Standing on double-decker tour buses leads to serious injuries and death.
On July 16, Lauren Guerra filed a bus accident injury lawsuit against Starline Tours, alleging that their negligence resulted in her experiencing disfiguring facial injuries during a tour last year.
Guerra says that she was riding up on the top, open level of the bus when the accident took place. She says she stood up at the wrong time and was struck by a tree branch while the bus was traveling about 45 mph. The blow knocked her down, shattered the bottom of her eye socket, damaged the lower muscle in her eye, and fractured her skull.
Guerra has already had one surgery, with another planned for the near future to help reduce the disfigurement left by the accident. She is also still undergoing treatment for double vision nearly a year after the accident.
The lawsuit alleges that Starline Tours engages in irresponsible corporate behavior, presumably because they do not do enough to warn riders of the dangers of standing up on the top level of the bus. If this can be proved, it seems Guerra may have a lot to gain because she can ask for damages to cover her medical bills as well as the lifelong impact that a disfiguring injury such as hers can have. In addition, she is seeking punitive damages. Punitive damages are not awarded very frequently, and in order to secure them Guerra’s attorneys will have to prove that Starline’s behavior was especially egregious.
The announcement of this lawsuit followed close on the heels of another bus accident involving Starline. This accident was much worse, resulting in the death of a 16-year-old boy. Mason Zisette was riding on a Starline bus that had been chartered for a classmate’s birthday party. He too stood up at a bad moment, but instead of getting hit by a branch he hit his head against a freeway overpass. He was rushed to the hospital but died of his injuries.
If Guerra is successful in her lawsuit, it could provide an example for Zisette’s family to follow in seeking compensation for their loss in a wrongful death suit.
Another important impact that Guerra’s lawsuit may have is spurring Starline Tours to change their corporate policies to better protect their customers from injuries while riding on top of their tour buses. We will be following the progress of these cases closely.
