California – September 20, 2021

A 50-year-old man was seriously injured after he fell near a bus stop causing his arm to be crushed under a city bus near Teralta East, according to police reports.  The victim was believed to be under the influence of alcohol and leaned on an MTS bus as it departed a stop in the 4300 block of University Avenue.  The man then fell, hit his head on the curb, and his arm went under the bus tire “crushing and degloving his right arm,” according to San Diego Police Officer Buttle.  The man was transported to a hospital in non-life-threatening condition with facial fractures and rib fractures that punctured his chest.

Fault.

California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party, or parties, before filing a claim against their own no-fault insurance.  Under the state’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.

Statute of limitations.

There is a two year time period to file a suit after an accident. 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 at the Law Offices of Jeffrey E. Estes shortly after an accident to make sure a personal injury claim is filed within the legal framework of the California statute of limitations for accidents.

Settlement valuations.

Experienced accident attorneys 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.

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 persons that can be sued in a bus accident scenario are:

  • Owner(s) of bus as employer,
  • Driver of bus,
  • Commercial insurer of bus,
  • Regulatory agency supporting bus safety on issues of bus manufacturer and parts manufacturer,
  • Licensing agencies of privately owned and public transit vehicles, city, county, or state,
  • Other negligent parties.

Damages.

Common 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 a bus accident causes harmful losses to them.  Talk to an experienced attorney at Jeffrey E. Estes Law Firm to determine if your bus accident case warrants legal action, or if there is a way for attorneys to work with insurance companies toward a comprehensive offer to cover all related harmful losses, especially when an injury causes permanent disfigurement and catastrophic injury.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

 

https://www.10news.com/news/local-news/san-diego-news/san-diego-bus-crushes-mans-arm-in-accident-near-teralta-east-09202021

 

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

 

https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/

 

https://www.courts.ca.gov/9618.htm

 

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