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Fresno Bus Accident Lawyer
Every year, hundreds of people are injured in bus accidents throughout California. The severity of the injuries can range from minor to catastrophic, and the financial losses associated with these accidents can be immense. Fortunately, you have legal recourse in many circumstances and can collect the compensation you’re entitled to for your losses. If you need help with a bus accident claim, contact Roberts & Spiegel to schedule a free consultation with a Fresno bus accident lawyer.
Hire Roberts & Spiegel Injury Lawyers For Your Bus Accident Case
If you’ve been injured in a bus accident, it’s important to speak with an experienced Fresno personal injury lawyer as soon as possible. Bus accidents liability can be complicated, so you need to have someone who knows what they’re doing. Here’s why you should work with us:
- We’ve been fighting for bus accident victims for more than two decades and have a track record of obtaining significant compensation for injured individuals.
- When you hire us, you’re working with an attorney at all times. We don’t hand your case off to a paralegal.
- We know the tactics insurance companies use to try to avoid liability, and we know how to fight back.
How a Fresno Lawyer Can Help You After a Bus Accident
Being involved in an accident involving a bus can be a traumatic and emotionally draining experience. Fortunately, you don’t have to go through it alone - working with an experienced lawyer is one of the best ways to ensure that you are able to get the compensation you deserve. They can take the following steps to help you:
Prepare and Gather Evidence: A lawyer will be able to help you prepare and gather evidence for your case. This includes obtaining police reports, witness statements, medical records, photographs from the scene, and any other relevant documentation which might strengthen your case.
Handle Legal Matters: Your lawyer will handle any legal matters related to your case such as filing paperwork with courts or dealing with opposing lawyers or insurance companies.
Negotiate Settlements: Your attorney will negotiate settlements on your behalf with insurance companies or other parties who may be responsible for damages caused by the accident. They will ensure that any settlement is fair and equitable. Negotiating settlements without having legal representation can often result in inadequate compensation or no compensation at all, so it’s important that you have professional help.
Represent You In Court: If necessary, your lawyer can represent you in court proceedings related to your bus accident claim. They can argue on your behalf before judges or juries, providing compelling arguments backed up by evidence to ensure that justice is served.
Most Common Injuries Associated with Bus Accidents
Bus accidents can lead to severe physical injuries such as broken bones, spinal cord injuries, traumatic brain injuries (TBI), lacerations, burns, internal organ damage/internal bleeding, neck/back/shoulder pain, or sprains/strains. In some cases, victims may also suffer from psychological trauma such as post-traumatic stress disorder (PTSD).
Compensation Available to Fresno Bus Accident Victims
When you or a loved one are involved in a bus accident, the aftermath may seem overwhelming. However, it's important to understand that compensation is available to help you recover. This compensation is divided into three main categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
This refers to quantifiable monetary losses resulting from an event such as a bus accident. This can include expenses like medical bills, repair or replacement costs for property damage, and lost wages.
Non-Economic Damages
Non-economic damages concern the more subjective, non-financial impacts of an accident. This usually includes pain and suffering, emotional distress, or loss of companionship. Though these are intangible damages, they can greatly affect your quality of life after a bus accident.
Punitive Damages
Punitive damages aren't awarded in every case and their main purpose isn't to compensate you for your losses but rather to punish the defendant for their particularly harmful behavior. To be awarded these damages, you must prove that the defendant engaged in oppression, fraud, or malice.
“In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.”
Liability in Bus Accident Cases
Bus accidents are complex cases, often involving multiple parties, which means it can be difficult for victims to navigate them on their own without legal assistance. In California, there are many entities that may be responsible depending on the circumstances of the accident. Liability will depend on whether the bus is public or private, who was operating the bus at the time of the accident, and more. Some of the most common parties that can be held liable include the following:
The Driver of a Bus
The driver of a bus is one of the most obvious parties that could be held liable in an accident case. If it is found that the bus driver was negligent or reckless while driving—for example, if they were speeding or driving under the influence—they may be held accountable for any damages or injuries caused by their actions.
Supervisor of Bus Drivers
Bus drivers often work under supervisors who are responsible for managing them and ensuring they are following all applicable safety regulations while driving. Therefore, if it can be proven that a supervisor failed to do their job correctly and this failure somehow contributed to an accident occurring, they may also potentially be held liable in an accident case.
Owner of a Bus
The owner of a bus could also potentially face liability in an accident case if it can be shown that their vehicle was not properly maintained and/or operated according to applicable safety regulations prior to an incident occurring. Owners are responsible for ensuring that buses meet all relevant safety standards set forth by state and federal law and must make sure they hire qualified drivers and maintain their buses regularly so as not to pose any risk to passengers aboard them.
Drivers of Other Vehicles
Drivers of other vehicles such as cars and trucks can also be held liable if they are involved in an accident with a bus. In this scenario it would be important to determine which driver was at fault so that you know who to bring your claim against.
Manufacturer Liability
If it is determined that a defect in either the bus itself or one of its components was responsible for causing an accident, then manufacturers could potentially face liability as well. By law, all manufacturers must ensure that their products are safe when used according to instructions and they must meet certain design standards.
If it can be shown that they failed to meet these standards or marketed unsafe products without warning consumers adequately about potential danger, they could face legal action via a product liability case from those affected.
Proving Negligence in a Fresno Bus Accident Case
To secure compensation in a Fresno bus accident case, it is critical to prove negligence. This process involves collecting evidence that demonstrates four key elements:
Duty of Care: You must prove that the responsible party (the bus driver or relevant supervising entity, for example) had a responsibility, or 'duty of care', towards you - maintaining safety standards while driving.
Breach: Next you need to show how this duty was not met, for instance by presenting evidence of reckless behavior like speeding or distracted driving.
Causation: Following this, causation must be established. This means showing that the breach of duty actually caused your injury – the bus driver crashed into you because they were distracted.
Damages: Finally, you have to provide proof of actual damages resulting from the accident - like medical bills for treatment of your injuries or lost wages due to time off work.
While recovering from a bus accident can be a stressful and complex process, understanding your rights and the compensation available to you is crucial. Always reach out to a Fresno accident lawyer as soon as possible for help.
Time Limits to File a California Bus Accident Claim
The statute of limitations for a bus accident in California is usually two years from the date of injury. However, if your injury was not discovered right away - often referred to as delayed discovery - this deadline is one year from the date you became aware of your injuries.
It's important to bear in mind that there can be other exceptions to this deadline as well, which vary depending on the circumstances surrounding your bus accident.
For instance, if a claim is against a government entity - such as an accident involving city buses - time limits are significantly shorter and have certain notice requirements.
These time restrictions make it crucial for you to act quickly following an accident. If these deadlines are not adhered to, your rights to seek compensation may be forfeited, so always speak with a lawyer as soon as possible after your injury.
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Contact Roberts & Spiegel Injury Lawyers For Help With Your Bus Accident Claim
If you’ve been injured in an accident involving a bus, you could be entitled to compensation. Let us help you so you can focus on your healing. If you need help with a bus accident claim, contact Roberts & Spiegel today to schedule a free consultation.