Blythe Tour Bus Accident Leaving 4 Dead Many Injured
Our office is currently investigating a recent tour bus accident, which resulted in 4 fatalities and many more injured when a tour bus overturned. Initial eyewitness reports indicate that the tour bus overturned when it was attempting to avoid coming in contact with a load of steel pipes. According to reports the steel pipes, which were left behind by a jack-knifed semi truck were the cause of the accident. However, injured parties can pursue both the tour bus company as well as the semi-truck and a host of different parties of the injuries. If you or your loved ones were involved in this accident we would like to hear from you.
Tour Bus Liability for the Injuries and Deaths Resulting from the Accident
Tour bus companies are considered common carriers. Common carriers owe the passengers the highest duty of care. Additionally, passengers are considered negligent free . Negligent free passengers are not responsible or in any way held accountable for the injuries sustained by the negligence of the bus operator. In this particular case the insurance company for the tour bus company, El Paso Los Angeles Limousine Express Inc., will argue that it was the steel pipes left on the highway from the semi truck that are responsible for the accident. While, this is in-part accurate, it does not completely absolve them of liability. In fact the tour bus operator should have kept a safe distance so as to avoid contact/impact with any objects on the highway.
However, it is likely that a percentage of fault will be attributed to the semi truck and a portion to the tour bus operator. Although, since this investigation is still ongoing it is difficult to determine or substantiate these facts.
Semi Truck Liability for the Accident
According to reports a semi truck had over-turned on the highway spilling debris, steel pipes, which the tour bus ultimately made contact with or tried to avoid making contact with that resulted in the accident. In such cases it is possible to pursue the insurance policy of the semi truck company in order to achieve maximum results. However, it will first need to be determined whether the steel pipes were improperly fastened or whether the jack knifed semi truck was negligent in any way.
Finally, as a side point it is possible to pursue a claim against the manufacturer or owner of the steel pipes. If it can be substantiated that they in any way failed to properly secure or transport the product.
Filing a Wrongful Death Lawsuit
A wrongful death lawsuit can be pursued if your loved one was killed in the following accident. To pursue a wrongful death cause of action you must first file a lawsuit against the proper entities for your loss. Keep in mind that only immediate family, spouses and children can pursue a claim for injuries.
Wrongful death lawsuits are brought on by the families of the deceased. In order to file a wrongful death lawsuit, you must file your case within 2 years from the date of the accident. If a case is not filed within 2 years from the date of the accident, you will be barred from pursuing a claim for damages.