Often Do Bus Accidents Occur in California?
Bus services are critical for urban and rural transportation systems, linking people, communities, and companies. Buses are a lifeline for people without private vehicles, offering a dependable way to get to work, education, the doctor, and other essential services. According to a study by the UCLA Institute of Transportation Studies, as of June 2022, the monthly ridership in California rose to about 60 million. Moreover, recent statistics indicated that there were 9,489 buses in California in 2021.
As the number of buses in the state increases, accidents involving this type of vehicle also rise. The Federal Motor Carrier Safety Administration (FMCSA) mentioned that as of 2021, there were 48,204 bus crashes in the United States, claiming the lives of 221 individuals. Additionally, 10,000 bus crashes nationwide resulted in injuries, injuring 18,000 victims.
Unfortunately, bus accidents can happen for various reasons, such as:
- Driver fatigue
- Distracted driving
- Speeding
- Impaired driving
- Inadequate training
- Mechanical failure
- Poor road and weather conditions
- Low Visibility
- Overloading
A broad strategy, including rigorous driver training, routine vehicle maintenance, compliance with safety laws, and public awareness efforts, can help address these factors and encourage safe driving practices.
What Does California Law Say About Bus Accidents?
Bus drivers are expected to uphold a higher standard of care due to their role in transporting passengers.
According to California Civil Code 2100, a person who transports people for compensation must carry them with the utmost care and attention, supply all necessary equipment, and employ a fair level of expertise in the process.
The state also holds several requirements for individuals pursuing the bus driver position. For instance, to become a California school bus driver, you must fulfill the following:
- Class A or B license approved for school bus and passenger service.
- The CHP validated the California Special Driver Certificate * (School Bus).
- A medical examination or medical examiner’s certificate.
- Passing a first aid exam and proving that you attended and passed a first aid training program.
- The CHP handles fingerprint clearance for the Department of Justice.
- Pass mandatory alcohol and restricted drug testing.
Remember that bus drivers must exercise a higher standard of care when driving. This means that they must exercise extra caution when transporting people and follow traffic laws and regulations religiously.
What to Do When Injured in a Bus Accident
Bus accidents can be confusing and overwhelming. When you are involved in a bus crash, these steps will help you protect your safety and rights.
- Stay Calm: Maintaining your composure after a bus accident is best to help prevent further issues.
- Seek Immediate Medical Attention: Ensure you and others receive the appropriate medical treatment.
- Report the Accident: Contact law enforcement to ensure a report is filed.
- Collect the Driver’s Information: Always gather the bus driver’s information, including their name, plate number, and the company they work for.
- Document the Scene: Take photos, collect witness information, and make notes on details.
- Contact a California Bus Accident Lawyer: Contact a bus accident lawyer who understands how bus crash claims work. This will ensure that your rights are protected.
Can I File a Claim for a Bus Accident?
If you can demonstrate that the bus driver, the bus company, or another party’s conduct directly caused the collision, you may make a claim for compensation in a bus accident. In this situation, you must have enough proof of the other party’s carelessness to hold them accountable for the losses.
In a personal injury case, you need to prove the following elements of negligence to have the right to compensation:
- The driver had a duty to ensure everyone’s safety.
- The driver breached this duty.
- The breach led to a bus accident.
- The accident caused injuries and damages.
Moreover, you can demonstrate these elements if you have sufficient evidence showing the at-fault party’s wrongful actions, such as:
- Bus accident photos
- CCTV or surveillance footage
- Police report
- Witness testimony
- Medical documents
While filing a claim can be straightforward, determining who the liable party is might be challenging. What happens if there are multiple parties involved in the collision? A California commercial bus accident lawyer can help you win your case by assessing the facts of the situation and gathering evidence to prove liability.
Who Is Liable for a California Bus Accident?
If you sustain injuries from a bus accident in California, you may be able to get a payout, but to have a strong case, you need to know who to file the claim against. Several entities may be held accountable in a bus accident, including:
The Bus Driver
Bus drivers must exercise extra caution when driving. Since they are transporting people for compensation, they have a higher duty of care. If they neglect this duty, such as by breaking traffic laws, they may be liable for the crash.
For instance, the driver was using their phone while driving. Unfortunately, they did not see the pedestrian crossing from afar. They then abruptly stopped to avoid the collision. However, the impact caused the vehicle to roll over, injuring the passengers inside.
In this example, the driver should be held responsible for the damages since the accident occurred due to their negligence.
The Bus Company
Aside from the driver, you can hold the bus company responsible for the damages you sustained from a bus accident. Bus companies also have the duty to ensure the safety of the passengers using their vehicles. This duty includes maintaining the vehicle in good condition or hiring a qualified driver.
As such, they can be accountable for a bus accident if they fail to fulfill this duty. For example, they did not check the driver’s driving history and hired them immediately. Unfortunately, the driver caused a crash due to drunk driving. During the investigation, authorities discovered that the driver had multiple DUI violations before the crash.
In such a situation, the bus company should cover your damages since they did not follow the protocol and requirements of hiring a driver, resulting in a crash.
Other Involved Parties
There are situations where the driver and the bus company share no fault for the collision. In some instances, other parties can be held responsible for the bus accident, such as when:
- If another driver strikes the bus, they must pay for damages.
- If a defective part causes an accident, the bus company or manufacturer is liable for the damages.
- The local organization that maintains the road should be accountable for accidents caused by improperly maintained roads.
Determining who the liable party is can be confusing, especially if you lack evidence to do so. A California bus accident lawyer may assist you in comprehending your rights, establishing liability, and defending your claim to obtain just compensation for the crash’s damages, depending on the specifics of your case.
Lawyer’s Tip: Aside from economic and non-economic losses, you can increase your compensation by including punitive damages. However, only the court decides if you are eligible for such an additional award. A bus accident lawyer can help assess if you are qualified for punitive damages and contend for it.
Is It Worth Hiring a Bus Accident Lawyer When Pursuing a Case?
Dealing with the aftermath of a bus accident, especially if you sustain significant injuries, can be complex and emotionally taxing. The process becomes even more complicated if you must file a claim against a bus company, requiring careful legal navigation while paying attention to your recovery.
Fortunately, a California commercial bus accident lawyer can ease this burden by:
- Assessing the Case: Evaluating details to determine the best legal strategy.
- Collecting Evidence: Gathering medical records, accident reports, witness statements, and other documentation.
- Preventing Errors: Ensuring accurate legal procedures and paperwork.
- Communicating with Insurers: Advocating for fair compensation.
- Negotiating Settlements: Seeking a settlement that covers all damages.
- Protecting Rights: Safeguarding your legal rights and countering insurance company tactics.
Hiring a bus accident lawyer is crucial for navigating legal complexities, securing fair compensation, and focusing on your recovery. The Law Offices of Larry H. Parker offer experienced personal injury attorneys specializing in bus accident claims. Contact us at 800-333-0000 for a free consultation to explore your legal options.
What Our Clients Say About Us
While many personal injury attorneys can handle your case and build a legal defense, our dedication to advocating diligently on your behalf distinguishes us. We go above and beyond to ensure that our personal injury lawyers are fully prepared to create a strong claim, as proven by our pleased prior clients.
“I have had the privilege of knowing the staff at Law Offices of Larry H Parker since 2007. I have found them sincere and tenacious about helping their clients recover the maximum damages from their accidents and injuries.
Insurance companies fight The Law Offices of LHP to avoid paying any damages. Rest assured that the Law Offices of Larry H Parker will fight for you. They are experienced at this. Every day, they fight for their clients to help them get justice. After all, over 10,000 satisfied clients have benefited from having Larry H Parker fighting for them.
Not all cases are created equal. The best you can do is to work with them openly and get them all of the information they need to help you win your case. Give them a call. They are serious and tenacious in fighting for you.” -Search C.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Does a Poor Driving Record Affect My Car Accident Claim?
- How Can a Bus Accident Attorney in Los Angeles CA Hold Accountable for Your Injuries?
- Party Bus Accidents Are More Common Than Many People Realize: Discover Their Top Causes
- Is it Legal to Text at a Stop Sign or Red Light?
Works Cited
“California Civil Code 2100.” California Legislative Information.
“Changing Transit Ridership and Service During the COVID-19 Pandemic.” UCLA Institute of Transportation Studies.
“LARGE TRUCK AND BUS CRASH FACTS 2021.” Federal Motor Carrier Safety Administration.
“Total number of registered U.S. buses by state.” Statista, 19 December 2023. Accessed 13 June 2024.
“Want to become a school bus driver?” California Association of School Transportation Officials. Accessed 13 June 2024.
