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Answers to the Twelve Most Frequently Asked Questions in Bus Accident Cases (1)
1. If I am injured or a loved one is killed while a passenger
on a bus, who can I sue for my losses?
You can sue anyone who is potentially responsible for the
accident, including the operator of the bus, the bus company
(whether publicly or privately owned), any other vehicle involved
in the collision and anyone else that may have caused the
collision such as the manufacturer of a defective vehicle or the
owner of a dangerous roadway. However, keep in mind that in most
bus accidents the bus company is going to be in a better
financial position to pay for your losses than other vehicles
involved in the accident.
2. If I am a passenger of another vehicle involved in a bus
collision or a loved one was killed as a passenger in a
vehicle involved in a bus collision, who can I sue?
You can sue whoever was potentially at fault for the
accident. This would include the bus operator and bus company,
the driver of your own vehicle, the drivers of any other vehicles
involved in the accident as well as any other person or entity
which may have in any way contributed to the accident. In the
case of a serious injury or death, it is usually wise for an
attorney to order a thorough investigation to make sure that all
potential defendants are included in the case.
3. If I am a driver of a vehicle that is involved in a bus
collision, who can I sue?
You can sue the operator and owner of the bus as well as any
other person or entity who is responsible for the accident.
4. If I am a pedestrian hit by a bus or a loved one was killed
by a bus while walking or waiting for a bus, who can I bring
a case against?
Like everyone else who is unfortunately involved in a motor
vehicle collision, you can bring your case against any person or
entity whose wrongful conduct is responsible for your losses.
This can include the bus operator and the owner of the bus that
hit you, any other vehicle operator whose improper actions caused
the bus to hit you, an illegally parked car that blocked the bus
driver's view of you or a public entity who poorly designed the
sidewalk or crosswalk where you were hit. A thorough
investigation needs to be performed to learn of all possible
defendants.
5. If I am a passenger on a bus, do I have any special
protections?
Yes, as a passenger, you do have special protections that
other people injured by buses do not have. A bus is considered a
"common carrier" and as a common carrier the bus company owes the
"utmost duty of care" to you.
A bus company must do all that human care, vigilance and
foresight reasonably require under the circumstances and is
responsible for even the slightest negligence.
6. When does the special duty of care of a bus company owes a
passenger begin and end?
The special duty of care begins before you even get on the
bus. It can begin while you are at a bus stop if the bus stop is
created in a dangerous manner. Further, it certainly begins when
you put one foot on the stairs to walk onto the bus. The duty
continues until you are safely off the bus and on the curb. If
the bus drops you off at an unsafe location, such as the middle
of the street, the bus operator and bus company have violated
their duty of care to you.
7. Is there anything that I have to look out for if the bus
company is owned by a public entity such as the Muni Railway
in San Francisco?
Yes. Whether you are a passenger on the bus, the driver or
passenger in another vehicle which collides with a bus, or a
pedestrian that is hit by a bus, you must bring a claim against
the public entity within six months.
This would also be true if you want to bring a case against
a public entity claiming that a dangerous condition of public
property contributed to the accident.
In the case of a wrongful death, a claim must still be
brought within six months by the survivors. Although there are
exceptions to this claims statute, there are very few. The claim
requirements are very strict and detailed; thus, you should seek
the advice of an attorney as soon as you can after an accident.
If you have waited more than six months you should still seek the
advice of an attorney because there are a few exceptions to the
six-month claim statute of limitations.
8. What if I am assaulted while on a bus. Can the bus company
be held responsible for this assault?
Maybe. As part of a bus company's duty of "utmost care", it
must use the utmost care and diligence to prevent one passenger
from injuring another. However, even under this standard, a bus
company is not liable for failing to prevent an attack that it
did not know or should not have known was about to occur.
9. If the bus involved in the accident is not publicly owned,
how long do I have to bring a lawsuit?
Remember, if the bus is publicly owned, you have six months
to bring a claim. You also only have six months to bring a claim
against any other public entity responsible for your losses. In
the absence of a public entity, you have one year from the date
of the accident to bring your case. In certain limited
circumstances, this can be extended based on "delayed discovery."
10. What damages am I allowed to recover in a bus accident?
If you are injured in a bus accident you are entitled to
recover damages for your past and future medical expenses, past
and future wage loss, and past and future pain and suffering.
If your loved one is killed in a bus accident, you are
entitled to recover the value of future monetary contributions
from the decedent, and the value of any personal services, advice
or training that would have probably been given by your loved
one. Further, you are also entitled to recover for emotional
distress damages for loss of love, companionship, comfort,
affection and society.
If the bus is owned by a public entity, you are not entitled
to recover punitive damages against the public entity, but can
against the bus operator.
In a wrongful death case, you are not entitled to recover
punitive damages; but, if the decedent lived for even a moment
after the accident, you can bring a survival action and recover
punitive damages as long as the defendant is not a public entity.
11. Do I need an attorney to bring a case involving a bus
accident?
Think of it this way. Within seconds from the time of the
accident the bus operator will have called the claims department
of the bus company. If, for instance, the bus accident occurred
in an urban area, the claims investigators will be at the scene
within five minutes. They will take statements, measurements,
pictures, and do everything they can to make sure that you will
lose your case against the bus company. Do you think you need an
attorney to combat these tactics?
12. Will my case involving a bus accident settle out of court?
Probably. 90-95% of bus accident cases settle at some time
before trial.
1. Most legal questions require complex answers. The answers
provided here may not be complete or fully accurate but attempt
to provide consumers with abbreviated answers. For more detailed
answers to these questions, a consumer should check out other
articles in this section of this web site, research other legal
articles and texts on the subject matter or consult with an
attorney.
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