Bus Accidents in California
I’m Ed Smith, a Natomas personal injury lawyer. When you board the Natomas Flyer Shuttle, a Greyhound bus or watch as your child boards a school bus, you put your trust in others. Bus accidents don’t happen as often as car accidents, yet when they do, injuries can be severe. Let’s take a look at bus accident incidence, reasons they happen and who is responsible for damages.
Incidence of Bus Accidents
The Federal Motor Carrier Safety Administration reports on the number of bus accidents and fatalities each year. In 2015, there were 261 bus accidents resulting in fatalities nationwide. The number of people who lost their lives was reported as 295. The California Department of Education states that school students are eight times more safe in a school bus than when riding in a motor vehicle.
Buses as Common Carriers
Buses are defined as group carriers who can transport 10 or more individuals at the same time, according to the Federal Motor Vehicle Safety Standards. In California, buses, like other group rides, are covered under common carrier laws. Common carriers are expected to provide care and safety for their passengers that exceeds what is considered reasonable for passenger vehicles. This means that the common carrier or bus company must do everything that is possible to protect passengers from bus accidents. When this expectation is broken, passengers have the right to expect compensation for the damages they suffered. Drivers have an obligation not to just protect riders but pedestrians and other motorists with which the bus shares the road.
Large Commercial Buses
Tour buses such as Greyhound and charter buses travel from one end of the state to the other. Crashes on these buses, which cover long distances, can happen due to driver fatigue and the company’s indifference to switching drivers after a specific number of hours. Other negligent acts involve the company’s failure to maintain the buses and to be vigilant for defective parts.
Seat Belts on Buses
There are new laws in California that govern the use of seat belts on commercial buses. Seat belts are required on the buses for both the driver and the passengers. The seat belts must be maintained, and the driver is expected to make the passengers aware of the need to use seat belts during the trip. If a bus occupant is found not to be using his or her seat belt, a fine can be levied for $20 for the first violation and as much as $50 for additional violations.
Watch Youtube Video ~ DMV rolls out new laws in new year: Seatbelts on buses. Starting July 1, 2018 – learn the new law enforcing seatbelt use on buses:
School buses in California manufactured on or after 2005 with a capacity of more than 16 passengers are required to have three-point seat belts. Those who carry 16 or fewer students and are made after 2004 must have three-point seat belts as well. The school district cannot be fined if a student does not fasten a seat belt. Students are expected to be instructed on the use of seat belts in a manner befitting their age.
Damages That Can Be Recovered in a Bus Accident
Some damages that can be recovered in bus accidents are:
- Medical expenses
- Lost wages
- Pain and suffering
- Wrongful death
Who Is Responsible for Damages?
While bus accidents can on occasion happen due to the irresponsibility of other motorists, in many cases, the driver or bus company is to blame. In cases where local city or state run bus lines are involved, then the municipality or state is held accountable. School districts can be responsible for damages as can the manufacturer of parts used on a bus or the bus itself. Since drivers are expected to activate their lights indicating that the bus is stopping to discharge students or pick them up, the driver is responsible if they fail to do this. The lights must be maintained as well.
Natomas Personal Injury Lawyers
I’m Ed Smith, a Natomas personal injury lawyer. When you or a member of your family is hurt in a bus accident, it is essential that you have a legal representative on your side. Reach out to me at (916) 921-6400 in the area and (800) 404-5400 nationwide. You can also contact me online if that is more convenient for you to do so. I will provide friendly and free advice.
I’ve practiced injury law since 1982, helping those in Natomas and Northern California in wrongful death cases, traumatic brain injuries and pedestrian accidents.
If you are interested in reading more about personal injury law topics, you can do so here on AutoAccident.com, the website I created and own.
I am a California member of the Million Dollar Advocates. This is a forum of trial lawyers who have won settlements and verdicts of $1 million and more.
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Go to my settlements and verdicts page to check out how I have resolved other cases.
Photo Attribution: https://pixabay.com/en/bus-singapore-transport-yellow-bus-2506652/
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