When taking the Metro bus to get to the LA Convention Center or Sunset Blvd, there’s a risk that you’ll get into an accident due to the congested streets, influx of drivers new to the area, and street construction. While it’s unlikely, you’ll get into an accident on a bus, the chances are never zero.
If this happens, knowing where to get help with a bus accident can be a great help. Bus accident claims in Los Angeles can be complicated, involving multiple parties such as drivers, bus companies, and insurance providers. At Vaziri Law LLP, our team of attorneys understands the challenges that come with pursuing fair compensation.
Our Los Angeles personal injury lawyers provide personalized legal services and fight for the compensation our clients deserve.
Key Points
- Finding who is responsible for a bus accident is a complicated process that involves multiple hidden parties.
- Filing bus accident claims involving government vehicles comes with quicker timelines and specific filing steps.
- Filing a case involving school districts can be complicated.
- Partnering with a bus accident lawyer can help clients navigate the complicated process.
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What Qualifies as a Bus?
A bus is a large vehicle designed to transport a large group of people. They usually operate on fixed roads with designated pick-up and drop-off locations. They also have a licensed and experienced driver behind the wheel. Common examples include:
- Intercity buses
- Tour buses
- Transit buses
- Campus shuttles
- Party buses
- Greyhound, or other long-distance, buses
- School buses
Common Reasons Bus Accidents Happen
Accidents are unpredictable, but many of them happen for the same reasons. The following are common reasons bus accidents happen:
- Driver fatigue
- Distracted driving
- Speeding
- Mechanical failure
- Poor weather
- Congestion
- Improper turns
- Poor training
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Common Injuries from a Bus Accident
Injuries from a bus accident can be more serious due to the type of bus you’re in at time. Common injuries after a bus accident include:
- Traumatic brain injury
- Whiplash
- Internal bleeding
- Chest injuries
- Lacerations
- Broken bones
- Spinal injury
- Amputation
- PTSD
How to Collect Evidence After a Bus Accident
Being in a bus accident can be scarier than the average car accident due to the size of a bus. However, buses are designed for safety due to their heavier builds and reinforced frames which make them much safer than the average car. Despite this, injuries can still happen and it’s highly recommended to follow these steps:
- Call emergency services. Even if you and the other passengers seem fine, call emergency services to create a police report and get paramedics on the scene.
- Get medical attention. After any type of bus accident, the most important thing to do is to check if you or anyone else has been injured. Some injuries do not manifest until a few days later, so it’s best to have a record showing the initial impact.
- Gather evidence. Once you’re safe, collect as much evidence as possible. Note down the license plate number, make, model, color, and any other identifying details from the vehicles themselves.
- Speak to everyone involved. Get the names and contact information of eyewitnesses and other victims to corroborate your story.
- Take photos and get videos. Taking photos of the scene lets lawyers recreate the scene and get a better understanding of what happened.
- Consult a bus accident lawyer. It’s recommended to partner with a lawyer within the first 48 hours after an accident. This helps you obtain additional evidence like business surveillance camera footage that can greatly help your case.
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Common Pitfalls to Avoid
When you’re involved in a bus accident, getting to a doctor is an important part of the process. A record of your visit proves there was an accident, since you’ll tell your doctor you were in an accident and need a checkup. Keep a record of the visit, or else insurers will try to poke holes in your claim.
Do not agree to a settlement without speaking to your attorney. The other parties are often seeking to settle quickly and cost-effectively. They do not account for your medical injuries or any other long-term medical ailments.
Do not assume fault. The job of a lawyer is to use evidence to determine fault in an accident. In California, fault is divided among the involved parties using evidence.
Finding Liability in a Bus Accident
In the average car accident, the people directly involved in the case can be held liable for an accident. In a bus accident, identifying liable parties can prove to be difficult due to the amount of people behind the scenes. Fortunately, our bus accident attorneys in Los Angeles can investigate your accident and find the parties responsible for your injuries.
Here is a list of parties who can potentially be held liable for an accident:
Bus Company
If an accident happens during a private tour, charter, or party bus, the company that owns and/or operates the bus can be held liable. Employers are held responsible for their employees’ actions during their shifts. If the employee proves to be unqualified, negligent, or poorly trained, that falls under the company’s fault.
Government Entity
If an accident occurs with an LA Metro bus, intercity bus, or transit bus, you will have to file a claim with the government. Keep in mind that the involvement of a government vehicle means that you will have less time to file your case, or else it is considered void.
School District
In accidents involving school buses, the school district or the company that operates the bus can be held responsible. Districts can be held responsible for their employees, and like a company, they must ensure their employees are vetted and pose no safety risks to the children they will be transporting.
However, there is a special rule that allows school districts to avoid liability in an accident.
School Bus Rule
If a school bus stops on the road and the built-in stop sign pops out, then all drivers are legally obligated to stop. This indicates that passengers are getting off and need to safely cross the street. Any car that ignores this sign and causes an accident will be fined and held liable.
Despite fault, claims involving a school district also fall under the shorter deadline to file a claim as school districts are also government entities.
Negligent Driver
If a negligent driver hit the bus you were riding, they can be held liable for any damages. This can also apply if the driver of the bus you’re on was driving in a reckless and/or dangerous manner.
Maintenance Staff
Most commercial vehicles have a team of mechanics to keep buses in top form. If it is found that maintenance staff did faulty repairs, skipped inspections, or failed to address mechanical issues, they can be held liable for the accident.
Manufacturers
Sometimes, the manufacturers can sell and/or install defective parts into their vehicles. If this is the case, the manufacturer can be held responsible for the accident. These cases also fall under product liability cases and can start a lengthy case against the manufacturer.
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Common Carrier Laws in California
Common carrier laws state that bus operators must provide utmost care and safety for their passengers. This means that all employees must be screened, trained, and supervised. They must also transport every passenger from pickup to destination, maintain vehicles in peak driving condition, and provide safe boarding and exit.
This makes bus accidents a much more serious matter than the average car accident.
How Long to File a Claim
For the average accident, victims have two years to file a claim. However, for accidents involving a Los Angeles city bus, you may need to file a claim against the Los Angeles County Metropolitan Transportation Authority (Metro). California law states that any personal injury claim against a government agency must be filed within six months of the accident.
Children in a Bus Accident
If children are involved in a bus accident, they cannot file a personal injury claim until they turn 18. However, injuries do not patiently wait for the child to age a few years before manifesting. In these cases, a parent or legal guardian may file a personal injury claim on behalf of their child(ren).
How Parents Should File a Claim
If your child was involved in an accident with a school bus, the chances of you not being there to collect evidence are high. In that case, you’d have to get a report from the school district along with a medical report documenting any injuries your child sustained due to the accident before seeing an attorney.
Protected Settlements
Cases that involve children do not function like adult cases. Cases in every state take precautions to make sure the compensation awarded benefits the child. Judges will review and approve any fair settlements that protect the child’s interests.
Once the settlement is approved, the funds are stored in one of three ways:
- Blocked account. This is a court-supervised account that cannot be accessed until the child turns 18.
- Structured settlement. These are periodic payments that are given to the child, often starting once they turn 18.
- Special needs trust. In cases where the child suffers long-term disabilities, funds may be put into a special needs trust. This allows the child to receive settlement money without endangering their eligibility for benefits like Medi-Cal.
How Our Los Angeles Bus Accident Attorneys Demonstrate Negligence
Los Angeles bus accidents can happen for many reasons. Sometimes it’s an unpredictable accident. Other times it’s a case of negligence. When negotiating, it’s up to lawyers to prove negligence using evidence. Some of the common forms of negligence are:
- Reckless driving.Reckless driving. Speeding, abrupt lane changes, and ignoring traffic signals are examples of reckless driving. Failing to follow traffic laws puts passengers and other people on the road at risk.
- Distracted driving. Texting, talking on the phone, eating, or engaging with passengers distracts the driver and increases the chances of an accident.
- Impaired driving. Driving under the influence of alcohol or drugs is dangerous. This behavior endangers everyone on the road. Impaired driving causes slower reaction times and causes preventable crashes.
- Mechanical failures. Faulty brakes, engine issues, or other mechanical problems can result from poor maintenance. When bus companies and/or maintenance providers fail to properly inspect and repair vehicles, they may be held liable for any resulting accidents.
- Hazardous road conditions. Poorly maintained roads, potholes, and/or debris can create an unsafe driving environment. Rain or strong winds can also contribute to accidents. In some cases, government agencies responsible for road maintenance may be liable.
What Compensation Can I Recover as a Bus Accident Victim?
Compensation after a bus accident depends on the severity of your injuries and how they impact your life in the short and long term. Our team of lawyers at Vaziri Law LLP will look at your case and use evidence to calculate your maximum compensation. We determine your damages by looking at the following:
- Medical bills. This includes the costs of emergency care, hospital stays, surgeries, medications, rehabilitation, medical equipment, and any ongoing treatments.
- In-home care and assistance. If your injuries require the assistance of in-home aides and/or caregivers, that can also be compensated in a bus accident case.
- Lost income. If you’re unable to work due to an accident, you can be compensated for the time spent recovering.
- Reduced earning capacity. Sometimes, injuries result in long-term and/or permanent disabilities. This makes it difficult for people to make money as they did prior to their accident.
- Home renovations. If the home needed adjustments such as wheelchair ramps, stairlifts, or bathroom modifications to accommodate an injury, then that can be compensated for via a claim.
- Non-economic damages. This includes pain, suffering, emotional distress, and loss of enjoyment of life caused by your injuries.
How are Non-Economic Damages Calculated?
Non-economic damages do not have a set value. No one can put a price on pain and suffering. However, a bus accident lawyer still acknowledges that pain and suffering is a part of recovery. To acknowledge this pain, your attorney will take the sum of your economic damages and do one of two things: apply the per diem or the multiplier method.
- Per diem method. This method assigns a daily wage and pays it to the victim for the amount of days they are expected to be in pain.
- Multiplier method. This method takes the sum of the economic damages and multiplies it by a number between 1.5 and 5, depending on the severity of the damages.
Punitive Damages
Punitive damages are penalties given to grossly negligent parties. Impaired drivers, employers that ignore safety standards, and unlicensed drivers can fall under this category. If found grossly negligent, a judge will penalize the offending party with a fee.
This penalty is then given to the victims. However, this does not count as a part of the compensation. Therefore, it is highly recommended to consult a tax professional to learn if this money is taxable.
Why Partner with Vaziri Law LLP Bus Accident Lawyer
Having a bus accident lawyer in your corner can be a great help. After a bus crash, it can be overwhelming to navigate recovering from an accident and managing communication with insurers and attorneys. Check out our results page to learn more about the cases we’ve won.
What We Offer
Our Los Angeles bus accident lawyers have over 200 years of combined experience handling cases like yours. We can discuss your accident, answer any questions you have about pursuing compensation for your medical bills and other losses, and help you take the first step toward your personal injury settlement.
From our initial consultation to the conclusion of your case, we take care of case investigations, evidence gathering, getting expert witnesses, filing fees, court costs, settlement negotiations, and trial preparation. We keep you informed every step of the way and will gladly answer any questions about the process along the way.
Our Los Angeles Bus Accident Lawyers Work on Contingency
Our team at Vaziri Law LLP believes that everyone deserves access to high-quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis. This means there are no upfront costs when hiring us, and you don’t pay anything unless we win your case.
If we successfully recover compensation for you, whether through a settlement or a trial verdict, our fees come from a percentage of the amount awarded.
Frequently Asked Questions
What if I Lost a Loved One in a Bus Crash?
If you lost a loved one in a bus crash, we offer our deepest condolences. Our compassionate team of Los Angeles wrongful death lawyers can provide empathetic legal support and help you seek compensation for damages through a wrongful death claim.
Is There a Limit to Medical Compensation?
There is a cap to how much someone can receive in medical damages. The goal of recovery is to get the patient back to their state prior to the accident. However, that doesn’t always happen, so doctors aim to get the victim to a point where medical intervention will not improve the patient’s condition. This is known As Maximum Medical Improvement (MMI)
What Happens After MMI?
After reaching MMI, doctors will give the patient a Permanent Impairment Rating (PIR). This number, usually between 0-100, shows the lasting impact the injury will have on the patient. Zero means no impact, and 100 means the accident permanently altered the patient. This is also used to determine if a patient would need permanent disability benefits after an accident.
If I Get Injured as a Passenger, Do I Have Special Rights?
As a passenger, you have special protections. All passengers are considered “common carriers” which means that the transporter has a duty to provide the utmost duty of care to them. This makes transportation companies strictly liable for loss, damage, and injury.
What if I’m Assaulted on a Bus?
While bus companies are obligated to provide a duty of utmost care, they cannot prevent one passenger from injuring another. This independent action does not fall under a bus company’s standard of care due to its unexpected nature.
Will My Case Go to Court?
Most likely not. Most bus accident cases settle long before the need for a trial. While these cases can be complex and involve multiple parties, everyone involved prefers to avoid going to court.
Buses Do Not Have Seatbelts. Is That Negligent?
It’s true that most buses do not have seatbelts. However, buses are designed with safety in mind, so they do not require them. If you find yourself on a bus with seatbelts, it’s highly recommended that you wear them as an extra layer of protection.
How Long Does a Bus Accident Case Take to Settle?
That depends on the extent of the damages. Some accidents can take 6 months to settle, and others can take over a year.
If Multiple People Were Involved in the Same Accident, What Should I Do?
If multiple people were in the same accident, it’s best to file your case individually. This limits the case to focus on your injuries and gets you a personalized settlement.
How Common Are Lethal Bus Accidents?
They’re not as common as one would think. Based on information from the FMCSA, in 2022, 14 intercity buses and 74 transit buses were involved in fatal crashes. Intercity buses accounted for 10% of buses involved in fatal crashes; transit buses accounted for 36% of all fatal crashes.
Contact Us Today!
With over 200 years of combined experience, our attorneys are known for their dedication to achieving justice for injured clients and their ability to handle complex, high-stakes litigation. We understand that every case represents a person whose life has been impacted. Unlike high-volume law firms, we intentionally limit our caseload to provide personalized attention and invest the necessary time and resources into every case.
This lets us develop meaningful relationships with clients and ensure they feel supported and valued throughout the legal process. We make the legal process as seamless as possible for our clients. Contact us today to schedule your free consultation!
