Can You Sue After a Bus Accident?
Do you know what to do after a bus accident? Most injury victims do not. The frightening experience is made worse by the number of passengers, the size of the vehicles involved, and the general chaos of an accident scene. Your immediate priority should be to get medical care and start healing from your injuries. You should not have to worry about filing claims or fighting with the insurance company during this stressful time. At Deldar Legal, our experienced San Jose bus accident attorneys know how to fight for a victim’s right to compensation. Call (844) 335-3271 to schedule your free consultation.
Who Can Be Sued for Bus Accident Injuries?
There are many different individuals and companies that could be liable for causing a bus accident. The party who is found to be legally at fault also has a legal obligation to compensate you for your injuries. This is why it is important to consult with an experienced bus accident attorney who knows how to identify the party at fault. Here are some of the most common defendants in a personal injury case involving a bus accident:
A driver who causes an accident through careless driving is negligent. This means that he or she is found to be legally responsible (“liable”) for causing the accident, and will have a legal obligation to compensate injury victims of that accident. This is why California – like other states- has a Compulsory Financial Responsibility Law that compels drivers to carry liability insurance. A driver who causes an accident with a bus must compensate all injury victims. In the case of a large commercial bus, there could be many injury victims clamoring for compensation from a single personal auto insurance policy. The mandatory minimum coverage of $30,000 per accident will not go very far if there are many victims. This is why it is so important for bus accident victims to be represented by their own personal injury attorney who knows what legal options are available for compensation.
The Bus Driver and His or Her Employer
The driver at fault could, of course, be the driver of the bus. In such a case, the insurance policy covering the driver would have an obligation to compensate the injury victims. There is a general rule of law that holds employers liable for any negligence committed by their employees while acting in the scope and course of employment. This is important in bus accidents, as large commercial buses are almost always driven by paid employees of a state or city, a public transit company, or a private transportation company. These employers are liable for injuries caused by their employees’ negligent driving. This is why they are careful to purchase commercial insurance policies with higher limits than personal auto insurance policies. This can create more funds available for the many injury victims of a bus accident. Unfortunately, it can also mean that the insurance company will be even more aggressive in denying and devaluing claims. Commercial insurance policies are often guarded by specially trained claims adjusters and an army of lawyers. It is important for an injury victim to have his or her own lawyer who can fight against these hired guns.
The Company That Owns or Operates the Bus
A company that owns or operates a bus can also be held liable for bus accident injuries. In some cases, the owner of the bus is a different individual or company that the company that operates the bus. For example, a tour bus might be owned by a transportation company and leased to a company that runs private bus tours. The bus driver could be an employee of either company. In such cases, there are often complicated questions of liability. It is important to have a bus accident attorney review your case so that you are able to hold all negligent defendants accountable for their dangerous conduct. Doing is the only way to ensure that you obtain compensation for your losses and prevent negligent drivers from injuring other innocent bus passengers in the future.
The Bus Manufacturer
Individuals and companies that manufacture consumer goods have to make products that are safe for the public to use. If a product is being used an intended but still injures the consumer, the manufacturer is held liable for the injuries. The victim does not have to prove that the company was negligent. What does this mean for bus accident victims? Imagine a company makes school buses. Children ride the bus every day, and it is assumed that the bus is safe for ordinary riding activities. But what if there was a manufacturing defect in the brakes? The school bus driver might be involved in an accident through no fault of his or her own. In this example, the manufacturer would be legally responsible for the accident and have to compensate all the injured children for their losses.
School bus manufacturers are not, of course, the only companies that can be held liable for bus accidents. Manufacturers of commercial buses, public buses, and private buses all owe the same duty of care to the consumer. Manufacturers of individual parts can also be subject to product liability claims. This is a common issue in defective airbag cases. Brakes, seat belts, and other critical safety components are often the subject of product liability claims, as well.
Experienced, Aggressive San Jose Bus Accident Lawyers
A bus accident is a terrifying experience. You should not have to deal with the insurance company and thei1r army of lawyers while you are recovering from your injuries. If you or a loved one has been involved and want to sue after a bus accident call Deldar Legal at (844) 335-3271 or contact us online today to schedule a free consultation. Our experienced San Jose personal injury attorneys have helped many California injury victims protect their legal rights. Don’t let the insurance company convince you that your claim is not worth very much – retain an attorney to fight for your legal rights.
Posted in: Bus Accident