Oxnard Bus Accident Attorney
Representing Injured Victims of Ventura County
Public transportation plays an important role in the lives of many Californians. Busses allow individuals to go about their daily business without the hassle or expense of owning, operating and maintaining a car. They also provide important opportunities for disabled members of the community to get around. Along with these benefits, busses pose some very significant risks to the health and safety of their riders, pedestrians and the vehicles they share the road with. At The Schurmer Firm we regularly represent individuals throughout Ventura & Oxnard who have been injured in accidents involving buses and want you to know that we are here to help.
Types of Bus Accidents
- The phrase “bus accident” is used to refer to any accident involving a bus that results in physical injuries. As a result, the following types of collisions can be considered bus accidents:
- A pedestrian hit by a bus
- An private automobile hit by a bus
- A bus passenger that is injured in an accident caused by the bus driver or the negligence of another driver
Simply put, if you have been injured in a collision involving a bus, you may be entitled to compensation and should consult with an experienced, talented personal injury attorney as soon as possible because there are a number of issues that must be addressed before you will be able to resolve your case.
The first step in resolving your case is determining legal responsibility for the accident. Doing so will allow the claim to be submitted and ultimately litigated against the correct party.
If you were a passenger in a bus or automobile and the accident was caused by a private citizen, your claim will be submitted to and handled by their insurance. Working with an attorney in these situations is extremely important as these accidents often cause injuries to multiple innocent parties and may require pro-rata settlements with the liability carrier if there is not enough insurance to go around. You may also have to submit a claim to your own auto insurance under your UM/UIM coverage.
However, if you were a pedestrian stuck by a bus, a driver or passenger in a vehicle struck by a bus or a passenger in a bus who was injured as a result of the driver’s negligence or a defect in the bus, you will want to determine whether the bus was a common carrier or private carrier.
Public transportation providers are typically referred to as “Common Carriers.” Common Carriers are generally defined as railroads, airlines, or businesses that offer public transportation, customarily transporting property and individuals from one location to another and offering services for the hire to the general population. Simply put, busses that are owned and operated by the city, county or state are common carriers.
California Civil Code Section 2100 states:
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.
While the language of the code section is a little complicated, it simply means that bus owners and operators must do everything in their power to provide safe rides to their customers. Because safely transporting members of the public is so important, the Civil Code also lays out a number of other rules to protect the public
- the bus must be safe and fit for its purpose,
- overcrowding or overloading is strictly prohibited, and
- the operator of the bus must drive at a reasonable rate of speed with no unreasonable delays or deviations from the normal route.
As a result of these laws, an important distinction must be made between common carriers (publicly owned busses) and private carriers (privately owned busses). Common carriers owe a heightened duty of care to their passengers and pursuing a claim against them may be more advantageous than a claim against a private carrier.
- Private carriers are private busses that are owned and operated by a business. They may provide transportation services in a variety of settings including:
- shuttles to and from airport parking lots,
- transportation across the U.S. and Mexico border, or
- wine tasting tours
These companies operate their services for profit and are subject to commercial insurance regulations. If you are injured in an accident involving a private carrier you will most likely submit your claim to a commercial liability insurance company.
Regardless of who is responsible for the accident, injured individuals are entitled to receive compensation for their medical expenses, property damage (if appropriate), lost wages and pain and suffering. Working with one of the experienced Oxnard & Ventura bus accident attorneys at The Schurmer Firm you can be sure that you will receive the compensation you are entitled to.
Please give us a call today to discuss your bus accident case, we are here to help!
Our firm's personal promise and commitment to you is to make sure that we care about you as a person. Every client who has been injured deserves the proper representation and our goal at The Schurmer Firm is to ensure that they get that.
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Decades of ExperienceMillions of Dollars Recovered
$3 Million Car Accident
A wrongful death settlement for the young daughter of a woman who was tragically killed as a result of a motor vehicle accident.
$3 Million Wrongful Death
Settlement for the wife and children of a man who died when the defendant ran a red light and struck the driver’s side door.
$1 Million Verdict
A man who was killed when struck by a train at an unmarked railroad crossing.
$850,000 $850,000 Settlement
Settlement for the wrongful death of a 14-year-old girl who died when she was stuck after an electric gate automatically closed wedging her between the gate and the pillar of the gate.
$725,000 Flash Fire that Eruption
Settlement against a homeowner and plumbing contractor when a father was killed due to a flash fire that erupted from the defendant’s gas water heater.