Jose Hernandez Los Angeles: Jose S Hernandez From Lynwood Killed In Los Angeles Bus Accident By Taco Stand In Willowbrook Along South Alameda Street and East 131st Street
LOS ANGELES, CALIFORNIA (September 1, 2019) – A 30-year-old man from Lynwood identified as Jose S Hernandez has tragically died in a Willowbrook MTA bus accident not far from a taco stand by South Alameda Street and East 131st Street.
Los Angeles police are saying that the accident happened early on Sunday when a Metro bus crashed into four parked vehicles. The force of the impact pushed some of the parked vehicles into a crowded taco stand.
Jose S Hernandez, a 24-year-old man and two other pedestrians were struck by one of the parked vehicles and seriously injured. Los Angeles police are describing the four vehicles as a “Honda Pilot, Ford E-150, Dodge Charger and Chevrolet Silverado.”
Paramedics were called to the scene in order to help both of the victims. Jose S Hernandez was rushed to the St. Francis Medical Center in Lynwood but later died due to his injuries.
Four people in the Honda Pilot were injured along with one passenger on the bus. An investigation into the Los Angeles Metro bus accident that killed Jose S Hernandez and injured multiple others remains ongoing.
Causes of Bus Accidents
According to research from the University of Michigan, there are an average of 57,000 bus accidents ever year. Around 300 of those accidents involved a fatality. Pedestrians were far more likely to be seriously injured or killed in bus accident than vehicle passengers. The FMCSA has cited a number of factors that are known to be causally linked to bus accidents. These include but are not limited to:
- Brake problems
- Illegal maneuvers
- Prescription drug use
- Traveling too fast for conditions
- Inadequate surveillance
- Driver illness
- Over-the-counter drug use
- Inadequate surveillance
Fatigue, in particular, can have a dramatic affect on bus driver’s ability to drive safely. In fact, some studies have shown that being awake for 18 hours straight is just as dangerous as driving with a blood alcohol level of 0.05. Depending on the particular facts of any case there may be numerous sources of liability for a bus accident.
Liability In Bus Accidents
Bus companies are considered “common carriers” under the law and are therefore held to a very high standard in terms of safety. According to Acosta v. Southern California Rapid Transit Dist., “Common carriers bind themselves to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers. Such carriers are responsible for any,even the slightest, negligence and are required to do all that human care,vigilance, and foresight reasonably can do under all the circumstances.”
Bus drivers are also held to a very high standard in terms of their duty to abstain from alcohol. Bus drivers are considered legally intoxicated when they have a BAC of 0.04 or more. According to California Vehicle Code 23152, “It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.” By contrast, the driver of a passenger vehicle is considered intoxicated if they have a BAC of 0.08 or higher.
If a bus driver veers out of their lane and strikes another vehicle or pedestrian the company or city that they work for may face civil liability. Under the California Tort Claims Act (CTCA), the state may be responsible for the negligent actions of a bus driver – insofar as the bus driver was working within the course and scope of his job duties. Claims under the CTCA must be filed within six months. Failing to act within the statute of limitations may result in a permanent forfeiture of your rights.
The family of any victim that died in a Los Angeles bus accident may have legal recourse through California Code of Civil Procedure 377.60. Damages in a civil claim can help cover lost wages, medical bills, funeral expenses and pain and suffering. Potential claimants in a civil matter may include a victim’s spouse, children, parents or siblings. A bus accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Los Angeles Bus Accident
We at West Coast trial Lawyers extend our deepest condolences to the family of Jose S Hernandez. It is our sincere hope that all of the other victims are able to make a full recovery. There needs to be a full investigation into the cause of this bus accident? What was the bus driver doing immediately prior to the accident? The victims and their families deserve answers.
If you or someone that you care about has been involved in a bus accident you may have legal recourse. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights so that they can make informed decisions. Whether you need a free, independent investigation into an accident or would like a police report related to a specific incident we are here for you. You can reach out to us anytime at (888) 888-9285. Se Habla Español.