What to Do When Someone Was Injured in a Bus Accident
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. Contact us today for a free, no-obligation consultation.
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If you've been involved in a public transportation accident, you know how complex these cases can be.
Table of Contents
- Why Do Bus Accidents Occur
- What Type of Injuries Do Bus Accident Victims Sustain
- What Are the First Steps after a Bus Accident
- How to Get Your Bus Accident Injury Claim
- What Do You Need to Prove When Filing a Bus Accident Injury Claim
- When Is the Deadline for Filing a Bus Accident
- Conclusion
With evidence, witnesses, and insurance companies to deal with, it's easy to feel overwhelmed. So it is crucial to seek legal help as soon as possible. Experienced bus accident lawyers will work tirelessly to make sure you are compensated fairly and get the justice you deserve. They understand your legal rights and get the help you need during this challenging time.
In a bus accident, there can be many factors that contribute to the accident. Each case is different, and the accident's severity can range from a minor fender-bender to a major collision. Many people can be injured in a bus accident, and the injuries can range from minor to severe.
Why Do Bus Accidents Occur
There are many reasons why bus accidents occur. Some of the most common causes include:
Driver Error
One of the most common causes of bus accidents is driver error. This can include speeding, driving recklessly, or even falling asleep at the wheel. In some cases, drivers may be influenced by drugs or alcohol.
Stress and Fatigue
Another common cause of bus accidents is stress and fatigue. This is especially common among commercial drivers under pressure to meet tight schedules and work long hours without proper rest.
Poor Maintenance
If a bus is not properly maintained, it can increase the risk of an accident. Things like worn tires, defective brakes, or other mechanical problems can make it more difficult for a driver to control the vehicle. This can lead to them losing control and crashing.
Weather Conditions
Weather conditions can also impact a bus's safety. For example, the roads may be slick and more challenging to drive on if it is raining or snowing. Additionally, if a bus is driving in foggy conditions, it may be more difficult for the driver to see what is ahead, potentially leading to a serious accident.
Road Conditions
The road conditions a bus is driving on can also impact its safety. If the road is in poor condition, it may be more difficult for the driver to control the bus. Additionally, if there are potholes or other obstacles on the road, this could also cause an accident.
What Type of Injuries Do Bus Accident Victims Sustain
Bus accidents can cause many injuries, from minor to life-threatening. Some common injuries that bus accident victims sustain include:
Cuts, Bruises, and Lacerations
Cuts, bruises, and lacerations are some of bus accident victims' most common injuries. These injuries can be minor or severe, depending on the force of the impact. Some injuries can be minor and require no medical treatment, or they can be more serious and require stitches or other medical attention.
Fractured or Broken Bones
Broken bones are another common injury caused by a bus accident. Bones can break when they are hit with great force, such as in a high-speed collision. These injuries can range from simple fractures to more serious breaks requiring repair surgery. In some cases, broken bones can lead to other complications such as joint or nerve damage.
Internal Bleeding
Internal bleeding is another severe injury that bus accidents can cause. This type of injury occurs when blood vessels are ruptured, and blood begins to leak into the surrounding tissue. Internal bleeding can lead to organ damage, shock, and even death if it is not treated quickly.
Head and Neck Injuries
Head and neck injuries are some of the most severe injuries resulting from a bus accident. These damages can occur when passengers are thrown around inside the bus during a collision or when they are ejected from the bus. Head and neck injuries can range from concussions and whiplash to more severe injuries such as traumatic brain injuries (TBI) or spinal cord damage. They often require extensive medical treatment and can have long-term effects on a person’s health and quality of life.
Back and Spinal Cord Injuries
Back and spinal cord injuries are also common in bus accidents. These injuries can be caused by the force of the impact or by being thrown around inside the bus during a collision. Back and spinal cord injuries can lead to paralysis or even death.
What Are the First Steps after a Bus Accident
If you are involved in a bus accident, there are a few things you should do:
1. Check yourself and your passengers for injuries and get medical help if needed.
2. Call the police so they can investigate the accident and file a report.
3. Exchange insurance information with the other driver or bus company.
4. Take photos of the accident, damage to your vehicle, and any injuries you or your passengers have sustained.
5. Keep track of any expenses related to the accident, such as medical bills, car repairs, or lost wages from time missed at work.
How to Get Your Bus Accident Injury Claim
The value of your bus accident injury claim will depend on several factors, including the severity of your injuries, the number of medical bills you have incurred, and the amount of lost wages you have suffered.
What Do You Need to Prove When Filing a Bus Accident Injury Claim
To get compensated for your injuries, you must first file a claim and prove that the defendant's negligence was the direct cause of said injuries. To do so, you must show that:
1. The defendant had a duty to you.
2. The defendant breached that duty.
3. The defendant's breach of duty was the direct cause of your injuries.
4. You suffered damages as a result of your injuries.
When Is the Deadline for Filing a Bus Accident
The statute of limitations is the time frame in which a lawsuit can be filed. In the case of bus service, the time frame is six months. This means that if someone wants to file a lawsuit against a bus company, they must do so within six months of the incident.
Conclusion
After a bus accident, there are many things to consider, and it can be challenging to know where to turn. Bus accident cases can be complex, and it is vital to have experienced legal representation on your side. If you or a loved one has been the victim of a bus accident, getting legal help as soon as possible is essential.
At Mendez & Sanchez Law, our bus accident lawyers in Los Angeles understand the physical, emotional, and financial toll a bus accident can take on victims and their families, so we are here to help you every step. Let us help you navigate the complex legal process and get the compensation you deserve. Don't try to navigate the legal system alone—Schedule a consultation with one of our experienced bus accident lawyers today!
Frequently Asked Questions
How long do I have to file a lawsuit after a bus accident in California?
In California, the general statute of limitations for personal injury claims is two years from the date of the accident under California Code of Civil Procedure Section 335.1. However, if the bus was operated by a government agency — such as LA Metro, BART, or a municipal transit district — you must file a government tort claim within just six months of the incident under the California Government Claims Act (Government Code Section 911.2). Missing either of these deadlines can permanently bar you from recovering compensation, which is why contacting a bus accident attorney as quickly as possible is critical.
Can I sue a city or county if a public transit bus caused my injuries?
Yes, you can pursue a claim against a government entity like a city or county transit authority in California, but the process is more complex than suing a private company. Before filing a lawsuit, you must first submit a formal government tort claim to the agency within six months of the accident under California Government Code Section 911.2, and the agency has 45 days to respond. If your claim is rejected or ignored, you then have six months from that rejection to file a lawsuit in civil court. Because government claims involve strict procedural requirements and shorter deadlines, it is essential to work with an experienced California bus accident attorney from the start.
What kind of compensation can I actually recover after being hurt in a bus accident in California?
California bus accident victims may be entitled to recover both economic and non-economic damages, which can include medical expenses, future medical care, lost wages, loss of earning capacity, property damage, pain and suffering, and emotional distress. In cases involving egregious conduct — such as a bus driver who was intoxicated — punitive damages may also be available under California Civil Code Section 3294. There is no universal dollar amount, as compensation depends on the severity of your injuries, the impact on your daily life, and the strength of the evidence, which is why a thorough investigation by a personal injury attorney is so important to maximizing your recovery.
What mistakes do people commonly make after a bus accident that hurt their case?
One of the most damaging mistakes bus accident victims make is delaying medical treatment — even a few days without seeing a doctor can give insurance companies grounds to argue your injuries were not serious or were caused by something else. Another common mistake is speaking directly with the bus company's insurance adjusters or signing any releases before consulting an attorney, as early statements can be used to minimize your claim. In California, where comparative fault rules under Civil Code Section 1431.2 can reduce your compensation if you are found partially at fault, anything you say without legal guidance can be used against you.
Who can be held liable if a privately operated charter or school bus causes an accident in California?
Liability in a private bus accident can extend to multiple parties, including the bus driver, the bus company, the vehicle manufacturer if a defect contributed to the crash, and even third-party contractors responsible for maintenance. Under California's respondeat superior doctrine, a private bus company is generally liable for the negligent actions of its employees while they are acting within the scope of their employment. If a defective part — such as faulty brakes or a tire blowout — caused or contributed to the accident, you may also have a product liability claim against the manufacturer under California strict liability principles established in Greenman v. Yuba Power Products.
Does it matter that I was a passenger on the bus — does that change what I'm entitled to?
Being a passenger on a bus actually strengthens your legal position in many ways, because as a fare-paying or invited passenger you are owed the highest duty of care under California law — a standard known as the duty of a common carrier, established under California Civil Code Section 2100. This means the bus company must exercise the utmost care and diligence for passenger safety, a higher bar than ordinary negligence, making it easier to establish liability in many cases. As an injured passenger, you generally have the right to pursue claims against the bus operator, the at-fault driver of any other vehicle involved, or both, depending on how the accident occurred.
How does California's comparative fault rule affect my bus accident claim if I was partly responsible for my own injuries?
California follows a pure comparative fault system under Civil Code Section 1431.2, which means you can still recover compensation even if you were partially at fault for the accident — your damages are simply reduced by your percentage of responsibility. For example, if a jury finds you were 20% at fault for not holding a safety rail before the bus stopped abruptly and your total damages are $100,000, you would still recover $80,000. This is an important distinction from states that use contributory negligence rules, and it means that even if an insurance company tries to blame you for the accident, you should never assume you have no case without speaking to a California personal injury attorney first.