Can I Recover For My Bus Accident Injuries? - By Accident and Injury Lawyer Lem Garcia
When you ride the public bus, you trust that the bus company hired responsible and competent drivers who will drive carefully when they take you from one place to another. Unfortunately, bus drivers may drive negligently, or even worse, recklessly, and cause serious injuries to you and your fellow passengers.
Some people believe that when they ride the public bus they are taking the risk that the driver will drive negligently and they will not be able to recover anything if they are injured while they are riding the bus. This is not true. If you have been injured by the negligence or recklessness of a bus driver, you may be able to receive compensation for your medical care, missed time from work, and pain and suffering.
Bus Drivers Are Held To A High Degree of Care
Common carriers are held to a high standard of care in the safety of its passengers. Common carriers are simply businesses that transport people from one place to another for money. Public buses take people from one place to another for a fee and is therefore considered a common carrier. As a common carrier, the public bus according to the California Civil Jury Instructions "must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers [or property]. "
Act Quickly To Preserve Your Rights
Therefore, if you or someone you know has been injured by the negligence or recklessness of a bus driver, it is important that you speak to an attorney to not only know your legal rights, but also to preserve them. You only have a limited amount of time to pursue your claim. If you do not act on your claim within the time allowed, you may lose all of your rights to seek compensation. Generally, the statute of limitations for personal injury claims in California is two years form the date of injury, but some common carriers impose a shorter statute of limitations to pursue your claim.
If You Think You Might Need a Personal Injury Attorney, You Probably Do
Not only will an attorney to help you preserve your rights, but an attorney will also help you build your case from the beginning so that valuable evidence is not lost and important witnesses are interviewed promptly before their memory fades. If you wait to speak to an attorney, critical evidence may be lost and the value of your claim could be significantly diminished or lost entirely. Whether you decide to speak to a lawyer or not, it is important that you know what are the common types of bus accidents you may be able to receive compensation for.
Common Types of Bus Accidents
Bus drivers typically breach their duties by operating the vehicle negligently. This includes but is not limited to the following:
- Driver accelerated too quickly;
- Driver applied to brakes too abruptly;
- Driver failed to operate the handicap equipment competently;
- Driver disobeyed traffic laws, signs, and signals;
- Driver was speeding;
- Driver inexperience;
- Driver was at fault in a car accident;
- Driver was texting while driving;
- Driver was on the phone while driving;
- Driver was trained poorly
- Driver was under the influence of drugs or alcohol;
- Distracted driver;
- The bus was maintained poorly.
How to Prevail on Your Bus Accident Claim
In order to prevail, you must prove the following:
- The Defendant owed the Plaintiff a duty (common carriers owe its passengers a high degree of care);
- The Defendant breached that duty;
- The breach was the proximate and legal cause of the Plaintiff's injury;
- The Plaintiff suffered an actual injury.
West Covina Personal Injury Lawyer, Lem Garcia
I believe that if you or someone you know has been injured while riding the public bus, it is important that you speak with a lawyer right away to make sure you preserve the value of your case, build a strong case from start to finish, and ultimately maximize your compensation for your injuries.