Category Archives: Bus Accidents

What Should I Do if I’m Injured on Public Transportation?

Friday, July 10, 2020

Injuries on public transportation can be painful. From falling down when the driver makes an unsafe turn to suffering broken bones and lacerations in a bus crash, these accidents can result in expensive medical costs, long periods of time out of work, and damage to your personal property.

You may choose to file a personal injury lawsuit in civil court to recover compensation for these losses. However, filing a lawsuit requires an understanding of liability, California’s common carrier laws, and the potential damages you may be eligible for.

Who Is Liable for a Public Transportation Accident?

The first step to filing a lawsuit for public transportation injuries is to identify the at-fault party in your claim. Your entire case will depend on proving this defendant’s negligence, and you cannot begin the filing process until you identify who is responsible for your injuries.

Liability in public transportation cases can be complex. If a bus driver was responsible for the accident, you will usually file your claim against the state or local government or regional transportation authority who employs him or her.

In cases where a third-party driver is responsible for the accident, you will file the claim directly against him or her. You can either file a claim with the at-fault driver’s insurance company or a lawsuit in civil court.

California’s Common Carrier Laws

If you are in a car accident while in a motor vehicle, you can collect damages for your injuries by proving the other driver’s negligence. To secure your settlement, you must prove that the at-fault driver owed you a duty of care, breached his or her duty of care to you, and this breach of care directly caused your injuries.

For public transportation accidents, you will still need to prove the at-fault party’s negligence to win your case. However, California law considers all public and private transportation companies to be common carriers and subject to a higher standard of care than a regular driver.

California’s common carrier law requires common carriers to use the utmost care and diligence for the safety of their passengers. In addition, common carriers must provide everything necessary to uphold this duty of care and use a reasonable degree of skill to carry out these requirements.

If a common carrier does not uphold this duty of care, you may be eligible for financial compensation. Common causes of negligence in public transportation cases include the following.

  • Distracted driving
  • Drowsy driving
  • Unnecessary stops and starts
  • Driving under the influence of alcohol or drugs
  • Failure to maintain public transportation vehicles
  • Inadequate driver training
  • Collisions with another motor vehicle

Immediately following your accident, collect as much evidence as you can to identify its cause. Take pictures and videos, ask witnesses for their contact information, and seek medical attention to receive treatment for your injuries.

Contact an Injury Attorney

One important consideration you must keep in mind for public transportation cases is that the statute of limitations differs in these lawsuits than in other motor vehicle accidents. If you are filing a claim against the government, you must file your lawsuit within six months after the accident or the court will likely dismiss your claim.

This deadline is much shorter than the standard personal injury deadline, which is two years from the date of the accident. To ensure that you meet this statute of limitations, contact a public transportation accident attorney.

Your attorney can provide a number of benefits beyond helping you file your lawsuit. Your lawyer will have a strong knowledge of common carrier and personal injury law, be able to connect you with resources to build your case, and can estimate your damages so you do not accept an insufficient settlement. As soon as possible after your accident, contact your attorney to discuss your legal options.

Posted by highrank at 4:48 pm

Can Social Media Impact My Case?

Tuesday, April 7, 2020

Today’s personal injury cases have several unique considerations that yesterday’s did not. With the advent of social media, it’s easy to share sensitive details of our personal lives in what we believe is a private forum.

However, your social media posts may be accessible to the defendant, members of the defendant’s legal team, and other individuals involved in your claim. What you post online can have a significant impact on your personal injury case — and likely not a positive one.

Social Media and Personal Injury Cases

Although your intentions may not be harmful, social media posts can be very detrimental to a personal injury case. If you are pursuing a personal injury claim, you suffered an injury that you claim that someone else caused, and are seeking compensatory damages to help you recover. These damages can include payment for medical bills, long-term care and disability accommodations, and lost wages during recovery time.

If something you post online raises suspicion about the nature of your injuries, the extent of your treatment plan or medical expenses, or your recovery timeline, you could lose your chance at receiving your settlement. The type of content that could lead to loss of credibility is not always obvious.

For example, say that you suffered a broken leg in a car accident. The at-fault driver caused this car accident by speeding through a red light and striking the side of your car. While you can easily prove that the at-fault driver was responsible for the accident by examining surveillance footage and police reports, proving your need for compensation is a bit more difficult.

You file your claim and ask for $50,000 to cover your damages, which includes ongoing medical treatment for at least four months. During your case, you attend a party while using your crutches. A friend takes a picture with you at the party, and your crutches are outside of the shot.

If you post this picture onto social media, it will raise suspicion about your need for medical treatment and the credibility of your injuries. The insurance company or the defense attorney could use this photo as justification that your treatment costs do not need to be as high as you claim — potentially leading to a reduction in your overall settlement and a loss of the funds you need to recover.

Social Media Tips for Personal Injury Victims

Although you must be careful about what you say online, it can be difficult to quit social media cold turkey and you may still want to be active on your accounts. However, it is important to be smart, be cautious, and think before you post.

  • Set all of your social media accounts to private and limit your posts as much as possible during the extent of your case. Something as simple as sharing a funny picture could be evidence against you. Keep your profiles locked and only post when necessary.

 

  • Do not accept any friend or follower requests from people you do not know in real life. Although many states consider this practice unethical, some attorneys or even insurance representatives may attempt to follow or friend you. It is best not to accept any new requests during your case.

 

  • When you do make a post on social media, do not post anything about your case. Remember, anything you post online could be evidence against you. If you make a contradicting statement, you can lose your chance at collecting the compensation you need.

 

  • In addition to the above tip, do not post about your injuries, doctor’s visits, treatment progress, travel, or anything related to the harm you suffered. These statements could become evidence against you.

Personal injury cases can be complex, especially in today’s digital age. You must take extra caution when sharing details of your case online, or even with family and friends. If you say or share something that could harm your credibility, you can lose your chance at collecting the settlement you need to recover.

For best results and to avoid accidental harm, contact a personal injury attorney as soon as possible. Your Bakersfield personal injury attorney can advise you on the best practices of posting on social media, helping you preserve your credibility and increase your chances of a successful outcome.

Posted by highrank at 5:15 pm

What Is the Difference Between Punitive Damages and Actual Damages?

Monday, November 11, 2019

In a personal injury lawsuit, you have the right to collect compensatory damages for losses you suffered in an accident that was not your fault. The aftermath of these accidents can leave us with unexpected medical expenses, lost wages while we are healing, property damage, emotional anguish, and more – and filing a lawsuit provides a pathway to recover from these significant damages. There are many types of damages you can claim, including actual damages and punitive damages.

What Are Actual Damages?

Actual damages refer to the financial, physical, and emotional losses you suffered as a result of the accident. They make up the bulk of the settlement that the court can award you at the conclusion of your case, and seek to help you restore your financial standing to what it was prior to the accident. To claim these damages, you will need to prove that the accident was the direct cause for them.

Actual damages come in two categories: economic and non-economic. Economic damages refer to the tangible financial losses you suffered from in the course of the accident. You can prove these damages in court by supplying invoices, receipts, and bills. Common economic damages include the following.

  • Past and future medical expenses for doctor’s visits, surgeries, hospitalization, etc.
  • Lost wages during recovery time or loss of earning the ability
  • Disability accommodations to a home or vehicle
  • Property damage

On the other hand, you cannot supply receipts or invoices to prove non-economic damages. These actual damages include the intangible losses you suffer in the wake of an accident, commonly known as pain and suffering damages. Some examples of non-economic damages include the following.

  • Emotional distress
  • Chronic pain
  • Disability
  • Disfigurement
  • Depression or anxiety
  • Post-traumatic stress disorder
  • Loss of quality of life

Courts calculate the amount of the non-economic damages you can claim in different ways. In most situations, the jury will examine the facts of your case after your attorney proves that the at-fault party is the cause of your injuries. Based on your case, the jury will assign an amount based on a combination of evidence and reasonability.

In the state of California, there are no caps on economic or non-economic damages in personal injury lawsuits. However, there is a $250,000 cap on non-economic damages in medical malpractice cases.

What Are Punitive Damages?

On the other hand, the court does not intend for punitive damages to restore your financial standing to what it was prior to the accident. Their purpose is to punish the at-fault party in your case for dangerous, reckless, negligent, or intentional behavior. At the conclusion of your case, the at-fault party will have to pay punitive damages on top of actual damages – they will not affect the outcome of your settlement.

The court will determine whether or not the at-fault party acted in a way that warrants punitive damages and makes a decision on the amount he or she will have to pay. The amount can vary based on the circumstances of your case, and the more severe cases typically result in a higher amount of punitive damages.

Do You Need an Attorney for Your Personal Injury Case?

Calculating these damages and knowing exactly how much you can claim in civil court can be difficult. You may forget about a certain line item that you could claim as an economic loss, or remain unsure of whether or not you qualify for non-economic damages. If you are filing a personal injury lawsuit, consider hiring a personal injury attorney to assist you with your case.

Your lawyer can help you determine which economic and non-economic damages you can claim, collect the evidence necessary to prove your economic losses, advise you on the amount of non-economic damages you might receive, and whether or not your case could qualify for punitive damages.

If you are grappling with the aftermath of an accident caused by someone else’s negligence or reckless, you have legal options available to you. Depending on the circumstances of your case, you may be able to claim actual and punitive damages for your losses. If you have not done so already, contact a personal injury attorney to discuss your case and to begin the filing process.

Posted by highrank at 6:05 pm

What Is the Paul Lee School Bus Safety Law?

Monday, July 23, 2018

Thousands of students across the state of California rely on school buses for transportation to and from school. Bus drivers must follow safety measures while operating these vehicles to ensure that students arrive at school and home without any injuries or accidents. However, driving is not the only time that students face potential harm while on the school bus.

Following the unfortunate death of one student in 2015, California passed Senate Bill 1072, also known as the Paul Lee School Bus Safety Law, to increase school bus safety.

Origin of the Law

On September 11, 2015, Hoon Jun “Paul” Lee died in a school bus. It was not the result of a bus accident, but instead from overheating. After completing his rounds for the morning, the bus driver had parked the bus in the lot and left. Lee was in the bus in 90-degree weather with the windows shut. Authorities discovered him over seven hours later, dead.

Lee, a nonverbal autistic, did not receive any help with getting off the bus. The driver, Armando Abel Ramirez, failed to notice Lee was still on board, despite the boy sitting upright and being tall enough to be visible over the top of the seat. Ramirez did not conduct a proper check of the bus before departing. Lee was 19 years old.

In response to the incident, California signed the Paul Lee School Bus Safety Law in early 2016.

What Does the Law Do?

The Paul Lee School Bus Safety Law is a measure to prevent future incidents of students left on school buses. It requires all old and new school buses in the state to have a child safety-alarm equipped. Other vehicles responsible for transport of students, especially those with special needs, will also require safety alarms. The alarm must meet California Highway Patrol regulations.

The alarm works whenever the driver shuts the bus down. The alarm will emit a noise until the driver presses the stop switch – which is at the back of the bus. As such, the driver will have to walk through the whole bus to turn the alarm off, checking for any children in the process.

Other vehicles that transport students do not require alarms if they meet certain conditions, such as not only transporting pupils, the presence of a responsible adult chaperone, and drivers filling out forms after each student-based trip that confirms that no children are still on the vehicle.

The bill also adds a provision that all school bus drivers must receive additional child-safety check training when renewing their bus driver safety certificates. Like their certificates, this additional training must happen every year.

Through the combination of alarm systems and further safety training, California hopes to better equip school bus drivers with the skills necessary to keep students safe, even after the bus has pulled off the road.

When Does the Law Go into Effect?

The original version of the Paul Lee School Bus Safety law was set to go into effect during the 2018-2019 school year. By that time, all school buses were to have CHA-approved children safety alarms. However, the statewide need for new alarm systems posed challenges for schools due to the limited number of producers and installers for such systems. The late approval of the exact alarm requirements also caused delays for schools implementing the new protocol.

Due to the complications, California made steps to pass Senate Bill 1269, which would increase the deadline for installation of child safety alarms until the 2019-2020 school year. The current version of the bill requires vehicles responsible for special needs students to have proper alarm systems by the 2018-2019 school year, while other vehicles have six additional months to meet the policy requirements.

Posted by highrank at 8:11 pm