What Happens If A Bus Hits Your Car In California
Car accidents can involve various types of vehicles and although you might know what to do if you are involved in an accident with another passenger vehicle or motorcycle, you might not know what to do if a bus hits your car in California.
A lot of the process is similar to what you would do if you were involved in an accident with a commercial truck. This is because, as with a truck accident, the bus driver might not be the only party liable for your car accident claim.
There might be several parties responsible for the collision. However, this isn’t a bad thing. When more parties are involved in a personal injury claim, the plaintiff has a higher chance of receiving adequate compensation.
In some instances, personal injury cases that involve more than one party generally resolve faster as the other parties pay for the damages of the victim instead of a single entity. Here is everything you need to know about bus accidents in California and how you should proceed.
Immediate Steps to Take After the Bus Accident
In a bus accident and car collision situation, there are several important steps that the plaintiff must follow to secure and strengthen their claim. Here is what to do if a bus hits your car:
Ensure Your Safety
The first thing you should do after a bus accident is to check if you or any of the passengers in your vehicle are injured. Even if you do not feel pain or have visible signs of injury, you are still advised to seek medical attention.
This is for two primary reasons. The first one is to take care of your health. Not all injuries manifest right away. Some don’t have pain symptoms and others only do so after the adrenaline rush of the accident wears off.
The second reason is to have medical records that you can correlate with your accident. Otherwise, the defendants might claim you were injured elsewhere. If you do not seek medical attention right away, the party that you intend to sue and their insurance company will argue that your injuries were not that severe or that you intentionally aggravated your injuries by not seeking help. Contact emergency services and accept medical attention to avoid any such complications with your claim.
Pull your car over to the side of the road and turn on your hazard lights to increase awareness of the situation to prevent other vehicles from getting involved in the crash.
Contact Authorities and Your Insurance Company
In most cases, it’s best to contact authorities to report the accident. In California, you are required by law to contact the police and report the accident if it resulted in injury, death, or property damage exceeding $1,000.
Let the dispatcher know the exact location of the bus accident, describe all vehicles involved, and your injuries. When authorities arrive, they will conduct an investigation, and the police report will be helpful in determining your car accident claim later.
They will also establish if the other driver was impaired and help you gather information, such as insurance information. It’s also important to contact your own insurance company and let them know about the incident.
Gather Evidence
A serious accident always has evidence and you should try to gather some. Before leaving the accident scene, if you are able, take photos of your injuries, the damage to your vehicle, and the other vehicles involved.
Highlight any hazardous conditions present on the road that might have contributed to your accident or that can show how the accident occurred. Get the bus driver’s name, contact information, and insurance details before leaving.
If there are eyewitnesses like pedestrians, other car drivers, or even passengers from the bus, get their contact information as well. Their testimonies will help strengthen your claim.
Contact a Bus Accident Lawyer
Lastly, contact a bus accident lawyer and let them know about your case. Most personal injury lawyers can offer you a free consultation on your case.
At Crown & Stone Law, P.C., whether you need a bus or truck accident lawyer, we’ve got you covered. Our dedicated personal injury attorneys will help you gather evidence for your case and work alongside third-party experts, such as accident reconstruction professionals, to strengthen your claim and help you seek fair compensation for your losses.
Legal Responsibilities of Bus Drivers and Bus Companies
All bus drivers and bus companies have an increased legal duty of care. The duty of care in the transportation industry refers to driving vehicles responsibly and adhering to traffic laws and regulations.
Each of these legislations is meant to ensure the safety of everyone on the road and bus passengers. When a bus driver is involved in an accident, various elements will be investigated to determine the liable party and their level of negligence.
Understanding Liability in Bus Accidents
Sometimes, it is not just the bus driver at fault. The bus company has a responsibility to train its drivers and maintain its fleet in good working condition. If, after an investigative process, it is determined that the bus company was also negligent in its hiring practices or maintenance duties, then it, along with other third parties, can also be held liable for your car accident.
A personal injury attorney can help you determine if only the bus driver is responsible for your collision or if the bus company or other entity also shares fault. Contact Crown & Stone Law, P.C., for a free consultation today to learn more.
Common Causes of Bus Accidents
Bus accidents aren’t as common as other types of vehicle accidents; however, when they occur, these are some of the most common reasons:
- The bus driver was distracted or driving recklessly
- Failure to yield the right-of-way or obey traffic signals
- The bus experienced a mechanical failure due to poor vehicle maintenance or substandard manufacturing quality
- Inclement weather or hazardous road conditions. In some of these situations, another entity can be held liable for failing to maintain the roads
When the Bus Driver is Liable
In some situations, the bus driver is the only liable party for a bus accident. This happens when all the negligence can be clearly attributed to them. It occurs when it is discovered that they:
- Operated the vehicle in a reckless, distracted, or otherwise negligent manner
- The bus driver’s actions are the sole cause of the accident without any contributory negligence from other drivers
- The bus driver did not follow relevant traffic laws
- The bus driver was impaired
In such cases, the bus company’s commercial auto insurance policy would be the primary coverage and source of payment for your damages but there are situations where the bus driver’s personal insurance can come into play. This usually occurs when the damages exceed the bus company’s policy limits.
Filling an Insurance Claim
When you pursue a bus accident claim in California, you must file the insurance claim accurately and correctly. Include the date, time, and location of the accident. Do not provide more than the minimum details to your insurance company and do not give a recorded statement. Call our attorneys first to help you navigate through your dealings with the insurance companies.
The names and contact information of all the involved parties should be written in the claim, and you should also provide physical evidence such as photographs of the accident scene.
A personal injury attorney can help you file a strong case and take care of the paperwork for you. They can also help you gather evidence and negotiate with the insurance company on your behalf.
Dealing With Insurance Adjusters
You will most likely deal with insurance adjusters following your bus accident. They might try to offer you an early settlement to bring the case to a resolution. However, do not accept a settlement before consulting with your lawyer.
No one can know the true extent of their damages and their worth early on, especially regarding their injuries and medical treatment.
Never admit fault or provide any recorded statements. Consult a legal team, keep copies of the police reports and other relevant documents that you attached to your claim, and track all your communications with the insurance company.
Potential Legal Actions
When you pursue a bus accident claim, there are basically two ways to resolve it. You can file a claim and reach a settlement through negotiations or file a lawsuit. It’s worth mentioning that under the California Tort Claims Act, you cannot file a lawsuit without first giving written notice within six months of your injury or discovery of the injury.
You can work alongside a personal injury lawyer to help you in your settlement or trial endeavors. Working with an attorney does not necessarily mean that you will take your case to court directly.
On the contrary, most automobile accidents settle outside of court. An attorney will let the other party know that you are serious about your claim.
Settlement Negotiations
When you have sufficient evidence against the bus driver or bus company that clearly shows their fault and the severity of your injuries and other damages, you will enter the negotiation phase after filing a personal injury claim.
Your lawyer will argue for a fair settlement amount that accurately represents your losses. Your lawyer will help you seek damages for your past, present, and future medical expenses, rehabilitation costs, property damage, pain and suffering, lost wages, and other resulting damages.
Your case can end here, but only if the other party is willing to accept your terms. If they refuse to offer a fair settlement, your lawyer will help you take your case to trial.
Filling a Lawsuit
Sometimes, bus companies will deny liability or offer a low settlement amount that does not represent your losses. Filing a lawsuit is one of your legal options.
In a lawsuit, a judge and jury will determine the outcome of your case and your lawyer will strengthen your case for the trial. Your lawyer can strengthen your case through expert witness testimonies.
Expert witnesses are professionals in their respective lines of work, such as healthcare providers or accident reconstruction specialists. These professionals will give testimonies in your case to demonstrate how the accident and injuries occurred.
Although it is rare for a bus accident case to reach the final trial stages, it sometimes happens, especially if there are multiple parties involved in the case, such as manufacturers of bus equipment. Usually, most automobile accident lawsuits end in pre-trial proceedings or during the stage where the involved parties share their evidence. However, if you work with an experienced trial lawyer, you can focus more on your recovery and healing as they will handle every aspect of your case.
At Crown & Stone Law, P.C., our dedicated trial lawyers will highlight your damages and seek to give you a fighting chance at maximizing your total damage awards. Even if you share some degree of fault for the bus accident case, you can still recover damages with sufficient proof of the other partys’ negligent actions. Contact our law firm today and let us hear about your case and learn more about your legal options.
Car Accident Laws That Can Affect Your Case
In California, there are several laws that can affect your bus accident case. The most important one is the state’s pure comparative negligence system. In this legal doctrine, all parties involved in a vehicle collision can share some of the fault based on the available evidence.
However, even if you are assigned 99% fault for the incident, you can still recover damages. In other states, usually, if you are more than 50% at fault you are barred from receiving damages. The percentage of fault assigned to you will reduce your total damage awards. For example, if your total damage award is $100,000 and you are assigned 10% fault, then you will receive $90,000 in damages.
Since this law strongly affects the financial aspects of every vehicle collision case, all the parties involved will try to reduce their percentage of fault. In this case, the bus company will do everything they can to reduce your compensation.
Another important law that can affect your bus accident claim is California’s statute of limitations. The statute of limitations is the legal timeframe when a party can file an injury claim or sue for damages.
In California, you only have two years from the date of the accident to pursue a claim. If you miss this legal deadline, then you might be barred from pursuing a claim later. The statute of limitations is meant to ensure that claims are not filed randomly.
From a legal perspective, the sooner a claim is filed, the better. This is because the evidence is more readily available and the testimony of eyewitnesses is more reliable. If a fatality occurred during the bus accident, then the statute of limitations is also two years but it begins from the date of death and not the date of accident.
Damages in Bus Accidents
Bus accidents can result in severe injury and property damage. Medical bills, property damage, and lost wages are economic damages because they are quantifiable losses. In a claim, you can pursue compensation for your past, present, and future medical expenses, as well as lost wages.
However, you can also pursue non-economic damages such as pain and suffering, emotional anguish, PTSD, and other mental conditions. Non-economic damages are usually worth more than economic damages. However, they are complicated to prove in court.
To prove them, you must provide written statements from your perspective of how the incident affected your life, the statements of your family and friends, and the healthcare professionals treating you, such as therapists and psychiatrists.
It is essential to follow all medical appointments to prioritize your health and well-being. If you do not do this and your case faces scrutiny, the other parties might use this against you.
How Crown & Stone Law, P.C. Can Assist You With Your Personal Injury Claim
Dealing with a bus accident isn’t easy as these vehicles, just like trucks, are large and heavy, and collisions with them will involve severe injuries and losses and a lot of hassle with other parties such as the bus company and their insurance providers.
However, you do not have to fight them alone. With a dedicated legal team by your side, you can strengthen your case and focus on your recovery while the lawyers do the hard work. At Crown & Stone Law, P.C., our dedicated bus accident lawyers have helped victims of personal injury for many years and guided them toward successful resolutions. Contact our law firm today to learn more about your legal options and rights and let us help you hold the responsible parties liable for your damages and losses.
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