Obstacles to Bus Crash Settlements

Every year, bus accidents and other vehicle collisions kill or seriously injure millions of people. About 90 percent of these cases settle out of court. A sure-thing favorable settlement is usually preferable to a risky trial. There’s no way to predict how a jury will react to the evidence in a case. Furthermore, a settlement is a final resolution. Insurance companies write checks as soon as they settle cases.

However, insurance companies, which are in business to make a profit, do not hand out large settlements like candy on Halloween. Instead, an Oceanside personal injury lawyer must build a strong case from the ground up, starting with solid evidence. The case must be strong enough to withstand likely insurance company defenses. A combination of hard work and assertive advocacy usually produces results that exceed your expectations.

Lack of Evidence

A lack of evidence, which is really a lack of effort, is one major obstacle to maximum compensation in a bus crash settlement.

Basic evidence in a bus crash case usually includes medical bills, the police accident report, and witness statements. Many lawyers try to build foundations with this evidence alone. In many cases, this approach is sufficient. But to ensure maximum compensation, an Oceanside personal injury lawyer must go above and beyond.

Electronic evidence often effectively supplements this basic evidence. A bus’ Event Data Recorder, which resembles a commercial jet’s black box flight data recorder, is a good example. Vehicle EDRs measure and record operational information like:

• Vehicle speed,
• Steering angle,
• Brake application, and
• Engine RPM.

An attorney often works with an accident reconstruction engineer to put these bits of evidence together like the pieces of a jigsaw puzzle.

If the EDR was working properly, this electronic evidence is almost bulletproof in court. However, without diligent effort, this critical evidence is often unavailable.

Passenger bus EDRs are very sophisticated devices. An attorney must have the proper technical tools and savvy to tap into these computers and download the valuable information they contain. Additionally, unless an Oceanside personal injury lawyer acts quickly, bus owners often “accidentally” destroy EDRs and other physical evidence.

Proper Legal Paperwork

Sufficient evidence is a good start in a bus crash case, but it’s only a good start. When an attorney files legal paperwork, this paperwork must name the proper defendant. That’s not always easy to do in bus crash matters.

Usually, the bus owner is legally responsible for damages. Under the respondeat superior rule, employers are responsible for the damages their employees negligently cause during the course and scope of their employment.

The respondeat superior rule is broader than many attorneys think it is. For example, if an unpaid volunteer driver was behind the wheel, this rule usually applies. Although volunteers aren’t “employees” for most purposes, they’re employees for negligence purposes. The bus owner controls these drivers (tells them who to pick up, what route to take, where to drop off passengers, etc.).

Comparative Fault

Attorneys must also anticipate common insurance company defenses, such as comparative fault. This legal loophole shifts accident blame from the tortfeasor (negligent driver) to the victim. For example, if the tortfeasor was speeding and the victim changed lanes unsafely, the insurance company may claim that the victim’s aggressive driving substantially caused the wreck.

To refute this defense, an attorney must prove the victim’s negligence was a contributing cause as opposed to a substantial cause. Many causes contributed to World War II in Europe. Nazi aggression substantially caused WW2.

California is a pure comparative fault state. So, even if the victim was 99 percent responsible for the crash, the tortfeasor (or rather the tortfeasor’s employer) must pay a proportionate share of damages. These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Work With a Diligent San Diego County Lawyer

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

Source:

iihs.org/research-areas/fatality-statistics/detail/yearly-snapshot