Buses and trucks are significantly larger than regular passenger vehicles. Because of this, accidents between a bus or truck and a standard-sized car could result in considerable property damage or, worst-case scenario, fatalities.

Despite the complexity of truck and bus accident cases, there are important distinctions between them. These differences could become relevant after those injured in an accident begin the legal process necessary to seek compensation for their losses.

This blog discusses how California bus accidents differ from truck accidents and the crucial information that accident victims should be aware of while pursuing compensation in each situation. Read on to learn more.

  • California Truck Accident Lawsuits

Accidents involving trucks are often serious and can drastically alter the lives of their victims. These accidents could result in serious, if not fatal, consequences. If you've been hurt in a truck accident, one of the most important choices you'll have to consider is whether you'll negotiate a settlement out of court or take legal action. An attorney could help you analyze the basics of your case and decide whether you should settle or go to court.

Recovering damages after a truck accident could be far more difficult than other accident types. Truck accidents present a special set of liabilities for the involved parties.

Whether the truck driver is an employee of the trucking firm or an independent contractor makes a big difference in determining who is at fault in the event of an accident and whether or not legal action can be taken. Sometimes hiring an attorney is the only way to ensure a legitimate claim and stronger chances of receiving compensation after considering all relevant factors.

Establishing Fault in Truck Accident Lawsuits

A victim could be able to sue several parties based on the specifics of the truck accident.

It is essential to have a solid understanding of the components that make up the lawsuit, including flaws, the trucking business, negligence on the part of the business, manufacturing problems, or the independent contractor. Every problem could be traced back to a distinct entity.

If the accident involves the trucking business, the victim would likely file a case against the company and deal with the insurance firm representing the business. The first move is to retain legal representation when seeking financial restitution.

  • The Truck Driver Involved in the Incident

In most cases, the truck driver involved in the accident will either be an independent contractor who works on a broad range of tasks or be hired by a business that provides them with weekly work. When a truck driver is directly to blame for the accident, the victim could be able to hold the truck driver accountable for their actions.

Even though the defendant could have been at fault in some way, there may be other factors in the lawsuit that shift the blame to a third party, including the trucking business or the designer of a defective product. Other parties could also bear some responsibility for the accident, such as the business that changed the truck bed's contents or did away with safety ropes and nets.

  • The Trucking Company

In cases where the truck driver cannot pay for damages or when the accident was the company's fault, the victim could pursue legal action against the trucking business. In many cases, the trucking business is to blame for the damages resulting from an accident.

This can be the case when the trucking business takes shortcuts, forces its employees to work long hours, has malfunctioning equipment, has products that fell off the truck, is in bad condition, or other issues, for example, inadequate training.

In most cases, the insurer representing the trucking firm will side with the business in question and either vigorously contest the need for a settlement or work toward reaching one as quickly as possible.

Imposing Liability on the Trucker or the Company

The truck accident victim needs to identify the at-fault party and hold them accountable for the damages brought on by the truck accident to recover compensation for their losses.

But this often calls for the assistance of legal counsel and an investigation and solid proof to substantiate the allegation. There are various ways to demonstrate trucker negligence if it was the cause of the collision.

To determine who was at fault for the occurrence, an expert witness could investigate the scene, put out several possible explanations, or even stage a reenactment of the accident. After retaining an attorney, they could hire this expert to unearth any concealed information.

You will need to file a lawsuit for personal injury in to be able to obtain any compensation for the damages and losses you have sustained. Any violations of federal laws on the part of the trucker or trucking business could further solidify the case.

Although the trucker could have contributed to the collision through their negligent actions, the trucking firm could also share responsibility due to inadequate training, the imposition of excessive working hours, or by breaking state trucking rules.

Having legal representation can be helpful for victims in both identifying the liable party and starting legal proceedings before the statute of limitations time limit expires.

The truck accident attorney you retain should thoroughly investigate the incident before filing a claim. Obtaining evidence is critical for holding the truck driver or company accountable and pursuing all necessary and available compensation to ensure the victim recovers fully.

California's Statute of Limitations for Truck Accidents

The time limit for filing a lawsuit after a truck accident is short. The legal term for this is "statute of limitations." For claims involving truck accidents, the statute of limitations is 2 years from the date of the incident. This signifies that those injured in truck accidents have 2 years to initiate a claim against the firm, trucker, or any other parties involved.

It is crucial to speak with a personal injury lawyer as early as possible when you or your loved one has been hurt in a truck accident to make sure your claim is submitted before the relevant statute of limitations expires.

  • California Bus Accident Lawsuits and How They Differ From Truck Accidents

Since buses provide transportation services to the public in the course of business operations, accidents involving buses are governed by the laws of common carrier laws. A common carrier is any person or company that transports passengers, freight, or both for a charge and provides these services to the public under the jurisdiction of a government authority.

Common carriers could be either public or private entities. These regulations are enacted on the state, local, and federal levels. The Interstate Commerce Act governs common carriers that traverse state lines, whereas states regulate transit within their borders.

Common carriers also include:

  • Taxis
  • Ferries
  • School buses
  • Light rail
  • Trains
  • Cruise ships
  • Cable cars
  • Planes
  • Trolleys
  • Tour boats
  • Airport shuttles
  • Limousines (in certain states)

Duty of Care in Bus Accident Cases

Common carriers have a legal obligation to demonstrate a greater duty of reasonable care because they provide transit services to the general populace for a service charge. Although non-commercial motorists are required to drive with reasonable caution, common carriers are required to exercise the utmost caution and care for the welfare of their customers and the general public.

Negligence can result from a failure to uphold that greater standard of care. As a result, if you're a bus rider who sustains an injury due to a bus accident, you could be entitled to compensation under a specific set of regulations.

When a bus accident happens because of the carrier's negligence, like speeding, driver fatigue, poor maintenance, flat tires, or insufficient training for bus drivers, the carrier would be liable for losses under wrongful death or personal injury laws. Special rules could also apply when young children, sick people, or people with disabilities are injured while riding a bus.

It is crucial to remember that since most common carriers are government organizations, there are often very strict and constrained deadlines for bringing claims for these kinds of cases.

Also, additional notices may be submitted before a lawsuit can be filed when dealing with a government agency. As a result, it is recommended that you speak with a common carrier law expert when you or a member of your family has been hurt in a bus accident.

Who Is Liable in a Bus Accident?

It can be challenging to determine the guilty party in a bus accident. There could be several contributing elements. The person could have been intoxicated, distracted, or fatigued while operating a motor vehicle. Provided there's solid evidence, it will be easy to hold them liable for their negligent action. However, determining the right party would take a lot of work.

Carrying Out an Investigation

An inquiry must be launched to discover who was responsible for the incident. The following parties could be held accountable for the damages:

Bus Driver

According to California law, a bus driver must apply "the utmost diligence and care for their carriage, provide everything essential for that goal, and employ a reasonable level of competence to achieve that goal." They are responsible for keeping the passengers and motorists around them safe. Bus drivers should:

  • Be courteous to their passengers
  • Pay reasonable attention to the passengers
  • Provide passengers with the necessary accommodations, especially for the disabled and elderly
  • Inform passengers of potential risks when using the bus's services
  • Observe the traffic regulations
  • Keep passengers safe from any possible danger or injuries

Failure to meet these requirements could lead passengers and surrounding motorists to sustain injuries or lose their lives. If there is a bus accident, the bus driver will almost certainly be the first party held responsible.

State, City, and Council Agencies

They would be held responsible for any injuries sustained if they:

  • Construct substandard roads
  • Use unclear turns or lanes
  • Leave leftovers of debris on the highways and streets
  • Don't put up signs to warn people about curves
  • Erroneous signage in construction zones that were not designed for that purpose

Bus Manufacturer

They would be held accountable for any injuries to passengers if they:

  • Developed flawed designs
  • There was no warning label to make users aware of the dangers associated with the carriage
  • Were conscious that there were production flaws but did not provide a sufficient warning

Determining Liability

A plaintiff who was partially to blame for the accident but still deserves compensation can do so in California due to the state's comparative liability law. Damages will be lessened based on how much each party is to blame.

An injured victim could seek compensation by demonstrating that the defendant's negligence caused the accident. The following are some of the elements of negligence:

  • The offender had a duty of care to the victim
  • The defendant's infringement constituted a crucial factor in causing the victim's injuries
  • The offender violated the duty of care via negligence

If an injured victim can demonstrate that the accused was negligent, the perpetrator would almost certainly be held liable for the victim's damages.

Statute of Limitations for Injury Cases from Bus Accidents

The term "statute of limitations" refers to the period when the law allows you to file a lawsuit for damages and injuries. The statute of limitations varies depending on the type of case. When suing a government organization, there are several statutes of limitations.

Since most bus operators are regarded as government bodies, you only have a limited amount of time to submit an injury claim. Make sure you file your case as soon as possible if you've been hurt in a bus accident.

How Much Time Do I Have to Submit a Lawsuit Against a Bus Company?

The statute of limitations for filing a personal injury lawsuit in the state of California is only six months. A damage claim is distinct from a lawsuit. You should first submit a claim to the MTA, which is the transit authority. You can do this by filling out the website's accident form.

Make sure you speak with a lawyer before drafting this document. You should be precise and clear, but you should use caution in how you phrase your claims.

These statements could often be used against you to reject or restrict your compensation claim. A two-year statute of limitations begins on the incident date after a lawsuit has been filed with the transit authority. A case will be filed if the MTA doesn't properly investigate and respond to your issues. These types of allegations are normally addressed when a lawsuit is filed.

If you're considering hiring an attorney, ensure they know the six-month statute of limitations for filing a lawsuit with the MTA or transit authority. You must submit a claim within that time frame to retain the right to claim.

What Happens If You Don't Meet the Deadline?

If you have a valid reason, you can challenge the statute of limitations. Maybe the individual making a claim sustained injuries. If the injuries were severe, the statute could be tolled. However, if you intentionally missed the statute of limitations, you won't be able to file a lawsuit for damages.

In certain cases, it's possible that your lawyer was unaware of the 6-month time limit. You should communicate with them to fully comprehend the facts in such circumstances. Even though the statutory limit has passed, you could still try to submit a claim if you've suffered serious injuries. Even though this could severely compromise or impede your ability to recover, it is worth considering the possibility of filing an appeal.

If you were involved in a bus accident but did not file a lawsuit on time, you could be wondering about the following:

  • If you do not file your personal injury lawsuit on time, you forfeit your right to seek compensation. However, it is possible to apply for a late claim to be accepted. To be more precise, you should request authorization to submit a late compensation claim within a year of the accident. While this is a possibility, you shouldn't assume that an application for late claims would be accepted since the government body can still reject the request
  • If your claim application is accepted, you can proceed with the case. If your request is turned down, you could initiate a civil petition to be exempt from attending the government's case in person. This appeal should be submitted within 6 months of the denial of the petition for a late claim. Although this is an alternative, there's no assurance that the application will be authorized and that you'll be able to submit your claim

An experienced personal injury lawyer knows that life is not easy, especially in the aftermath of an accident. Many factors can contribute to missing a deadline for filing a government case. Although you could have felt that you had forfeited your right to sue by skipping the initial six-month deadline, you still have alternatives. Even if it is late, a professional attorney is prepared to assist you in filing your claim.

Find a Los Angeles Personal Injury Attorney Near Me

Bus and truck accidents are a common occurrence in California. Victims of such accidents often sustain devastating injuries and fatalities in some cases. If you or someone you know has been hurt in a bus or truck accident, you should consult a personal injury attorney as soon as possible. Our professionals at the Los Angeles Personal Injury Attorney help truck and bus accident victims in Los Angeles seek compensation. Call us today at 424-231-2013.