California – August 29, 2021

A passenger fell out of a bus while it was traveling on Interstate 5 in the South Bay area, hitting her head and suffering “major life-threatening injuries,” according to officials at the scene.  California Highway Patrol reported the accident occurred around 8 p.m. Saturday on Interstate 5 in National City, just south of Civic Center Drive.  Witnesses reported that the woman was making her way to the bus restroom when she somehow opened an emergency door, tumbling down into the freeway lanes. She was transported by ambulance to the hospital by paramedics with what appeared to be grave head injuries.  A California bus accident attorney can assist victims of bus accidents by utilizing federal passenger carrier regulations and state laws to support case building.

Damages award.

Traumatic brain injury (TBI) can occur with blunt trauma head injuries that can occur in a vehicle accident when a moving head strikes a stationary object like a pavement, or windshield.  Head injuries can result in short and long term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families.  Damage claim awards  address victim’s losses that include expenses for  medical treatment, future medical expenses, changes in live expenses, lost and future wages, and compensation for any future loss of companionship, comfort, and affection.  A bus accident attorney at the Law Offices of Jeffrey E. Estes will review all medical records and pertinent reports to ascertain the comprehensive losses to the victim.

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 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.

California is a “fault” state and victims can bring a claim against the responsible party, or parties, before filing a claim against their own no-fault insurance.  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.  An experienced accident attorney will 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, or proceed with a court case.

Negligence.

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 drivers.

Hire an attorney.

Hire an experienced personal injury attorney, who is familiar with California bus accident laws, at the Law Offices of Jeffrey E. Estes & Associates.  They can effectively build a negligence case against a bus company, or driver and secure damage compensation for harmful losses to a victim.

 

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.fmcsa.dot.gov/ourroads/large-trucks-and-buses-numbers

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

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

https://www.fmcsa.dot.gov/regulations/understanding-passenger-carrier-regulations

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