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A Helpful Guide to Bus Accident Lawsuits in California Pt 2June 7, 2019 0 Comment Category: Automotive Law
Sometimes, multiple parties will be involved in an accident case, making it complicated. Worse still, if the injured victim also has a small role in the accident, then the amount they can win in court diminishes proportionally. However, you can obtain coverage for your damages with the help of a well-versed bus accident lawyer. On a related note, the compensation amount that you are entitled to will be calculated or reduced depending on your share of fault. After all, California is a comparative fault state. Besides, the plaintiff or victim will have to prove the negligence of the defendant in the court to get a favorable result. The common elements of negligence that you must point out in such cases are listed below.
- The safety of the victim was the responsibility of the defendant
- The defendant failed to fulfill or breached his/her duty of care
- The lack of responsibility of the defendant is the main factor that led to the fatal bus accident
Plus, a driver being behind the wheel for a longer-than-legal period of time is regarded as a misdemeanor in California, since drowsy driving can cause catastrophic accidents. Plus, drowsy drivers are held legally accountable for the accidents which they cause under the negligence per se laws in California.
School Bus Accidents
School buses are considered to be a safer option for students rather than going to school by car or any other vehicle. However, school buses too are often involved in accidents. In such cases, the bus driver and the school district are held responsible for the damages caused. If the accident is caused by a negligent school bus driver, liability is determined based on whether the school owns the bus, or contracted transportation to another company. In the former case, the school will be held responsible for the carelessness of the driver. In the latter case, the respective transportation company as well will be held responsible for the bus accident along with the school. According to the respondent superior law in California, the employer is responsible for the negligence of their employees.