Bus accidents are among the worst mishaps on the road and could inflict serious damage to those involved. This includes major injuries, medical expenses, and possible loss of wages due to the injuries. A California injury lawyer will suggest that you bear a few essential facts in mind as you travel the roads of the city. Below are some of the fundamental facts about California law regarding bus accident.
Bus accidents result from different factors and sometimes a combination of different factors. This may include violation of state laws, driver’s negligence, or the lapse of the bus company in cutting corners. Anyway, it is important to deal with the offenders legally, in order to prevent others from repeating similar mistakes.
A California injury lawyer would ensure proper justice to the victims. This way, you can seek compensation that you rightfully deserve. This includes reimbursement of funeral expenses, loss of emotional support, and loss of financial support.
Filing a Personal Lawsuit Post Bus Accident
A personal injury lawsuit includes a claim for any type of damage caused during the accident. It is usually caused due to the negligence or careless action by someone. In most cases, the bus operator or the employer is responsible for the negligence of their employees.
The Responsible Individuals
The people or group of individuals responsible for the accident are called the defendants. This could include the bus driver, supervisor, other vehicle drivers, bus maintenance company, city, state, or country agency, bus manufacturer, bus owner, or bus part manufacturer. Even if the person involved in the accident has a share of blame for the accident, they will be able to claim compensation for the losses incurred.
The Elements of Negligence
In bus accident injury claims, the plaintiff can claim damages by exposing the negligence on part of the defendant. The main element of negligence is the duty of care. It is the responsibility of the defendant to follow the rules of the road and ensure the safety of everyone on the road. Either the defendant breached the duty of care, or the defendant owed the plaintiff a duty of care. In any instance, the breach might be a substantial factor in triggering the damages. If the plaintiff is successful in proving the fault of the defendant, the latter will be responsible for paying the compensations.
Note that the California state law also mentions that if a driver is behind the wheels for too many hours, they will be held responsible for causing the accident.