Riding on a public bus might be an inexpensive and environmentally friendly way of getting around town, but like any vehicle on a roadway, its passengers are exposed to risks. Buses don’t have seat belts or air bags to protect passengers in the event of a collision. Buses stop close to curbs and travel through areas with heavy foot traffic, so even pedestrians are at a higher risk of being accident victims too. As a company that provides transportation services to the public, Thousand Oaks Transit is what’s known as a common carrier. Section 2100 of the California Code of Civil Procedure states that “A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.”
The Legal Wrinkle in Public Bus Accidents:
In California, the general rule is that a person who was injured in an accident has two years from the date of that accident to file their personal injury lawsuit. There’s another hoop to jump though, and that involves serving a claim notice with specific information in it on Thousand Oaks Transit. That notice must be served within six months of the date of the accident. Failure to file that notice within six months of the date of your accident is likely to result in dismissal of any lawsuit that you file, even if you file it within the two-year statute of limitations period. After proper service of a conforming notice, Thousand Oaks Transit must be given 45 days to respond. It might make an offer of settlement of your claim, but it might also deny or ignore it. Ignoring a claim after the 45-day period has passed operates as a denial.
Causes of Thousand Oaks Bus Accidents:
A bus company, its driver or another driver might cause a bus accident. Here are some of the common causes of such accidents:
- Distracted driving, like talking on a cell phone, talking to a passenger or texting while driving.
- Drivers who commit traffic violations like failing to yield the right-of-way at a stop sign or red light.
- Drowsy or fatigued driving when drivers spend too much time behind the wheel.
- Driving under the influence of alcohol, drugs or a combination of the two.
- Inadequate bus maintenance at the garage.
Bus Accident Investigation:
A thorough investigation is critical to prevailing on a personal injury claim arising from a bus accident. Knowing commercial vehicle and bus laws, local transit policies, interviewing witnesses, examining traffic or security camera footage and the analysis of bus data recorders all operate to put the pieces together as to how a bus accident happened. We also use the information that we obtain from these sources to anticipate any defenses that the bus driver or the transit company might raise.
Do I need a Lawyer for a Bus Accident?
You’ll quickly become overwhelmed if you try and handle a bus accident claim on your own, and you’ll likely make mistakes that can result in the devaluation or dismissal of your case. Our legal team at Quirk Accident & Injury Attorneys, APC stands ready to help you through every phase of a personal injury claim or lawsuit against any bus company. We can prepare and serve any required notices for you, and in the in the event that your claim is denied, we can prepare, file and serve an appropriate personal injury lawsuit on your behalf.
Contact a Thousand Oaks Bus Accident Lawyer Today.
After being injured in a bus accident involving Thousand Oaks Transit or any other bus company, don’t give its insurance company or its investigators any type of a written or recorded statement. California law doesn’t require you to give any kind of a statement, and there’s no reason for you to help the company prepare its defense against you. Instead of doing that, call us for a free confidential case consultation and assessment. If you retain us to represent you for the injuries and damages that you suffered, we’ll take all necessary steps to obtain the maximum settlement or award that you’re entitled to.