Despite the general decline in public transport use by residents of Southern California, plenty of Californians still ride buses and trains to and from their place of work each day.
Unfortunately, traveling by public transit is not always a flawless or safe experience. In the case of city buses, you are still on highways and busy roads with other automobiles. Accidents can happen when using city transit. Just like being behind the wheel of an automobile or being a passenger in a personal car, injuries or fatalities can occur.
In February, a tour bus driving through Southern California hit two oncoming cars. The auto accident killed one and injured over two dozen more. The victims of this accidents now have medical bills to pay and grieving family members left to mourn them. They can sue the company that owns the tour bus for negligence.
What is Driver Negligence?
If a driver behaves in a careless way and has caused injury or harm to a passenger or fellow driver, he or she can be found guilty of negligence. In many auto accident cases, a driver can be seen as negligent if an accident is caused due to the person doing something they should not have done. This may include:
- Running a red light
- Not turning on headlights at night
- Not yielding to oncoming traffic
- Not yielding to pedestrians
Suing for Negligence
In the case of the 26 people injured in the tour bus crash, a lawsuit can be brought against the bus company that owned the vehicle and employed the driver. The attorney for the injured (plaintiffs) will need to show that the bus driver acted without taking “reasonable care” while driving. In basic terms, the court will ask if the driver showed a reasonable amount of responsibility when driving and encountering other vehicles. Did the driver act in a “reasonable” way?
If the driver does not meet the criteria of what a “reasonable” person should have done on the road, then he or she may be found negligent, as well as his or her employer.
Were Injuries Caused by the Bus Driver?
The 26 passengers involved with the tour bus accident must prove that their injuries were caused by the bus driver. If one of the passengers received a broken arm in the accident, then that passenger must prove that it was the negligence of the driver that caused the injury in order to recover for that injury. On the other hand, if someone that was involved with the tour bus accident already had a broken arm, and it wasn’t injured further, that person would not be able to recover for that broken arm.
Can a Victim Receive Compensation?
A passenger on the bus that broke his or her arm may be entitled to compensation for the injury. If the passenger has missed work or is unable to fulfill a regular daily responsibilities, compensation may be granted.
In the coming weeks, we will take a further look at driver responsibility.
Flahavan Law Offices: Injury Lawyers Ventura County and Los Angeles County
If you or a loved one has experienced a traffic accident in Ventura County or Los Angeles County associated with driver negligence and the medical expenses that come after it, contact Flahavan Law Offices. Flahavan Law Offices specializes in personal injury cases and can give you advice on achieving the compensation you deserve. Visit our dedicated page on bus accidents or contact us directly. Flahavan Law Offices is here to help with all your personal injury law needs.