Accidents involving motor vehicles can be incredibly damaging, and this is especially true of accidents involving buses. Whether on your local public transit bus, or you are riding a charter bus, these vehicles are meant to shuttle large amounts of people from one location to another. As a result, buses vastly outsize the standard four-door sedan and as such can cause more of a risk to bus passengers in the event of an accident. Many who are injured in a bus accident, or are struck by a bus, are often left in the dark in regards to what their legal rights are. Fortunately, if a passenger is injured on a bus or by a bus, that individual has every right to file a bus passenger injury, or bus accident lawsuit against the party responsible for their damages. However, when filing these injury lawsuits, it is in your best interest that you seek legal representation from an attorney experienced in representing cases against a bus company. At Normandie Law Firm our Porterville injury attorneys can guide you through the process of building your case, filing your claim, and collecting compensation for the damages. In this article, we will discuss the legal rights of injured passengers in bus accidents which occur in Porterville, California. If you have any questions after reading this article, please feel free to reach out to our law offices for a free consultation from one of our well-versed legal advisors.
Porterville and Bus Accidents
In the city of Porterville, California, bus accidents can occur just as commonly as they can occur anywhere else in the world. Located just outside Sequoia National Forest, along with the foothills of Sierra Nevadas, Porterville is a Central Californian city in the San Joaquin Valley with a population last reported at approximately 58,000 people. In Porterville, there are some bus transit organizations, from the Porterville Transit Center to the privately owned Charlie Aizora Transportation company. Any of these transit organizations could be at the center of a bus accident. All of these companies and organizations are recognized as common carriers. A common carrier is defined as a person or company that transports goods or passengers on regular routes at fixed rates. Any of these common carriers are expected to provide reasonably safe transportation for their passengers. There is a wide range of causes behind bus accidents, and depending on how the accident occurred, the passengers may be able to seek monetary compensation for any of the damages they experienced as a result. Some of the common causes of bus accidents and other bus injuries are listed below:
- Bus striking another motor vehicle
- Bus Company Negligence
- Bus Driver Negligence
- Passenger slipping and falling on a bus
- A Bus striking another bus
- Bus Driver Fatigue
- Sudden Stops and Starts
- Blind Spots
- A lack of bus seatbelts
- Other Drivers
- Passenger hitting their head if the bus suddenly starts or stops
- Bus Fires
These are just some of the causes of bus accidents and injuries. If a passenger is injured by any of these causes or any other similar causes they may be eligible to file a bus accident lawsuit against the bus driver or bus company responsible for the damages. However, when filing these suits, it is important to understand and be aware of some of the common injuries these bus accidents can cause. Accurately identifying the damages that you suffered from your bus accident can make a significant difference in the outcome of your case. Listed below are some of the common injuries that a bus accident victim can experience:
- Back and Neck Injuries: back and neck injuries can vary in severity from minor neck pain to serious damage such as dislocated spinal discs. In their more serious instances, back and neck injuries can prevent victims from returning to work and performing daily activities.
- Broken Bones: The force behind a collision with a bus or being hit by a bus can be truly devastating, so much so that the force can break bones. Broken bones often take a long time to heal, especially injuries like a broken pelvis, ribcage, or even hip. These injuries could prevent a victim from returning to work and their previous state of life immediately.
- Head Injuries: The force from a bus accident can cause severe head injuries that can result in prolonged seizures, and other life-threatening Traumatic Brain Injuries (TBIs). In some, more severe cases, victims can never fully recover from their damages.
- Internal Injuries: Internal bleeding to organs like the bladder, liver, kidneys, pancreas, and spleen can be challenging to treat, and in some cases can result in a case of wrongful death
- Lacerations: Often caused by broken glass and sharp metal, lacerations can be particularly painful and can leave massive scars that never heal entirely.
- Rib and Torso Injuries: The rib cage protects a multitude of the body’s vital organs, and when it breaks the whole system beneath is at risk of prolonged damage.
- Seat Belt Injuries: While seatbelts are put in place for protection, seat belts can cause injuries like whiplash which can be especially painful.
- Spinal Cord Injuries and Paralysis: The spinal cord is an incredibly sensitive part of the body and when damaged can lead to devastating nerve damage, and may result in paralysis.
Identifying the damages suffered is just one part of filing a lawsuit against a bus driver or bus company for damages. When filing these cases, it is in your best interest that you seek assistance from a Porterville bus accident lawyer to guide you through the process.
How To File A Suit
Many bus accident victims who seek assistance from our lawyers to sue the party responsible, ask a wide variety of questions regarding their legal rights. Some of these frequently asked questions include:
- Can I sue if I was injured as a passenger during a sudden stop?
- Can I sue if I was injured during a sudden start?
- Can I sue if I was injured as a pedestrian?
The answers to these questions regarding the legal rights of victims all depend on the circumstances of the bus accident. For instance, if you were injured because a bus driver stopped suddenly, but you were not adhering to the standard passenger safety protocols, like remaining seated while the vehicle is moving, earning a satisfactory outcome for your case may be particularly challenging. However, if a bus is going too fast, and a passenger is injured as a result, or even a pedestrian is struck, then both injured parties may have an easier time proving the negligence and misconduct of the driver and bus company.
When trying to prove that a common carrier company or driver acted negligently, and caused you injury it is crucial that you collect sufficient evidence. This evidence can take the form of security video footage of the bus accident, photographs showing the damages, medical records detailing your specific injuries, and even a police report of the incident. This evidence can then be used to support the following components required to prove a claim of negligence:
- Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (Common Carrier company or driver) owed a legal duty to the plaintiff under the particular circumstances of the case.
- Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failure to act appropriately
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
- Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.
It is also vital that you can place liability accurately. For instance, if a bus accident occurs as a result of a poorly maintained bus, it is not the fault of the driver, but rather the fault of the bus company whose responsibility it is to maintain and monitor their fleet of buses regularly. When filing a suit, it is also important that you follow the statute of limitations that influence your case. The statute of limitations is defined as the time limit an injured party has to bring their case to court. If the injured party fails to bring their case to court within this specified period, they may find their case dismissed from court entirely. This ruling on case time limits tends to vary from state to state and can change depending on the aspects of your case. For instance, in the state of California, victims of bus accidents, have two years from the date of the accident to bring their case to court. For this reason, it is incredibly important that you seek legal representation from an attorney with expertise in bus accident cases against bus companies and bus drivers in the state in which your accident occurred. There are also some exceptions to the statute of limitations that may or may not apply to you and your case. Bulleted below are some of the exceptions to the statute of limitations:
- The Defendant was out of State for a period: If a defendant was absent from the state, the statute of limitations pauses until the defendant returns.
- The plaintiff is a minor: If the injured party is a minor, meaning below the age of 18, the statute of limitations does not run until the said minor turns 18.
- Mental incompetence of the plaintiff: If a plaintiff is judged as mentally incompetent during their injuries or the actions of the defendant, then the statute of limitations are paused throughout this incompetence.
- Death of the plaintiff: If a plaintiff dies before the statute of limitations runs its course, then a lawsuit can still be filed in the statute of limitations period. However, if six or fewer months remaining on the statute of limitations at the time of the plaintiff’s death, then the suit must be filed within six months of the plaintiff’s death.
- Plaintiff’s prison sentence: If a plaintiff is imprisoned, California law dictates that the statute of limitations is tolled until the plaintiff is released, or for two years whichever comes first.
- Plaintiff’s Military Service: If a plaintiff is serving in the military the statute of limitations is automatically tolled for the entire duration of the plaintiff’s service.
As mentioned many times prior, it is in your best interest that you have adequate legal representation for your case. While every individual has a right to represent themselves in court, the best way to guarantee a satisfactory outcome for your case is to seek assistance from a skilled attorney. Having the right attorney on your side can make the difference between filing a successful claim for compensation and having your case dismissed from court entirely.
How Normandie Law Firm Can Help
If you or a loved one have experienced damages as a result of a bus accident caused by the negligence or misconduct of a bus driver or company you may be eligible to file a claim for significant monetary compensation. However, it is highly recommended that you seek assistance from a Porterville law firm with experience in bus accident cases. At Normandie Law Firm, our well-versed bus accident attorneys are committed to ensuring all of our clients receive the resources they require to claim the compensation they deserve for their damages. While our law firm is based near Porterville, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Orange County, Riverside, Fresno, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
