California – September 7, 2021
A musician from San Diego suffered serious injuries from a horrific accident involving his band’s tour bus and a big rig. Members of the band suffered minor injuries and were taken to a hospital via ambulance. The Motorhome’s driver also had minor injuries, but the San Diego musician suffered “serious” injuries and was airlifted to a hospital in St. Joseph, Missouri. The motorhome suffered “total” damage according to the accident report. Accident victims should hire an experienced attorney for guidance on damage compensation.
Occurrence of catastrophic injury.
The San Diego musician’s injuries were severe, leading to partial foot and toe amputations, considered catastrophic injuries by insurance standards. He also suffered fractures to the arm, wrist and right hand and is recovering during an extended hospital stay after his surgeries. After a catastrophic injury accident, it may be prudent to hire a lawyer to work with opposing counsel toward a comprehensive settlement agreement, or for case building efforts in a court action against the truck driver, owner, or trucking company, whoever is found to be at fault for the accident.
Under California’s comparative fault rules, an injury victim is able to receive compensation from the negligent party’s insurance, proportionate to their percentage of fault, even if the victim is partly responsible for the injury. A California bus accident attorney can assist victims of bus accidents by explaining how federal and state laws affect the award outcomes especially if accident parties are from different states and have different state law regarding insurance matters. Liability limits vary from state to state so victims will be required by the state in which the accident occurred to comply with auto insurance requirements, not the state where the accident victims live.
Statute of limitations.
The recovery of damages is contingent upon California bus accident lawyers proving another individual, or entity was the cause of the injury and owed a duty of care to the victim. Developing a case for negligence can be complicated, so it is important to seek legal counsel shortly after an accident to make sure a personal injury claim is filed within the legal framework of the presiding statute of limitations for accidents when a crash occurs out-of-state.
An experienced accident attorney will work with insurance companies after an accident, recognizing that the insurance adjusters may often use formulas that result in lower insurance settlement offers to close out claims quickly. Legal counsel will then review industry-standard processes utilized for damage valuations of property, residual bodily harm, and wrongful death, and make certain the insurance company’s offer represents resultant compensatory and punitive damages to cover a victim’s losses in line with insurance coverage limitations.
Negligence could be due to a person, owner maintenance, mechanical error, weather, other drivers, or a transportation route itself. Legal action can be brought against the bus company if the elements of negligence are present including an owed duty of care, a breach in the duty of care, and the breach caused the injuries, or loss to a bus accident victim.
The two types of damages that victims can sue for include compensatory damages, such as lost wages, medical bills, and property damage, and non-economic losses including pain and suffering.
Hire a lawyer.
Bus accident victims should seek legal counsel shortly after an accident causes harmful losses to them. The Law Offices of Jeffrey E. Estes & Associates, and will take action to build a winning claim against a negligent driver when catastrophic injury occurs.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101