Taking a bus to a location is a great way to alleviate the stress of driving. However, bus accidents can be more severe than a typical car crash because of the sheer size of the vehicle. Compared to another vehicle accident, your injuries may range from minimal to severe depending on the size and speed of the vehicle you’re traveling in.
What a lot of people don’t know is that a bus accident often involves multiple parties that aren’t even at the scene of the accident. Meeting with a bus accident attorney in Riverside can help you identify who is at fault while getting you the compensation you deserve.
How Bus Accidents Are Similar to the Average Vehicle Accident?
Bus accidents share some similarities to average vehicle accidents, especially when it comes to factors like how the accident occurs and common injuries from the accident.
Frequent Causes
A lot of vehicle accidents can have similar causes, whether the accident involves buses, trucks, motorcycles, or smaller cars. Frequent causes for all vehicle accidents may include:
- Speeding
- A driver that fails to yield
- A driver who is operating under the influence of drugs or alcohol
- Loose debris on the road
- Lack of road signs
- Defective vehicle parts
Common Injuries
In any kind of vehicle accident, there may be injuries. The following are some of the most common ones:
- Broken bones
- Neck injuries
- Spinal injuries
- Back injuries
- Organ damage
- Brusing
- Psychological and emotional trauma
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How Buses are Maintained for Safety
Buses are vehicles designed for mass transport. To ensure safety with each ride, they must be maintained and inspected before each ride. Failure to do so can lead to problems down the line.
Verify Certified Drivers
Their drivers must also be trained and certified to operate their respective buses. If a company is found hiring unqualified drivers, they will be held liable for reckless endangerment. If a driver is found to be driving in a reckless manner, such as driving under the influence or speeding, they will be held liable for damages.
Verify Safety History
Before any bus leaves their parking hub, they must also pass their maintenance checks. If they leave the premises and malfunction on the road, the company can be held responsible for any damage.
For example, if a bus driver decides to drive with bald tires and that causes an accident, the bus driver and/or the maintenance crew will be held liable because they failed to prevent an accident with their inaction.
Review Bus Parts
A key part of the maintenance check is reviewing bus parts as well. If a manufacturer provides a defective part and it leads to an accident, the manufacturer can be held liable for the accident.
How Bus Accidents Differ
Depending on the type of bus that is involved in an accident, different steps need to be taken to properly report an accident.
Public Transit Buses
Public transit buses like the Riverside Transit Agency and Omnitrans work in tandem with the government to transport people around certain areas. This makes these buses government entities. This also means that there are special rules in place to file a claim.
According to the California Tort Claims Act (CTCA), all parties injured in a public transit bus accident must file a claim within six months of the accident. If anyone misses that deadline, their claim will be considered null and void. To avoid this, meet with a bus accident attorney in Riverside as soon as possible.
School Buses
School buses, if owned by the school district, are state-owned buses that follow strict safety guidelines. Common causes of school bus accidents can be mechanical failures, driver fatigue, poor weather conditions, or other drivers. While school bus accidents are rare, it’s important to know who an accident with a school bus will involve.
If involved in an accident with a school bus, it’s certain that you will be in contact with the school district that owns the bus. The district will have to investigate to see if there was anything amiss with the bus itself as a part of the initial investigation.
Private and Commercial Bus
Shuttle buses, charter buses, and other big buses used to transport over 15 people are held to higher standards of passenger protection due to their classification of ‘common carrier’ by the federal government. This means that bus drivers and companies must prioritize passenger safety and must do all that they can to avoid accidents.
If you’re in an accident with one of these buses, the law will put the responsibility on these buses. However, if there was an extremely negligent other party who caused the accident, the fault may fall to that party.
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Is Having a Bus Accident Lawyer a Good Idea?
Yes! Consulting with a bus accident lawyer in Riverside is a good idea after an accident involving a bus. Finding fault in a bus accident requires an investigation into a bus company’s safety practices. Companies may even try to hide unsafe practices to avoid responsibility in an accident.
Having a bus accident attorney in your corner can help you investigate the accident and file a spoilation letter to avoid the loss of evidence.
What’s a Spoilation Letter?
A spoilation letter is a form an attorney will send to a company to request they preserve key pieces of evidence. Depending on the type of bus, certain pieces of evidence may be available for further investigation. For example, some buses have systems that track speed, driver behavior, and braking patterns. This can be used to determine if the bus driver was at fault.
How to Collect Evidence after a Bus Accident
Bus and vehicle accidents require drivers and passengers to collect evidence at the scene. All people involved in a bus accident also have the right to find an accident attorney to file a case. Before they go to an attorney, there are key pieces of evidence they must collect.
Bus accidents require that everyone involved follow these steps with a few caveats based on the type of bus they’re in an accident with.
- Collect insurance information. After an accident, exchange insurance information with the other driver. If you were a passenger, collect the insurance of both drivers.
- Take photos/videos of the scene. Taking photos of the scene provides attorneys with a view of the accident site which allows them to reconstruct the scene. Collecting videos, such as dashcam footage, can also give insight into driver behaviors and outside influences on the accident in question.
- Collect witness testimonies. If possible, collect witness testimonies at the scene. They can help provide an outside perspective on the accident that the immediate parties may not be privy to.
- Go to the doctor. Even if you feel fine after an accident, it’s highly recommended to see the doctor. Having a detailed record of your injuries helps your attorney argue for your case that emphasizes your journey to recovery.
- Meet with a bus accident lawyer. Meeting with a lawyer after you report an accident to your insurance is often the best move. Avoid speaking to other insurers before you have representation to make sure the attorney can start negotiations on the right foot.
FAQ
How Safe Are Buses?
Generally speaking, buses are pretty safe. While school and public transit buses lack seatbelts, their design mitigates a lot of injuries that would cause severe injury in a typical car.
My Bus Driver is Driving Erratically. What Do I Do?
In the rare case you encounter an erratic bus driver, there are multiple ways you can file a report. First, note the bus number and the time, location, and direction they’re going in. Once you have that, you can report them to the DMV or their company online or through the phone.
How Long Do I Have to File a Claim?
In most cases, you have up to two years to file a claim after a bus accident. The only exception is after an accident with a public transit bus.
What if My Child Was in an Accident?
If a child is involved in an accident, there are two options to receive compensation. First, they can wait until they turn 18 to file a personal injury claim. Second, their legal guardian can file a claim in their stead while they are a minor. To learn which decision may be in your child’s best interest, consult a bus accident lawyer in Riverside.
How Much Can I Get from a Bus Accident Settlement?
That number depends on the circumstances of your case. Bus accidents can often become more complicated than they seem on the surface. Speak to your bus accident attorney to learn more about your specific case.
What Damages Can I Be Compensated For?
In a bus accident, all involved parties can be compensated for physical and psychological injuries. Keep a detailed financial record of all the costs related to your recovery and make sure to keep a journal documenting your recovery as well.
What If I Was Disabled in an Accident?
If you were disabled due to an accident, that falls under both physical and psychological damages. You can be compensated for those damages if the evidence proves the accident was the reason for your disability.
How Much Will an Attorney Cost Me?
In many cases, personal injury attorneys work on a contingency fee. This means that they will take a percentage of your compensation if they win your case. The average contingency fee is about 35%. Confirm this number with your attorney before formally partnering with them.
How Long Do Cases Take?
That depends on the bus and circumstances of the accident. Cases with lesser damages take anywhere between 2 to 4 months to settle. Cases with more severe injuries and multiple complicated factors such as government involvement can take up to 2 years to settle.
Do I Have to Appear at Court?
Most accident cases are settled out of court. In the rare chance that you do have to step into a courtroom, your attorney will inform you in advance and prepare you for the case.
Get the Help You Need Today!
Our team at Vaziri Law, LLP, has decades of experience litigating bus accident cases on behalf of our clients. We believe in your right to fair compensation and won’t stop fighting until you are properly recognized. Learn more about our services and meet with one of our skilled attorneys. Contact us today for a free consultation.
