Buses provide an important transportation option for Stockton residents who commute to work, attend school, or need to access medical care throughout San Joaquin County. The San Joaquin Regional Transit District (RTD) operates public transportation services throughout the county and although buses are considered a safe form of transportation, their size and weight can make an accident particularly dangerous for passengers and occupants of smaller vehicles.
When negligence causes an injury, a Stockton bus accident lawyer from Frank Penney Injury Lawyers can investigate who was responsible and get you the compensation you deserve. With over 30 years of experience representing clients from all walks of life, by hiring our team for your case, you can rest easy knowing your case is in the right hands.
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.
Who Can Be Held Liable for a Bus Accident in Stockton?
Liability in a bus accident will depend on what caused the accident and who owned or operated the bus. Unlike a typical two-car collision, a bus accident may involve several companies or government entities. For instance, the following parties may be potentially liable in a bus crash:
Bus drivers- A driver may be responsible for speeding, distracted driving, unsafe turns, following too closely, running a traffic signal, or otherwise operating the bus negligently.
Bus companies- Private carriers may potentially be liable for negligent hiring, maintenance, or the actions of employees acting within the scope of their employment.
San Joaquin Regional Transit District- Just like any bus driver on the road, the RTD can be held liable for any acts of negligence that resulted in an accident.
School districts or school bus operators- School bus cases may involve a public school district, private transportation contractor, or both.
Maintenance contractors- A company responsible for inspecting or repairing a bus could potentially be liable when negligent maintenance contributes to mechanical failure.
Bus or component manufacturers- Defective brakes, tires, doors, steering systems, or other components may create a potential product liability claim.
Other motorists- Another driver may cause a collision by running a red light, making an unsafe lane change, driving while distracted, or violating another traffic law.
Government entities responsible for dangerous road conditions- In certain circumstances, the design or condition of a public roadway may contribute to an accident and the local government can be held accountable for not addressing it.
Furthermore, whether your accident was a simple fender bender or a severe accident determining liability will require reviewing crucial evidence such as surveillance footage, onboard camera recordings, electronic vehicle information, maintenance records, employee training records, police reports, and even witness statements.
Are Bus Companies Held to a Higher Duty of Care in California?
California law does impose heightened responsibilities on transportation providers that legally qualify as common carriers. Under California Civil Code § 2100, a carrier transporting people for compensation must use the utmost care and diligence for their safe carriage and provide everything reasonably necessary for that purpose.
However, a common carrier is not automatically responsible every time a passenger is injured, which means the injured person still generally needs to establish the rules for negligence in order to file for a particular claim. This heightened duty may become important when an accident involves negligent conduct such as sudden braking, speeding, making unsafe turns, and even failing to allow passengers adequate time to board or exit.
What Are Common Causes of Bus Accidents in Stockton?
While bus accidents can happen almost anywhere in Stockton, heavy traffic and frequent interactions between buses, cars, pedestrians, and bicyclists can increase the opportunity for collisions. As Stockton's transportation network includes major roads such as Pacific Avenue, March Lane, Hammer Lane, and Wilson Way, a number of accidents can happen along due to any of the following:
Driver Error- One of the most common reasons for accidents, bus operators must monitor traffic while also accounting for the length, weight, turning radius, and blind spots. Any distraction, acts of speeding, fatigue driving, unsafe turns, or poor judgment may cause a serious collision.
Sudden Stops- When a bus operator suddenly brakes, standing passengers may be thrown to the floor or into another object causing them to suffer an injury, but negligence in these cases depends on why the driver stopped and whether the driver's actions were reasonable under the circumstances.
Unsafe Turns and Lane Changes- As large buses have significant blind spots and require additional space to maneuver, so if a driver is not careful with their maneuvers an unsafe lane change can strike another vehicle, cyclist, or pedestrian.
Improper Bus Maintenance- Transit vehicles require routine inspections and maintenance. As such any worn brakes, damaged tires, malfunctioning doors, steering problems, or other mechanical issues can potentially contribute to an accident.
Driver Fatigue- Commercial and transit drivers may spend long periods behind the wheel. As fatigue can reduce reaction time and impair judgment, it can increase the risk of driving errors and severe accidents.
What if I Was Injured on a San Joaquin RTD Bus?
Any claims involving public transportation can have substantially different procedural requirements than ordinary personal injury lawsuits. Because RTD is a public transit district that operates throughout Stockton and the larger San Joaquin County, an injury claim involving the agency may be subject to the California Government Claims Act (California Government Code § 911.2).
According to state law, any claims against a public entity must be filed and presented within six months after the cause of action accrues. This deadline is substantially shorter than the ordinary statute of limitations because it is designed to ensure no claim slows down any government operation such as public transit. As such, if you were injured due to the negligence of a government employee, it is recommended to act quickly.
What if I Was Hit by a Bus While Walking or Riding a Bicycle?
If a pedestrian or bicyclist was hit by a bus, they still retain the same rights as any person who was injured by a bus and are eligible to file a personal injury claim to recover compensation. However, it is important to note that if the bicyclist or pedestrian was at-fault for causing the accident to occur then, under California Civil Code § 1714 and California's comparative-fault principles, an injured person's compensation may be reduced according to their percentage of responsibility.
What if Another Vehicle Caused the Bus Accident?
If another vehicle caused the bus accident in question, they may share or bear primary responsibility for the accident. For example, a passenger could be injured after a vehicle cuts directly in front of an RTD bus, forcing the bus operator to brake suddenly.
Depending on the nature of the accident and the available evidence, an injured passenger may have claims involving the negligent motorist, the motorist's employer if the driver was working, the bus operator, the bus company, or another responsible third party.
What Should I Do After a Bus Accident in Stockton?
The aftermath of a bus accident can be confusing, particularly when a passenger does not immediately know which agency or company operates the vehicle. While it is understandable to feel shaken up and prioritize your safety, it is important to consider taking the following steps to ensure you have enough evidence to start a legal claim:
Report the accident- Make sure the driver, transit agency, police department, or other appropriate authority has been informed.
Get medical attention- Some injuries may not become obvious until hours or days after the accident.
Identify the bus- Photograph or record the bus number, route number, license plate, operator, and transportation company if possible.
Take photographs and videos- Document the bus, surrounding roadway, intersection, visible injuries, vehicle damage, and other relevant conditions.
Get witness information- Other passengers, motorists, pedestrians, or nearby workers may have seen what happened.
Keep your transit information- Save tickets, electronic fare records, receipts, route information, or other evidence showing that you were aboard the bus.
Preserve medical and employment records- These documents can help establish injuries, treatment costs, and lost income.
Determine whether a government claim is required- This should be addressed quickly because the applicable deadline may be significantly shorter than the ordinary personal injury statute of limitations.
Does a Stockton Bus Have Cameras That Could Show What Happened?
Public transit and commercial buses do have cameras that can be used to see what transpired during the accident. This video footage can be particularly valuable when there is a disagreement about whether a driver braked suddenly, a passenger fell, another vehicle entered the bus's path, or a pedestrian was within a crosswalk.
Furthermore, it is important to note that video and other similar electronic records may not necessarily be preserved indefinitely and may be unintentionally deleted unless told so. With that in mind, sending a preservation request early in the investigation may help prevent relevant evidence from being routinely overwritten or destroyed.
How Much Is a Stockton Bus Accident Claim Worth?
Due to the nature of bus accidents there is no standard settlement amount that lets people know how much the average bus accident is worth. This is because of the fact that two passengers injured in the same collision may have significantly different claims because one person could recover within several weeks while another suffers a permanent disability.
While there are personal injury settlement calculators that can inform injury victims a rough estimate of what their claim can be valued at, a bus accident lawyer can provide an accurate estimation after evaluating the available evidence and medical documentation.
Do I Need a Lawyer After a Bus Accident?
California does not require every injured person to hire an attorney. However, bus accidents can become more complicated than ordinary motor vehicle claims because they may involve public entities, common-carrier standards, commercial insurance policies, multiple defendants, or evidence controlled by the transportation provider. With that in mind, an attorney can provide legal support and investigate issues such as:
Who owned and operated the bus
Whether the operator qualifies as a common carrier
Whether a government claim must be filed
Whether onboard video exists
Whether driver negligence contributed to the accident
Whether maintenance problems were involved
Whether another motorist caused or contributed to the collision
Whether multiple parties share liability
What insurance policies may apply
What damages can be documented
Frank Penney Injury Lawyers are Here to Help
A bus accident is not only a traumatic experience that can change a person’s life, but it is also a legal nightmare for those who are unfamiliar with the legal process. If you were injured while riding a bus or were struck by a bus in Stockton, a local bus accident lawyer can review the circumstances surrounding the incident, identify potentially responsible parties, and explain the deadlines that may apply to your claim.
At Frank Penney Injury Lawyers, our firm has a proven track record of fighting for people’s rights and holding negligent parties accountable for their actions. As a result of our firm’s dedication and commitment, we have recovered over $1 billion in financial compensation for our clients. By hiring our firm for your claim, you can rest easy knowing your case is in the right hands.
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.