How Do I Get a Bus Crash Settlement?

The settlement process begins with a compassionate understanding of the victim’s situation. In most cases, a large bus crash settlement isn’t a luxury option. Instead, a large settlement is an absolute necessity. The average injury-related medical bill exceeds $40,000. Bus crash victims shouldn’t have to depend on government or insurance handouts to pay these bills. Furthermore, these victims need money to put the crash behind them and move on with their lives.

Next, a Carlsbad personal injury lawyer formulates a plan that usually involves one of the two kinds of legal claims discussed below. After attorneys plan their work, they work their plans. Getting a big bus crash settlement is almost that simple, at least for a good Carlsbad personal injury lawyer. This settlement usually includes compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Ordinary Negligence

Most bus drivers have impossible jobs. They must safely operate huge motor vehicles which usually weigh more than 40,000 pounds. At the same time, they must usually chaperone passengers who, in many cases, have been drinking heavily. As if all that wasn’t enough, many bus drivers must also be tour guides.

Bus owners could easily hire extra workers and lighten the load. Because they refuse to do so, these companies are often financially responsible for bus crash damages. More on that below.

First things first. Before victims cash their settlement checks, a Carlsbad personal injury lawyer must prove the following four elements of a negligence case:

• Duty: Most commercial drivers, like bus drivers, have a duty of utmost care. Since these individuals are professional drivers, California law holds them to a higher standard. They must go above and beyond to avoid accidents.
• Breach: Distraction and fatigue may be the most common breaches of duty in bus crash cases. We outlined distraction above. No one can safely multitask that much. Long hours behind the wheel or the time of day could cause drowsiness. Many bus drivers must adhere to very strict schedules that don’t accommodate traffic or other conditions. Furthermore, most people are naturally drowsy late at night or early in the morning, when most school, transit, intercity, and party buses operate.
• Cause: Quite simply, cause is a connection between breach and damage. A Carlsbad personal injury lawyer must prove the breach substantially caused the damage. Bad weather and other such conditions contribute to crashes. They don’t substantially cause them, at least in most cases.
• Damage: Usually, a victim must sustain a tangible injury to obtain compensation. Most bus crashes cause serious physical and psychological injuries, due to the size of the vehicle and the fact that the passengers are usually unrestrained.

Ordinary negligence establishes legal responsibility. Employers, like bus companies, are financially responsible for damages if their employees negligently cause injury during the course and scope of employment.

Product Liability

Driver error causes about 90 percent of the bus crashes in California. A defective product, usually a defective tire, causes most of the rest.

The strict liability rule could apply in these matters. Generally, manufacturers are strictly liable for injury if a design or manufacturing defect causes injury. Negligence, usually in the form of a coverup, is relevant as to the amount of damages.

Negligence is a possibility as well. Sometimes, manufacturers do everything right, but the product has dangerous side-effects. If the company doesn’t adequately warn customers about the danger, the company is negligent.

Sometimes, these claims overlap. For example, if a drug manufacturer fails to warn people about a rare medication side effect, and the side effect causes injury, either negligence or strict liability could apply.

Count on a Thorough San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

injuryfacts.nsc.org/work/costs/work-injury-costs/