
Visalia Bus Accident Lawyer
Buses are used for safe and affordable transportation. Whether you are commuting to work or sending your child off to school, these large vehicles play an important role in keeping communities connected. Although it is often labeled as the most reliable way to get around the city, serious accidents are still bound to occur. Such cases can stem from various factors, like driver error, violation of traffic laws, or poor vehicle maintenance. Affected victims may be left with physical injuries, emotional trauma, and financial burdens.
At West Coast Trial Lawyers, our Visalia personal injury lawyers are determined to help accident victims understand their rights and pursue the compensation they deserve. We will conduct thorough investigations, establish fault, and communicate with insurance adjusters on your behalf to avoid lowball offers.
With over 20 years of experience handling personal injury cases and a strong track record of delivering client satisfaction, we are equipped to guide you through each stage of the legal process to help you acquire fair compensation.
Our law firm operates under a contingency-fee basis, meaning you owe us nothing unless we settle your case. To set up a FREE consultation, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.
How Rare Is a Bus Crash?
Bus crashes in the United States are relatively rare. According to data provided by the Federal Motor Carrier Safety Administration (FMSA), a total of 204 fatal bus accidents have occurred in 2021, leading to a 24 percent increase compared to 2020. The number of injuries rose by 11 percent, as well.
On average, fatal bus accidents between 2010 to 2021 involved 37 percent of school buses, 36 percent of transit buses, and 11 percent of intercity buses. The year 2021, in particular, had 80 school buses, 17 intercity buses, and 78 transit buses linked to fatal crashes.
The National Safety Council (NSC) also provided data over the last 10 years showing how public transit is significantly safer compared to driving. The fatality rate for auto accidents per 100 million passenger miles was more than 60 times higher than that of buses, 20 times greater than that of passenger trains, and 1,200 times more than that of air travel.
Alongside standard buses, school buses are also involved in a notable number of accident-related cases. According to the School Bus Fleet, about 51,238 yellow school buses operate on a day-to-day basis in the United States between 2023 to 2024, carrying nearly 21.4 million elementary and secondary students per day. While these vehicles are statistically known to be safer than walking or riding in a private car, accidents are still possible and do happen.
Based on data provided by the NSC, in just 2023, a total of 128 fatal school bus accidents were reported. This was a 23 percent increase compared to 2022. Additional information includes the following:
- 71 percent of deaths were occupants of other vehicles
- 16 percent were pedestrians
- 6 percent were school bus passengers
- 4 percent were school bus drivers
- 3 percent were pedal cyclists
These numbers do show how school buses are designed with safety in mind. However, when an accident occurs, there remains a risk of serious injury whether it be for passengers inside of the large vehicle or for other road users.
Common Bus Accident Injuries
Bus accidents can lead to serious injuries due to the vehicle’s size and weight, along with the number of passengers on board. Below are some possible forms of bodily harm that may occur:
- Broken bones
- Traumatic brain injury
- Head trauma
- Internal injuries
You should get yourself evaluated soon after such a collision, even if you do not feel any physical pain. Some injuries may not be immediately apparent and may worsen overtime if left untreated.
What to Do After a Bus Accident
Whether you are a passenger, driver, or pedestrian, getting into a bus accident can be overwhelming. It is important to take the right steps immediately after the impact to protect your rights, safety, and ability to recover compensation.
Contact Local Authorities
Check to see if anyone sustained injuries or damages. If so, contact local authorities as soon as possible. The police will shortly arrive at the accident scene and conduct a written report on what happened. Paramedics may also be present to provide medical care to the affected parties.
Seek Medical Attention
Be sure to acquire medical attention immediately after the bus accident. Your adrenaline could be masking the intense pain you sustained from the impact, meaning that significant injuries may not be felt until after it wears off. Receiving prompt care will not only protect your health, but will also create a documented record of the injury you incurred. This is crucial evidence to consider if you are thinking about filing a personal injury claim against the at fault party.
Gather Evidence
Be sure to get the following pieces of evidence to strengthen your case:
- Photos of your injury, damages, and the accident scene
- CCTV footage
- Witness statements
- A copy of the police report and your medical records
Exchange Information
Do not forget to exchange contact and insurance information from the bus driver and other road users involved in the collision.
Report the Crash to the Bus Company
If you were on the bus at the time of the crash, you should report the accident to the company that operates the service. You may need to fill out an official incident form. If you do, you should get a copy of it once it has been completed. Be sure to keep records of your communication with the bus company, including:
- The names of the employees who spoke to you
- The date and time of your phone calls or emails
- The reference numbers you were provided
Speak to a Visalia Bus Accident Lawyer
It is important to get in touch with an attorney who provides quality legal representation and knows the complexities of bus accident claims. They can:
- Identify fault
- Gather and preserve key evidence
- Calculate damages
- Handle insurance tactics to prevent lowball offers
- Submit crucial documents on time
- Represent you in court if your case heads to trial
Acquiring legal services will ensure your rights are protected, your case is handled with the utmost level of care, and increase your likelihood of receiving the compensation you are entitled to.
Can You Sue the City if You Get Hit by a Bus?
You may be eligible to sue the city if you get hit by a bus if the either of the following apply:
- Bus driver negligence, like distracted driving, speeding, or running a red light
- Inadequate supervision or poor training practices provided by the bus company
- Poorly maintained buses
You will first need to file a government claim under the California Tort Claims Act (CTCA) within six months from the date of the bus accident. You may receive a response within 45 days of the initial date of the submission. If your claim gets denied or ignored, you can file a personal injury lawsuit in civil court and will be given two years to do so starting from the date of the collision.
How to Sue a Bus Company?
If you were harmed as a result of a bus accident, you may be entitled to financial compensation. But, suing a bus company can be challenging, especially if it is publicly owned. Below are some steps you should consider if you are planning on taking legal action against them:
- Identify what type of bus company you are suing. Public and private companies may have different legal procedures. It is important to know what they are to understand how to move forward with the claims process. Suing a public bus company is more restrictive, meaning you will be introduced to harsher regulations and shorter deadlines. Private bus companies, on the other hand, are more straightforward. You typically have to follow the standard civil court process.
- To have a valid bus accident case, you will need to prove how the bus company or the employee was negligent. Did they commit reckless behavior? Were they improperly trained or supervised? Did mechanical failure play a role in the accident?
- Gather as much evidence as you can to build a well-constructed claim.
- Seek legal representation from a Visalia bus accident lawyer. They will evaluate your case, establish fault, and negotiate with insurance companies to ensure you are given a reasonable settlement offer.
What Happens if a Loved One Dies in a Bus Crash?
When a loved one dies as a result of someone else’s negligence, California law (CCP 377.60) will allow eligible survivors to file a wrongful death claim, including:
- The surviving spouse or domestic partner
- Children
- Issue of deceased children
- Anyone who is entitled to the decedent’s property by intestate succession laws
It is important to determine whether the bus was operated while under federal or state jurisdiction since different regulations and limits are enforced. In California, for instance, public bus accident cases may require you to file a government tort claim within six months of the event.
Speaking to a qualified wrongful death attorney can help navigate the surviving family members through this complicated process. They will work diligently to recover the following damages:
- Medical bills
- Funeral and burial expenses
- Loss of financial support
- Emotional distress
While no outcome can ever replace the loss of a loved one, taking action can be a meaningful step toward moving forward. It gives the surviving families the ability to seek accountability, know what went wrong, and ensure the victim’s death is not overlooked. In most cases, the process itself will help them gain a sense of closure and begin the healing process.
Determining Liability in a Bus Accident Case
Establishing liability in a bus accident case will require you to prove the elements of negligence, as listed below:
- The defendant owed you a duty of care
- The defendant neglected their legal responsibility
- The defendant’s behavior directly caused your injury
- You suffered losses, like medical bills or pain and suffering, due to the bus accident
Under California’s pure comparative negligence law, shared liability is possible. If multiple parties are involved, each one will be evaluated to determine the percentage of fault. Even if you contributed to the crash, you can still recover compensation. But, it will be reduced based on your level of negligence.
Potential liable parties in a bus accident case may include the following:
- Bus driver
- Bus company
- Vehicle manufacturer
- Government agency
- Property owners
- Other road users
Available Damages for Bus Accident Victims
Personal injury victims are entitled to recover compensation through a claim or lawsuit. The settlement value will depend on various factors that shape how much is awarded. First and foremost, the severity of your injury will play a significant role. The more critical your condition is, the higher your settlement may be due to the costly medical expenses associated with long-term care. Closely related are medical expenses, including current and future costs.
Another important element to consider is percentage of fault. This clearly indicates that the other party’s negligence contributed to your injury, and if shared fault is involved, then compensation may be reduced accordingly.
The impact on your earning capacity will also influence what you are entitled to. If your injury restricts you from working now or in the future, pay will reflect lost wages and limited career potential. Additionally, economic damages and non-economic damages are granted. In rare cases, punitive damages may also be included.
Economic damages refer to financial losses you endured as a result of the bus accident. These are typically easier to measure in monetary terms. It often includes medical bills and lost income. Meanwhile, non-economic damages compensate for intangible losses that are not easily quantifiable, but greatly affects a person’s quality of life. This addresses emotional and psychological impact that stems from the bus accident or the injuries that resulted from it. This includes the following:
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
Punitive damages are used to punish the defendant for their egregious conduct and to deter similar behavior from occurring in the future. It is granted if you can prove that the liable party acted with malice, gross negligence, or the intent to harm. To get an idea of what you may be entitled to, you can input the losses you incurred from the bus accident into our personal injury settlement calculator.
Involved in a Bus Accident? Schedule a FREE Consultation with West Coast Trial Lawyers Today
If you were injured as a result of a bus accident, you may be given the right to file a personal injury claim against the at fault party to secure compensation. At West Coast Trial Lawyers, our experienced bus accident lawyers can make all the difference in your recovery, both legally and financially. We will evaluate your case, protect your rights, and pursue the financial recovery you deserve.
To book a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our convenient online contact form.
Frequently Asked Questions About Visalia Bus Accidents
How Can Bus Crashes Be Prevented?
To prevent or reduce the likelihood of bus crashes, the following methods will need to be implemented:
- Thorough training sessions and background screening for bus drivers
- Regular vehicle maintenance and inspections
- Use of advanced safety technology, like cameras, GPS, and automatic emergency brakes
- Safer road and bus stop designs to lessen confusion and illegal passing
- Responsible driving by other motorists
Investing in these factors can help minimize the possibility of bus-related injuries and deaths, making the roads safer for everyone.
Is It Worth It to Hire an Accident Attorney?
Legal assistance from a bus accident attorney can be worth it if your case involves multiple parties, complicated insurance policies, and strict deadlines. An attorney will:
- Know how to determine liability
- Handle legal claims
- Understand how to fulfill government notice requirements
Dealing with paperwork, court dates, and insurance adjusters can be stressful, especially if you are recovering from any injuries you incurred from the auto accident. Your attorney will step in to handle the critical tasks so you can focus on your recovery process.
What Is the Protocol for a School Bus Accident in California?
California has established the following protocols to ensure a safe outcome for all parties involved:
- The bus driver should stop the school bus immediately and check for injuries among all parties affected by the accident. If significant bodily harm or damages are detected, emergency services should be contacted.
- The bus driver and school district officials will need to fill out an accident report per California Department of Education and local school district policies. The document should include the date, time, and location of the collision, number of students affected by the impact, and a summary covering the cause of the accident.
- Students should be safely supervised. Parents and guardians will also need to be notified about the incident and their child’s current status as soon as possible.
- The school bus will need to be kept in its post-accident condition unless it presents a safety hazard. Video footage from the cameras should be preserved as evidence. Witness statements and in-depth investigations are also important to help determine the cause of the bus crash.
- Medical attention should be given to all affected parties, even if injuries may appear minor.
Following these protocols will ensure the safety of children while also allowing proper documentation and assessments to be completed in order to determine how to appropriately move forward from the incident.
