How to Establish Negligence in a Bus Accident CasE

Due to the significant size, weight and obvious lack of seat belts involved with buses, bus accidents frequently lead to severe, life-altering injuries. No matter if the crash was with a city transit bus, a school bus or private charter, any victims have the legal right to compensation when negligence is behind the circumstances. That all begins with a necessary showing of negligence, before any recovery can occur.

We at Beverly Hills Injury Firm, are dedicated to helping those who have been involved in bus accidents obtain the full compensation they are due. Here we will outline how to prove negligence in bus accident cases and what you can do before contacting an attorney to ensure that your rights remain protected since the moment of the accident.

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How is Negligence Determined in a Bus Accident?

Negligence is when someone, whether a company or an individual, acts in a way that falls below the standard of care they owe to others which results in harm. Negligence in Bus Accident Cases

Speeding through an intersection or running a red light as a bus driver

Distracted or impaired driving

Failure to properly maintain or inspect the bus

Inadequate driver training or supervision

Poor road conditions or signage

Reckless driving of other vehicles around the bus

Liability for a bus accident might in certain cases lie with more than one party, such as the bus driver, the bus company or operator, a third-party vendor, or even a government agency.

The Four Elements of Negligence

The burden in any bus accident injury claim is on your legal team to show four specific factors if you want to establish negligence.

Duty of Care: All bus drivers and the companies that run their buses owe a duty of care to passengers. This means driving the vehicle safely, within in accordance to traffic laws and not committing offenses, maintaining the state of the vehicle.

Breach of Duty: A breach happens when the party of which had said duty breaches it. For instance, a driver being on the phone while driving, skipping service check-ups or letting an unqualified person to drive the car.

Causation: The breach of duty also will have to be proven to be the direct cause of the accident and then your injuries. Truck accidents often require the analysis of an accident reconstruction expert, video evidence or the in-depth testimony of witnesses and medical professionals.

Damages: Finally, you need to prove that the accident resulted in actual damages for which compensation may be due. These may include: Medical bills and hospital stays, Ongoing rehabilitation or, physical therapy, Deprivation of income and decreased earning capacity, Pain and suffering, Emotional distress, Permanent disability or disfigurement

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

Evidence in a Negligence Case of Bus Accident

The strongest personal injury claim is one that comes with good evidence that has been properly documented. These are some of the most important types of evidence when it comes to a bus accident case:

Police or accident reports reporting on what happened and who is to blame

Walkaround and traffic camera footage Bus/bus driver camera Business Security Cameras

Witness statements of passengers, drivers or bystanders

Bus service history and inspection records

Training and employment records of bus driver

Written records demonstrating the nature and severity of your injuries

Professional experts like Accident recreation specialists or physicians

This evidence will be used by your attorney to convey a strong understanding of what occurred and for what purpose you hold the other party responsible.

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Who Is Liable for a Bus Accident?

There are frequently numerous potentially liable parties who may be held accountable for bus accidents, a typical example of which is: The bus driver (if it could be established they were negligent or reckless,) The bus company, for negligent hiring, training, or maintenance.

If the bus is operated by a public transit agency, by government entities. Other drivers, if they did anything that caused the accident To the manufacturer, it probably played a role if a defect in the vehicle or its parts
Though real life is seldom so black and white, each case is different, and every liability determination hinges on a complex investigation by an expert legal team.

California’s Comparative Negligence Law

California is a pure comparative negligence state, which allows you to collect damages no matter how responsible you were for the incident. You will be deducted from your total compensation based on the percentage of blame you receive.

So if you are determined to be 10 percent at-fault, and your total damages were $500,000 that means you end up with only $450,000. This is why such a clear and stringent standard for showing the fault of the other party is key.

Reasons You Should Get A Lawyer For A Bus Accident Case

Bus accident claims can be quite difficult to pursue, particularly when it comes to dealing with the government or large corporate transportation services. Typically, these are well insured entities with extensive legal teams that frequently reduce payouts or reject claims altogether.
When you call Beverly Hills Injury Firm:

Investigate the accident in detail

Identify all liable parties

Save-key evidence before its gone

Hire world class accident and injury doctors

Handle all communication with insurers

Create a Powerful Argument for 100% Payment

Try the case, if needed

We know the strategies employed by big transportation companies and public entities and we respond with precision, planning, and advocacy.
Do Not Hesitate, Time to File is Very Limited
In California, the statute of limitations for personal injury is usually two years from the date of the accident. This timeline could be much sped up (as little as 6 months) if a government entity is involved (like in bus accidents), and you have to file a claim against the government.

If you miss these deadlines, you may forfeit your right to recovery. Get your own advice, do NOT wait. Speak with Beverly Hills Injury Firm Today For a No Free Consult

Do not go through the aftermath of a bus accident alone if you or a loved one has suffered injuries. Beverly Hills Injury Firm is determined to ensure that the negligent party answers for their actions and are available to demand the compensation you need to get your life back on track.
Contact us now for a complimentary evaluation!
Let us defend your rights and get you all the compensation you are entitled to.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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