A personal injury lawsuit comprises of a claim regarding damages for the injuries and losses inflicted by the accident. If a pedestrian, passenger, or a driver is injured by a bus accident, the victim is entitled to file a personal injury lawsuit to seek compensation for the damages caused. It is advisable to approach a bus accident attorney before you proceed against the offenders legally. Below is a discussion of the school and tour bus accident cases commonly reported in California.
School Bus Accident
School buses are supposedly a safe means for students to travel to their schools. However, there are cases of school bus accidents and when they occur; the school and the driver are held responsible for the harms caused. In case the school bus accident resulted from the negligence of the bus driver, the responsibility will depend on the nature of the contract; whether the driver was contracted by school administration to a different company or if the school itself operated the vehicle. In case the school controlled the bus, they could be held responsible for the carelessness of the driver. If the bus was controlled by a private company, they would also be liable for the damages caused.
According to California’s “respondent superior” laws, the employer is vicariously liable for the losses incurred by a negligent employee who operates within their scope of the job. This allows the victims to receive full compensation for the damages as the employers usually have the money required to pay for the damages.
Tour Bus Accident
There are several tour bus companies operating across California and its neighboring states. There are local routes for tourist attractions, casinos, and long-distance services. Most of these companies urge drivers to follow strict timelines. Even here, the driver’s negligence means the tour bus company will share responsibility for the damages caused. However, the operator will be held directly responsible for the negligent actions of the driver if there had been carelessness in supervising, training, or hiring of the drivers. If the company fails to review the driver’s qualifications thoroughly, the employers might be responsible for negligent hiring.
If the tour company fails to repair their buses properly, inspect them regularly, or supervise and train their drivers, the duty of the company as a common carrier would be violated. If these violations lead to an accident, the bus company would be deemed liable for the damages caused.
Regardless of the type of bus accident, it is recommended to consult a California accident attorney for legal proceedings. The understanding of the above cases and help from an experienced attorney will help you claim what you deserve.