BBus accidents can be incredibly damaging for those onboard, and even pedestrians nearby. These vehicles often vastly outweigh private passenger vehicles, and as such, they have a far higher force of impact behind them. When buses get involved in accidents, the victims are put through this extensive force and can be left with some injuries that can affect them for a lifetime. However, many buses are considered common carriers and as such are expected to uphold a certain standard of care and caution while transporting passengers. If a passenger is injured on a bus as a result of an accident caused by the negligence or misconduct of a driver or bus company, that passenger has every right to file a bus passenger injury lawsuit. It is important to note that when filing these lawsuits it is in your best interest that you seek legal representation from an attorney experienced in cases filed against bus companies and bus drivers. Having the right attorney on your side can make all the difference in the outcome of your case. At Normandie Law Firm, our lawyers can help you sue the bus company or bus driver responsible for the damages that you or your loved ones have had to endure. 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.
Bus Accidents in Visalia
Bus accidents can happen anywhere there is a bus transit program, or charter bus company operating. The location of focus in this article is the city of Visalia. Visalia is a city located in the agricultural area of the San Joaquin Valley in California. Located roughly 230 miles southeast of San Francisco, and 190 miles north of Los Angeles, the city sits as a middle point between two of California’s largest cities. According to a 2015 census, the population of Visalia, California was approximately 130,104 people. Visalia is the fifth largest city in the San Joaquin Valley and as such has some public and private bus companies that transport people around the city. Local companies like Visalia Transit, Classic Charter, and Sequoia Shuttle all offer locals transport, however, as a result, are considered common carriers. A common carrier is defined as a person or company that transports goods or passengers on regular routes at a fixed rate. Common carriers are expected a certain degree of caution and care when transporting their passengers. If for instance, a passenger slips and falls on a bus in Visalia because the driver was going too fast for the passenger, that passenger has every right to retain a Visalia bus accident lawyer and sue the common carrier. However, some things should be taken into account when attempting to file a bus accident lawsuit, such as the cause of the accident; the damages endured; the statute of limitations; and the process involved in suing the common carrier.
Bus Accidents: The Causes and The Damages
One of the key things to take note of when filing your bus accident lawsuit is being able to identify the cause of the accident. Accurately identifying the cause of the accident can make the difference in the outcome of your case. For instance, if the bus suddenly stops and you slip and fall the hit your head, it could be found that the bus driver acted negligently which led to your damages. However, if it is found that you were not following the proper safety procedures and the bus started suddenly which led to your injuries you may not be able to claim compensation successfully. Listed below are some of the common causes of bus accidents and other bus-related injuries:
- 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 possible causes of bus accidents. In truth, a bus accident can occur whenever a bus driver or bus company doesn’t properly live up to the standard expectations of every common carrier. While identifying the cause of the accident is important, when filing an injury lawsuit for a bus accident it is crucial that you can accurately determine your damages. These damages can range from minor bumps and bruises, to even wrongful death, and it is vital that you can adequately show the degree of damages you suffered in your case. Listed below are some of the common injuries that arise after bus accidents:
- Back and Neck Injuries: back and neck injuries can vary in severity from minor neck pain to severe 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.
Once you’ve identified the cause of your accident, and the damages suffered, it is in your best interest that you seek assistance from a Visalia injury attorney with expertise in bus accident cases made against bus companies and bus drivers. With an experienced attorney by your side, you can more adequately navigate the complicated process involved in bringing your case to an eventual settlement.
The Process of Filing A Suit
Often, bus accident victims from Visalia come into our firm asking some questions regarding how they can seek compensation for their damages and their legal rights as victims. It is important to note that every case is different and that there is no one right path to a successful settlement. However, to give you an idea of what kind of questions our attorneys are asked, we’ve compiled a list of some frequently asked questions below:
- 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?
To answer these questions simply, yes, you can sue for injuries caused by a bus accident. However, you must be able to prove that the bus company or bus driver’s negligent actions directly contributed to your injuries. One of the most important things you should do immediately after your accident is to collect all the evidence you can. This evidence can include bus security camera footage, photographs of the accident, medical records detailing your injuries, and even police reports detailing the accident. This evidence can then be used to support all the important aspects of your case.
When bringing your case to court, an experienced attorney will recommend that you file your case within a certain time frame. This time frame is known as the statute of limitations, and if you do not adhere to it, you could find your case dismissed from court entirely. The statute of limitations vary from state to state and can change depending on the aspects of your case. It is also important to note that some exceptions could come into play in your case. Some exceptions to the statute of limitations include:
- 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.
The complexity surrounding the statute of limitations is one of the key reasons why having a skilled attorney on your side can make all the difference in your case. An attorney can also help you use the evidence you collected to support a claim of negligence. Being able to prove that the defendant’s negligent actions led to your damages is a critical part of every personal injury case. Listed below are the components involved in every successful 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.
As mentioned prior, it is within every individual’s right to represent themselves in court, however, to better guarantee a positive outcome for your case, it is highly recommended that you seek legal representation from a Visalia law firm with experience in bus accidents.
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 Visalia 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. Those who file a claim with our law firm can expect to find some if not all of the following damages compensable to them:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
While our law firm is based near Visalia, 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.
