One of the most complicated types of personal injury cases is a bus accident. This is because there are generally many people involved. We find that victims and their families are often lost when it comes to finding out how to hold the at-fault parties responsible and in understanding their legal rights. That is why it is important to talk to a personal injury attorney.
Keep reading to find out more about your legal rights and to discover who can be held responsible for your injuries. Then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
The Important Difference Between Public and Private Buses
If you are injured on a private bus, like a tour bus, your personal injury claim is likely going to be against a private company or an individual. In that case, you will have two years to file your lawsuit, starting with the date of your accident. If you do not file within that timeframe, then you will generally not have the right to do so.
On the other hand, if you are injured on a public bus, and the injury was caused by the bus driver or owner’s negligence, then your claim will be against a government agency. For these cases, the statute of limitations is only six months. You will have to file within this time or lose your right to do so. This is one of the reasons you should not only contact a personal injury attorney but contact them right away.
The Common Carrier Rule
In California, the common carrier rule holds that bus drivers are required to use a higher duty of care when they have passengers in their vehicles. California law requires that these common carriers must transport passengers safely by using the highest care to prevent harm to passengers.
Every driver has a duty of care to their passengers, but a non-commercial driver is only legally required to exercise reasonable care. This is how the common carrier rule is different – drivers are required to use the highest level of care to protect their passengers.
There Are Several Parties Who Could Be Held Liable in a Bus Accident
Yes, the bus driver might be found liable for your accident, but they are far from the only ones. A bus company could be found responsible for your accident if they did not have their vehicles maintained on an appropriate basis, and their failure to do so was negligent. Bus mechanics can be found liable if they were negligent in their maintenance or repairs. Even bus parts manufacturers could be liable if their parts caused an injury.
The best way to find out what your options are is to contact a personal injury attorney right away. You can reach Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
