Maison Law Accident and Injury Lawyers of Fremont helps anyone that’s been injured in an accident throughout the city. When you’re out and about in Fremont, you’re probably pretty used to seeing a bus, whether it’s a local school bus or a Santa Clara Valley Transportation Authority (VTA) bus. Like any accident with a larger vehicle, bus accidents in Fremont can cause life-changing injuries. To learn more about your options, contact us today for a free consultation.
Why Do You Need a Lawyer After a Bus Accident?
You don’t technically need a lawyer after a bus accident in Fremont. There’s no legal requirement that holds you to this, but that doesn’t mean that having a lawyer won’t help you. The more complex your case becomes, the more likely you’ll need our team’s help, because you’re not only dealing with legal complexities, but also major injuries.
Even in the face of these challenges, we can help you with the following:
- Investigating to see what caused the accident
- Explaining your options and rights
- Dealing with insurance companies to make sure you get a fair settlement
- Filing a lawsuit, if necessary
If you’ve been in a bus accident in Fremont, having our experienced lawyers on your side can make a big difference in how the process plays out for you. In general, we just want to make things easier for you, and one way we do that is by helping you understand what your legal options are.
Who’s Responsible For a Bus Accident in Fremont?
One of the toughest things about a bus accident isn’t just that you get seriously injured, but that it can be tough to know who’s responsible. But this is a very important aspect of your claim; it tells you who you’ll be filing against, but crucially, who is legally responsible for paying for your injuries and other losses (your damages).
Legally, buses are held to the same liability standards as other vehicles. If a bus driver’s negligence causes an accident, both the driver and the bus company may be held responsible.
But for you to establish negligence, you have to show that:
- The bus driver or another responsible party had a duty to act safely, but they failed to meet this duty, causing the accident that resulted in your injuries or losses.
What makes bus accidents complex is that several different parties could be involved. While the bus driver and their employer (which could be the city or county government if it was a school bus or VTA bus) are often primary sources of liability, others may share some of the liability. Most of the time, this is going to involve people like:
- Manufacturers – If faulty parts or safety equipment contributed to the accident, the manufacturer may be liable.
- Bus leasing companies – If the bus was leased and had issues, the leasing company could be responsible.
- Distracting passengers – If a passenger distracted the driver, they may share liability.
- Maintenance workers – If improper maintenance caused the accident, those responsible for upkeep may be accountable.
- Road maintenance agencies – Poor road conditions may lead to partial liability for local government agencies.
- Other drivers – If another driver’s reckless actions led to the crash, they could also be at fault.
Again, it’s very important to figure out all of the liable parties in your accident. This gives you more potential for damages, but it also opens up your options when it comes to actually filing your claim.
What Are Your Legal Options After a Fremont Bus Accident?
In terms of your legal options, it doesn’t necessarily matter whether a bus collides with you in your car, or whether you’re a pedestrian or riding the bus itself; your rights remain the same. When your injuries were caused by the negligence of somebody else, you can file an injury claim. Generally, you do this by either:
- Filing an insurance claim
- Filing a lawsuit
Now, the actual process of your case is going to depend on several factors, from who’s at-fault to how serious your injuries are. But the main goal is to get “damages” from the person or group that’s responsible for the accident. These usually include things like your:
- Medical expenses and ongoing care needs if you’re permanently injured
- Lost income from missed work and loss of future earning potential
- Repair/replacement costs for your vehicle or any other damaged property
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses, if your injuries are fatal
- Punitive damages, if the negligence that caused the accident was intentional or especially reckless
Remember, you must file your claim within two years of the accident, as set by the statute of limitations in California. If you don’t, you lose your right to file a claim or recover damages at all. And given that a bus accident is very challenging to your health, your damages could make a huge difference in your recovery.
What Can Cause a Bus Accident in Fremont?
There’s nothing inherently about Fremont that causes bus accidents. In fact, a bus accident is just as likely to happen to you in Fremont as it is in any other city. But, the circumstances and environment is very important when looking at a typical bus accident in Fremont. If you’re walking around busier areas like Downtown or along the Dumbarton Bridge during rush hour, you always have to watch out for a bus. That said, even if you are prepared, there’s a few common reasons why these accidents might be more likely to happen to you:
- Crowded locations – Crowded streets and bus stops in Fremont increase the chances of accidents, especially when pedestrians and drivers are not fully paying attention.
- Tired or inattentive drivers – Bus drivers working long shifts may experience slower reaction times, increasing the risk of accidents.
- Distractions – Activities like using a phone, eating, or talking to passengers can divert the driver’s focus from the road, leading to dangerous situations.
- Aggressive driving – Speeding, tailgating, or other aggressive behaviors become particularly hazardous in Fremont’s congested traffic.
- Inexperienced or poorly trained drivers – Drivers who lack proper training or experience may struggle to operate a bus safely, heightening the likelihood of accidents.
- Poor bus maintenance – Buses that aren’t routinely inspected and repaired are more likely to suffer mechanical issues, which can result in accidents.
- Bad road work – Potholes and uneven streets in Fremont can lead to accidents if bus drivers don’t take the necessary precautions.
Bus accidents can cause severe injuries such as head trauma, spinal cord injuries, whiplash, broken bones, lacerations, and internal injuries that may not be immediately apparent but could be life-threatening. So, you’re going to need a lot of help to recover, and while the legal process is there for you, there’s also things you can do to strengthen a potential claim.
Can You Strengthen Your Bus Accident Claim in Fremont?
Dealing with a bus accident in Fremont can feel overwhelming, especially if you’ve sustained injuries. Whether you were driving, walking as a pedestrian, or riding the bus, gathering the necessary information for your claim can be challenging. However, if you can take these steps, it will significantly strengthen your claim:
- Get medical care – Call 911 right away, even if you feel fine. A medical check-up will document any injuries, which is crucial for your claim.
- Report the accident – Contact the Fremont Police or CHP to file an official report. This will provide important details for your claim. Also, inform the bus company (or talk to the driver) about the accident and let them know of any damage.
- Collect evidence – If you can, get contact and insurance info from the driver and others involved. Take pictures or videos of the scene, damage, and any visible injuries.
- Keep records – Save all documents related to medical treatments, costs, and communications with insurance companies. These records are very important for your case.
- Be careful with statements – Don’t make statements or sign anything without talking to us first. Insurance companies may try to use your words to reduce their payout. Avoid posting about the accident online.
Although no one wants to experience a bus accident, it’s important to consider your legal options when it happens. By following these steps, you can establish a strong foundation for your claim.
Frequently Asked Questions
If you’re injured in a school bus accident, who’s responsible?
Most of the time, the school district that operates the bus is liable for any accidents. This is true whether your child is riding the bus at the time or if the bus hits you in traffic. You would file your claim against the city or county board of education, through the State of California.
How can you get hurt as a bus passenger?
Although a bus is designed to carry many different people around Fremont and other areas, it’s not exactly safe on the inside of the bus during an accident. Some buses have seat belts, but that’s not true across the board. So, you could definitely get hurt by being thrown to the ground or against the inside of the bus during a collision or rollover, which are two common types of accidents.
If my child is injured, do I still have two years to file a claim?
Yes, but if your child is under the age of 18, the two-year statute of limitations doesn’t go into effect until they turn 18.
Contact Maison Law Accident and Injury Lawyers of Fremont After a Bus Accident
When you’re injured in a bus accident, you might now know where to turn. But at Maison Law Accident and Injury Lawyers of Fremont, we have the skill and experience you need to protect your legal rights. Our team will explain the process, then guide you through it from start to finish. Don’t wait–if you’ve been hurt in a bus accident, contact us today for a free consultation.