Whether you were riding on a commercially operated private bus or on public transit, you have a right to expect a safe, efficient, and largely uneventful journey. While most bus drivers and bus operating entities meet this basic duty without any issues, there are those who instead act reckless or careless on the job. This can lead to accidents with devastating consequences for bus passengers and other people nearby.
After a serious accident caused by a negligent bus driver or their employer, having help from our personal injury attorneys at Solution Now Law Firm can be key to making the most of an ensuing civil claim. From start to finish of your settlement negotiations or lawsuit, your dedicated San Jose bus accident lawyer could provide custom-tailored legal guidance and tenacious representation.
All motorists have an obligation to meet a certain standard of conduct in order to prevent avoidable injuries from occurring. This standard is known as the duty of care. In San Jose and throughout California, bus drivers have an even greater duty of care than other motor vehicle operators on public roads. Specifically, under California Civil Code §2100, “common carriers” who transport people around in exchange for a fee or regular fare must demonstrate “the utmost care and diligence” and display reasonable skill in ensuring no one gets hurt while boarding, riding on, or disembarking their bus.
Likewise, the entities that employ bus drivers and operate bus lines have a responsibility to maintain diligent hiring practices to make sure everyone who drives for them is qualified, appropriately trained, and responsible behind the wheel, and that their vehicles are in safe operating condition at all times. This is true of both private companies and public government agencies. Any failure by anyone involved with a bus company to fulfill their duty of care could serve as grounds for a civil lawsuit, as a San Jose bus crash attorney could further explain.
A comprehensive civil claim based on a bus accident can demand restitution for all economic and non-economic consequences of a bus driver or operating entity’s negligence, including:
However, anyone intending to sue a private bus company over an accident generally has two years maximum to do so in accordance with the statute of limitations for personal injury claims codified in California Code of Civil Procedure §335.1.
Even shorter deadlines apply to prospective lawsuits against government entities responsible for operating public buses, with most plaintiffs being required by law to notify their planned defendant in writing of their intent to sue within six months of their accident. In both situations, help from a seasoned lawyer can be essential to building a strong claim within applicable deadlines following a bus crash in San Jose.
Getting a fair result from a settlement demand or lawsuit based on injuries sustained in a bus accident is far from a simple process. You may run into numerous rules and restrictions that apply only to this specific type of civil claim, and opposition from the parties you are suing could lead to you receiving no compensation at all if you are not prepared to effectively counter it.
A conversation with a San Jose bus accident lawyer could be a key first step towards proactively enforcing your rights. Call us today to learn more.