Understanding Common Causes of Bus Accidents in Santa Monica
Bus accidents in Santa Monica are often caused by various factors that extend beyond driver error. Some of the most common causes include:
- Driver Distraction: Texting, eating, or engaging in other distractions while driving can lead to a lack of focus.
- Mechanical Failures: Poor vehicle maintenance, including brake failure, tire blowouts, or engine malfunctions.
- Weather Conditions: Fog, rain, and slippery roads create hazardous driving conditions.
- Driver Fatigue: Overworked or sleep-deprived drivers failing to react quickly or maintain full attention on the road.
- Unsafe Driving Practices: Reckless behaviors like speeding, unsafe lane changes, or running red lights.
- Improper Loading or Overcrowding: Buses that are overfilled or improperly loaded can cause instability and increase the risk of accidents.
Combined with other elements, these factors significantly increase the risks to passengers and other road users. If you've been involved in an accident caused by one of these issues, it’s essential to investigate the underlying factors to establish liability and pursue proper compensation.
Bus Driver Duty of Care
California law imposes a heightened duty of care on bus drivers, who are considered "common carriers."
The California jury instruction which applies to common carriers, CACI 902, states:
"Common carriers must carry passengers safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do to avoid harm to passengers.
While a common carrier does not guarantee the safety of its passengers, it must use reasonable skill to provide everything necessary for safe transportation, given the transportation used and the practical operation of the business."
In practical terms, this duty of care affects how liability is evaluated after a crash involving a public transit bus, a tour bus, or a school-related vehicle in and around Santa Monica. Investigations will typically look at whether the driver followed safety protocols, whether the bus company provided adequate training, and whether all reasonable steps were taken to protect passengers under the circumstances. When we analyze a collision on routes that run along streets such as Wilshire Boulevard or Lincoln Boulevard, we use these legal standards to assess how a Santa Monica Bus Accident Attorney can present evidence showing a breach of that heightened obligation.
Statute of Limitations for Bus Accident Claims in California
California's statute of limitations for filing a personal injury claim, including bus accidents, is generally two years from the accident date. If you've been injured in a bus accident, you must file your lawsuit within two years of the incident to preserve your right to seek compensation.
However, exceptions extend this period, depending on factors such as the defendant's identity and the government involved (e.g., a municipal bus). For example, if you're suing a government entity, you may be required to file a Notice of Claim within six months of the accident, and failing to do so can bar your claim altogether.
Do I Need an Attorney if I've Been Injured in a Bus Accident?
If you have been injured in a bus accident, you are urged to seek compensation with a bus accident attorney. Whether you have been injured due to the negligence of the bus company or another party, you are entitled to compensation for medical expenses, loss of income, property damage, and pain and suffering. Bus accidents can be complex. You need a strong and capable attorney experienced in investigating the causes of bus accidents and proving liability.
Compensation Available After a Santa Monica Bus Accident
After a serious crash involving a city bus, tour bus, or shuttle, many people are unsure what types of compensation they can pursue or how those amounts are calculated. In general, you may be able to seek recovery for medical bills, future treatment needs, lost wages, loss of earning capacity, property damage, and the pain and disruption the collision has caused in your daily life. As a Santa Monica Bus Accident Lawyer, we review medical records, employment information, and your personal account of how the incident has affected you so we can present a clear, organized picture of your losses to the insurance company or, if necessary, to a jury.
In some cases, additional categories of damages may come into play, such as compensation for scarring or disfigurement, loss of enjoyment of life, or the impact that permanent limitations have on family relationships and daily activities. If a loved one is killed in a bus accident, surviving family members may have a wrongful death claim that allows them to pursue funeral costs and certain financial and emotional losses tied to the person’s death. We also pay close attention to how quickly you can return to work or school, whether you need accommodations, and whether ongoing therapy or rehabilitation at local providers in Los Angeles County is improving your condition. By taking a comprehensive approach to damages, we work to ensure that any settlement or verdict reflects both the immediate costs you face and the longer-term ways this event may shape your future.
How McGee Lerer Ogrin Can Help in Santa Monica
Attorneys Daniel McGee and Catherine Lerer and a husband and wife attorney team have over 40 years of combined legal experience. What sets us apart? We are not a "mill" that takes every case through the door. We are selective in the cases we take on to provide the individualized attention that each of our clients deserves. Since opening our office, we have built a successful practice based on referrals from prior clients and other attorneys seeking our experience.
Meet with a Santa Monica personal injury attorney at our firm for a free consultation. We will review your case and let you know what to expect and how we can assist you. If an attorney already represents you but are unhappy with your lawyer, we can provide a second opinion at no charge. You can change attorneys at any time at no extra charge. We pay your previous attorney out of our portion of the settlement.
Skilled Negotiation for Full Settlement of Bus Accident Claims
We are skilled in negotiating settlements for full compensation. We settle 98% of our cases before trial. If the defendant is unwilling to be reasonable, we are ready and able to take the case to court to achieve what is right.
Medical treatment after a bus accident is recommended. We recommend that our clients contact a doctor they know or one referred by friends. However, if you are unable to obtain medical treatment (whether you can't afford it or don't know who to treat with), we can refer you to an excellent physician near you who will treat you and wait until your case is resolved before payment.
Don’t wait until it’s too late. Reach out to our skilled Santa Monica bus accident lawyers by calling (310) 692-9582 now to discuss your case and explore your legal options!
