San Jose Bus Accident Lawyer

Bus accidents in San Jose can lead to serious outcomes, affecting passengers, pedestrians, and other motorists. With more than 70 bus routes run by the Santa Clara Valley Transportation Authority (VTA), crashes can happen at any given moment within the city’s transit network. Injured victims are encouraged to file a bus accident lawsuit to seek compensation.

At West Coast Trial Lawyers, our San Jose bus accident lawyers specialize in handling personal injury cases. We will fight tirelessly on your behalf to ensure you are given full and fair compensation. With our legal expertise, you can rest assured that all aspects of your bus accident claim will be taken care of.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a FREE consultation, you can get in touch with us by calling (213) 927-3700 or completing our quick online contact form.

Common Causes of San Jose Bus Accidents

Bus accidents can happen due to various reasons, including driver negligence and poor road conditions. Each of these issues, listed below, can affect the safety of a passenger, pedestrian, or other drivers. Understanding some of the common causes of these collisions is important for prevention and knowing what legal actions to take.

Driver Negligence

Driver negligence can greatly contribute to bus accidents. First and foremost, distracted driving is a major issue that has caused bus drivers to lose focus of the road. Factors, like cell phones or talking to passengers, can make it difficult for them to detect hazards or pedestrians in a timely manner. Drowsy driving is another notable issue that can influence bus drivers to crash, because with inadequate rest, it can affect their reaction time and decision-making. These particular scenarios may also apply with other motorists who are driving near a bus, but it is important to always remain alert of your surroundings to ensure you have enough time to respond to abrupt changes or road hazards.

Mechanical Issues

A bus crash can be caused by mechanical issues. For instance, if the large vehicle has a malfunction in the braking system, it can restrict a bus driver from making a stop at the right time. This can lead to rear-end collisions or other types of serious crashes that can affect one or more parties, and in some of the most severe instances, it can result in a multi-car pileup. 

Regular inspections are encouraged to detect possible hazards. If a bus owner or operator fails to fulfill this duty, they could be held responsible for the bus accident. However, depending on the nature of the mechanical failure, privately owned bus companies or government-run transit buses can be held liable for negligence. In such instances, other parties that could face legal consequences for vehicle defects include bus manufacturers and maintenance contractors.

Poor Road Conditions

Road hazards, like potholes or uneven surfaces, can damage tires and cause bus drivers to lose control. Inadequate signages and dim lighting are other unsafe conditions that can affect a bus driver’s ability to safely navigate themselves on the road.

Common Injuries in a Bus Accident

Common bus accident injuries will vary between minor to severe depending on the intensity of the impact. Some forms of bodily harm that may occur include the following:

• Broken bones
• Whiplash
• Spinal cord injury
• Traumatic brain injury
• Neck injuries
• Internal injuries
• Soft tissue injuries

What to Do if You Are in a Bus Accident

Bus accidents can be traumatic, but try your best to remain calm because every action you take after an accident can have a significant effect on what comes after. Whether you are a passenger or another party, it is important to act quickly in the aftermath of such a collision. Knowing how to implement the following steps will help better your likelihood of developing a strong claim and obtaining fair compensation.

Contact Law Enforcement

If you or any other party sustained injuries or damages as a result of a bus accident, you should contact local law enforcement immediately. They will arrive at the accident scene and create a police report. You can request a copy of it to use as proof in your personal injury claim. Paramedics may also be present to administer immediate medical attention to those with serious injuries.

Seek Medical Attention

You should always prioritize your health and safety. Even if you do not feel seriously harmed, you should still seek medical treatment. Some physical and internal pain may not show symptoms right away. It is important to get yourself evaluated to determine if you have any notable problems that may require short- or long-term care.

Your doctor visits, prescriptions, and/or surgical procedures will be documented and saved on file. These can be used to show how you suffered injuries due to the defendant’s negligence and sought out medical assistance to help with your recovery.

Gather Evidence

Be sure to collect the following evidence:

• Photos of your injuries, damages, and where the bus crash took place
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Exchange Information With All Parties

You should exchange names, contact details, and insurance information with all parties involved.

Consult With a San Jose Bus Accident Lawyer

Bus accidents can involve several parties and complicated liability issues. Consulting with a San Jose bus accident lawyer will give you the legal insight you need to understand how to go about such a case. At West Coast Trial Lawyers, we will guide you every step of the way to make sure you submit a well-constructed claim and acquire the compensation you deserve.

Determining Liability

Determining liability in a bus accident can be tricky due to the number of people that might share responsibility. You will need to prove negligence in order to hold one or more parties liable for the incident. This includes implementing the following elements into your case:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s reckless behavior was the primary cause of your injury
• You endured damages as a result of the bus accident

Since California is a comparative negligence state, you can still recover some damages even if you were partially responsible for the bus accident. The amount you will be awarded will be adjusted based on your degree of fault. It is recommended to acquire legal assistance from an experienced attorney to navigate the challenges you may come across as you pursue compensation for the losses you incurred.

Possible defendants in a bus accident case may include the following:

• Bus driver
• Bus passenger
• Bus company
• Bus manufacturing company
• Government agency
• Other drivers

Time Limit to File a San Jose Bus Accident Claim

Bus accident victims are generally given two years from the date of when the incident occurred to file a bus accident claim in San Jose. But, the time limit may differ in certain situations:

• You will be given six months if the collision involves a public bus
• Lawsuits made against a government agency, like a public school district, will require you to submit an administrative claim within six months of the bus accident

To ensure no mistakes are made during this process, you should meet with a San Jose bus accident lawyer. They will better your chances at securing maximum compensation while giving you time to focus on treating your injuries.

How Much Compensation Can You Get From a Bus Accident?

The amount of compensation you can get from a bus accident will vary. It all depends on what particular issues are associated with your case. The court will evaluate the following factors when calculating and distributing damages:

• The severity of your injury
• Current and future medical expenses
• Lost wages and earning capacity
• Percentage of fault

If you would like to get an estimate of what you could be granted in a bus accident case, you can use our personal injury settlement calculator by sharing what expenses you were left with after the incident.

Generally, economic damages and non-economic damages are provided. Key points you should know about the two include the following:

• Economic damages are tangible losses directly associated with the bus accident, like hospital fees and property damage repair costs.
• Non-economic damages are subjective, non-monetary compensation, such as emotional distress and loss of enjoyment of life.

Our San Jose Bus Accident Lawyers Are Here to Help

If you were involved in a bus accident, you may be given the right to file a personal injury lawsuit to recover damages. At West Coast Trial Lawyers, we will support you every step of the way, ensuring that your legal needs and priorities are met. With over $1.6 billion won in financial compensation for our clients, our team will work diligently to ensure we get you the best outcome possible.

To schedule a FREE consultation with a bus accident attorney, you can reach out to our 24/7 legal team by calling (213) 927-3700 or filling out our convenient online contact form.