Archive for the ‘Bus Accident Attorney’ Category
Thursday, June 3rd, 2010
If you have been in a collision with a bus, whether it be a mass transit vehicle like a city bus, or a private touring or long distance transportation bus, you be be wondering if there is anything that you can do to collect damages from the injuries that you sustained or the repairs that had to be done to your vehicle. Getting into a collision with a bus can be extremely serious as a bus is many times larger than a car and can result in serious injuries or death. You may be trying to collect from the bus company themselves or the insurance that covered it.
First, before we get into the specifics of a bus accident lawyer for a collision with a bus while in your car, let’s discuss passenger that were riding on a bus. There have been several cases, and a couple fairly recent where a bus was found to have faulty equipment and wrecked, killing and injuring passengers. If this is the case with you, you may have cause to file against the bus manufacturer, if it can be proven that it was a faulty component that should not have failed. If it was a faulty part and it was something that does wear out, you could have a case against the bus company itself.
If you are involved in a collision with a bus, you will be very lucky to come out unscathed. However, if you do suffer from serious injury or if someone you loved was killed in the collision you do have recourse. It is the responsibility of the bus company to make sure that their buses are perfect maintained and that they will not break down at the wrong time and cause a collision. They have a responsibility to their drivers and the passengers who put their trust in the company. If a bus company did not maintain their buses properly, you may have a case against them.
How much a case is worth depends upon many factors. One of those factors is how badly injured you are. However, as a general rule, bus crash cases will be more serious than car accident cases and the buses will usually carry better insurance, or be more fully covered. Therefore, you may be able collect more from a bus injury than from a regular car accident. Also, factors such as how much you are suffering, how much proof you have that the party you are suing was negligent and how many witnesses you have and how reliable they are may all be looked at.
While getting into a bus accident can be devastating, there is something that can be done to get your life back. You may be entitled to compensation from the bus company or the insurance company that covers the buses, and a bus accident attorney can help you to build a case and successfully prove that you deserve compensation. Attorney Emery Ledger has been practicing California personal liability law for more than ten years and Ledger & Associates can you help to fill out a bus accident claim as well as successfully recover damages from a bus accident.
Tags: bus accident attorney, bus accident lawyer, bus collision attorney, bus collision lawyer, bus overturning lawyer
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Friday, March 12th, 2010
Last week, 46 year old William Detore was killed when his bicycle became entangled beneath a Regional Transit bus in Sacramento, California. Detore was on his bicycle just before 2:00 p.m. last Saturday heading south when the Regional Transit bus collided with him as it approached traveling westbound on L Street. Last month, in Los Angeles, a Metropolitan Transit Authority (MTA) bus collided with a convertible sending three people to the hospital – including a baby. The impact was so strong that the convertible was pushed into a stoplight post. Officials are still investigating each of these accidents to determine exactly what caused them, but one thing is clear – accidents involving city or regional buses happen more often than most of us think. The injuries that are sustained as a result are also frequently serious or fatal. Who is responsible for injuries sustained in an accident with a city bus? What can the victims, or the families of the victims, do when they have been involved in one of these bus accidents?
Bus accidents, like all vehicle accidents, are governed by the laws of negligence. Negligence is basically a legal word meaning “fault”. The four basic elements of negligence are: Duty of care; breach of duty; causation; and damages. All four elements must be proved to prevail in a negligence claim, says California bus accident attorney Emery Ledger of Ledger & Associates. When the driver that was responsible for your accident happens to be driving a city bus, then he may not be the only person – or entity- that was negligent. In states such as California, a system known as comparative negligence is used. What this means is that more than one person – or entity – can share the blame for your accident. If, for instance, the bus that was involved in the collision had faulty brakes, then the bus company – in this case the city – may have been negligent. Another example may be if the city did not complete the proper background investigation on the driver or the driver was under the influence and the city had not administered a recent drug test.
These are just examples of possible ways that the city may be held liable along with the individual driver. Every accident scenario is different and the best way to determine who was responsible for any injuries that you have sustained as the result of a bus accident is to contact an experienced California bus accident attorney. Another thing that you want to keep in mind if you have been the victim of a city bus accident is that unlike other accident claims which usually have a two year statute of limitations, claims against municipalities must be filed within 180 days of the accident. This makes consulting with an experienced California bus accident attorney even more important. If you have been injured then you deserve to be compensated and it would be a shame to lose that right because you missed the deadline to notify the city of your claim.
If you would like an experienced California bus accident attorney to evaluate your case, feel free to contact the law offices of Emery Ledger at Ledger & Associates. He can be reached online at www.ledgerlaw.com or at 1-800-300-0001.
Tags: accident, accident attorney, accident claims, accidents, amp, attorney, brakes, bus, bus accident, bus accident attorney, bus accidents, california bus accident attorney, causation, city bus, claim, comparative negligence, damages, duty of care, elements of negligence, emery, fault, four elements, juries, killed, law, Ledger, Negligence, negligence claim, statute of limitations, transit bus, vehicle, vehicle accident, vehicle accidents
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Thursday, March 11th, 2010
Tragic struck last week near Phoenix, Arizona when a charter bus lost control and slammed into an F-150 killing six and injuring sixteen other passengers. Authorities say that the crash occurred around 5:30 a.m. just south of Phoenix on Interstate 10 as the bus was heading to Los Angeles on its way back from Zacatecas, Mexico. The bus was heading west in the right-hand lane when the driver apparently lost control for an as yet unknown reason. He then rear-ended the F-150, veered left into the center median, shot back to the right across the westbound lanes and eventually ended up on the right hand shoulder where is rolled down an embankment causing a number of riders to be ejected from the bus. Including the driver and co-driver, there were a total of twenty-two people on the bus at the time of the accident. Reports say that at least six of the passengers on the bus were California residents.
What makes this accident even more tragic is that it appears as though the bus had been operating illegally for some time. Terre Santa, Inc., the California based company that owns the bus, has acknowledged that they were operating without the proper federal authorization required to operate a charter bus, much less to transport passengers across the U.S.-Mexican border. Among the violations that have been uncovered so far are: defective brakes on more than 20% of the vehicle; no seven day driver’s log for the driver or the co-driver; and the driver himself could not speak or read English. Records indicate that in April of 2009, Tierra Santa, Inc. applied for official authorization from the federal government, but when they were asked for additional documentation failed to provide the requested documents. There application was then denied, however they continued to operate their charter service. The company’s owner, Cayetano Martinez, has reportedly been shut down by federal authorities in the past, but somehow managed to re-open his charter business under a new name.
For the victims and the families of the fatally wounded, there appear to be more questions than answers. How could this company continue to operate, much less across international borders, without having the proper authorization? Who is responsible for compensating the victims in this accident? The investigation into exactly what caused the accident is still ongoing, so it is impossible to determine what the actual cause of the accident was at this time. It is clear, however, that the driver of the bus as well as the company, Tierra Santa, Inc., will likely share the liability for the deaths and injuries. The driver himself may have been negligent, but it appears as though the company was also negligent. A company can be held responsible for negligent acts of its employees under a number of circumstances, according to California bus accident attorney Emery Ledger of Ledger & Associates. For instance, if the bus was not serviced properly, then that may constitute negligence on the part of the company. If the driver was not properly trained, screened or monitored, than that may be considered negligence on the part of the company. The laws of negligence are complicated, but they do allow a victim or a victim’s family to recover from an employer for the negligent acts of its employees under certain circumstances.
If you have been involved in a bus accident, consult with an experienced California bus accident attorney to find out whether you are entitled to compensation for the injuries you have suffered. If you would like an evaluation of your case, contact California bus accident attorney Emery Ledger of Ledger & Associates online at www.ledgerlaw.com or at 1-800-300-0001
Tags: bus, bus accident, bus accident attorney, california residents, cat, charter business, compensation, crash, deaths, emery, juries, law, Ledger, liability, Negligence
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Sunday, February 7th, 2010
With the advent of cellular phones came yet another cause of traffic accidents. Twenty years ago in the United States a cellular phone was considered a luxury item reserved for the upper classes or those professionals that truly needed one. Times have certainly changed! Now, over 80% of the population in the United States owns a cell phone. Most of us feel lost if we realize we forgot to grab our cell phone when we left the house. Additionally, most of us are now accustomed to using our cell phones at all times and in all places – including inside the car while driving. While talking on the phone while driving creates a greater risk of having an accident, texting while driving sends that chance skyrocketing.
The statistics for accidents involving texting drivers are staggering. While you may think that the driving while texting problem is reserved for teenage drivers – it’s not. One-fifth of adult drivers in the United States admit to sending text messages while driving. That figure may be higher as many people do not want to admit that they engage in obvious risky behavior. So how risky is texting while driving? Studies show that people that are texting while driving are 23% more likely to be in an accident. To put that in perspective, texting while driving is six times more likely to result in an accident than driving while intoxicated. The reason why texting is so incredibly dangerous is the time that it takes your eyes off the road. One study showed that texting while driving increases the time your eyes are not on the road by 400%! Think of that statistics this way – for every 6 seconds of drive time, a driver sending or receiving a text message spends 4.6 of those seconds with their eyes off the road. This makes texting the most distracting of all cell phone related tasks.
As of February, 2010, nineteen states, the District of Columbia and Guam have banned text messaging for all drivers. Nine other states ban text messaging for novice drivers. The State of California is one of the states that have banned not just text messaging, but hand held devices entirely. Despite this ban, accidents continue to happen as the result of driver’s texting while driving. If you absolutely must communicate with someone while you are driving, use a hands-free device to do it. While texting is a wonderful, easy way to communicate, save it for when you are not supposed to be watching the road! If you have been the victim of an accident involving cellular phone use, then you may be entitled to recover compensation for your injuries. Only an experienced California accident attorney can evaluate your particular case and advise you as to what options you may have to recover for the damages you have suffered.
If you have been the victim of a car accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.
Tags: advent, cellular phone, cellular phones, sending text messages, teenage drivers, text messaging, texting, traffic accidents
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Sunday, February 7th, 2010
In 2005, there were over 800,000 commercial buses registered in the United States. As we are encouraged to save gas, protect the environment and utilize mass transportation whenever possible, the number of commercial buses operating in the United States continues to rise. Due to the increasing popularity and necessity of commuter buses as a main source of transportation, it’s no surprise that the number of bus-related injuries and deaths are also rising at an alarming rate. According to the Center for National Truck and Bus Safety Statistics, the most common fatal bus related accidents are car-bus collisions followed closely by pedestrian accidents. More than 60% of bus accident fatalities involve another vehicle and 25% involve a pedestrian. The Federal government defines a bus as a passenger-carrying vehicle designed to seat at least 16 including the driver. The Federal Department of Transportation’s Motor Carrier Safety Administration develops, administers and polices rules and regulations to ensure safety of bus passengers. Among the regulations promulgated by the Motor Carrier Safety Administration are the hours a bus driver must log before carrying passengers, bus safety features and preventive maintenance of the buses. These rules are in addition to the requirement that the driver of a bus must obtain a special type of driver’s license. Despite these national standards, state governments are involved in establishing their own common carrier regulation, meaning that bus accident litigation can vary widely from state to state.
In California alone, there were 1,260 buses involved in fatal and non-fatal crashes in 2008. Of those 1,260 crashes, 31 involved a fatality and another 735 involved injuries. In total, 39 people were killed and another 1,395 people suffered injuries as a result of bus crashes in the State of California in just one year. Bus accidents can be caused by numerous contributing factors including driver negligence, dangerous roadways, bad weather conditions, inadequate security, defective products and improper maintenance. Regardless of the reason for the accident, a bus accident can be very costly and traumatic. When we board a commercial carrier of any kind, we are trusting them with our lives – literally. We make the assumption that the driver has had the training necessary to deliver us safely to out destination. We also count on the company to do regular system checks and maintenance to ensure that the bus is in compliance with the law and that it will operate without causing an accident. When the worst happens, and we are injured in an accident, we feel betrayed. You don’t have to go through this alone though. Feelings of anger, betrayal and depression are normal after a traumatic accident. While no one can erase the memory of an accident, an experience California bus accident attorney can help you to receive the compensation you deserve for the injuries you have suffered.
If you have been injured as the result of a bus accident and would like an experienced attorney to evaluate your case, contact the law offices of Ledger & Associates at 1-800-300-0001 or visit us at www.ledgerlaw.com.
Tags: bus accident, bus accidents, bus crashes, bus passengers, bus safety, fatal crashes, fatality, motor carrier safety, motor carrier safety administration, pedestrian accidents, preventive maintenance, safety features, safety statistics
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Thursday, January 28th, 2010
Automobile Black Box Recorders:
Many people are injured annually by large commercial trucks who are involved in accidents with cars. Often, it is difficult to determine who is at fault after one of these accidents. Most trucks today are equipped with a “black box” called an Electronic Control Module or ECM. These are data storage devices that are used to capture the on board data from the truck while the operator is driving the rig. The ECM can record operational data over a certain amount of time. Usually, they record the driver’s operations over a month’s time frame. After an accident with a truck, it is possible to consult the ECM to find out the data regarding events that were recorded up to the minutes before the accident.
The ECM is able to tell the truck driver’s average speeds, as well as what the highest speeds recorded were measured at (as maintained by the driver) during the time that the device is recording the truck driver. For example, if the truck driver usually speeds on certain sections of the route, this will be recorded in the ECM. Also, the ECM records the total amount of time driven, the time spent driving over 65 miles per hour, the truck wheels revolutions per minute (RPMs), if the driver was wearing a seat belt, how long the truck idled and if the truck was in a collision that made the airbags deploy.
These ECM records and measures information which is able to help the authorities to determine fault, in the event of the truck driver becoming involved in an accident with a car. In that case, the truck driver will be asked for a statement of what happened. The police or other authorities will make an investigation and then a determination regarding the fault for the loss. The ECM will be instrumental in determining whether the driver tried to avoid the accident, was the cause of the accident, or was not involved in the accident, once the information is available on review.
For example, if the driver made several hard braking stops with the hydraulic brakes to avoid an accident, that information may be included in the records of the ECM. If the driver was driving and had been drowsy and the speed was irregular, that might also be recorded on the ECM. If the truck driver has had an accident in which the airbags deployed, and the driver was able to take the truck in to get the airbags reinstalled, this information would also be recorded on the ECM. Finally, if the driver is in the habit of not wearing a seatbelt, or drives over the safe total time limits the ECM will record this. If the driver is driving more than should be driven before taking a rest, this could be a significant factor in the truck driver being over tired, and susceptible to having an accident. Even though the truck is equipped with an ECM, it is still important for the driver to keep copious records and logs of the time driven and other information.
If you have been involved in an accident with a large commercial truck, give the law offices of Ledger & Associates a call at 1-800-300-0001 or email us at our website www.ledgerlaw.com. We are available to speak to you about your claim.
Tags: accident, accidents, after an accident, at fault, auto black box, automobile black box, automobile data recorder, black box, bus accident black box, car black box, claim, fault, train accident black box, who is at fault
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Saturday, January 23rd, 2010
A bus accident that happened in Williams, California in October of 2008 illustrates what you can expect when you are a victim of a bus accident. In that crash, eight people were killed and 35 were wounded. The owner of the company was among the dead and the driver was wounded. The incident took place north of Sacramento. The bus was going to a casino and suddenly flipped over and rolled into a ditch of a two-lane highway.
The bus driver was sent to the hospital and was subsequently booked on suspicion of driving under the influence of alcohol. The California Highway Patrol reported that his commercial driver’s license was valid, but he lacked the necessary certification to drive the chartered bus. He also had a marked history having been previously arrested for speeding and other traffic infractions. Previously, he had lost his license for a period of two years.
When he recovered in the hospital, do you think he consulted an attorney? And what about the 35 other wounded individuals in the accident? And, what of the medical bills? Finally, what legal recourse do the families of the 35 wounded people have?
Federal and State Law does not require victims to retain an attorney. However, dealing with an accident claim like the one in Williams, California demands a very experienced person with legal acumen if it is to be done the right way. Attorneys know how to analyze the legal implications of liability and understand the ins and outs of insurance policies. They know how to settle a claim and acquire compensation from such a terrible accident. This is where personal injury attorneys like Ledger and Associates come in. We specialize exclusively in personal injury cases and compensate victims who unfortunately are involved in accidents. We handle bus accidents, train accidents, motorcycle accidents, car accidents and truck accidents. We offer free consultations.
Most bus accident cases have a statute of limitation of two years. That signifies that you can press charges against the other party for up to two years after the incident occurred. An attorney like Ledger and Associates are aware of the exceptions to this rule, so do not let that deter you from pursuing your case.
Our initial consultations at Ledger and Associates are generally free of charge. You do not pay us until we successfully win your case, and the amount of compensation is established during your first meeting with us. We put everything in writing in a retainer agreement.
A common question is who pays your medical bills from the accident when you have no insurance? The alleged negligent operator in this instance will never pay your medical bills up front. The company will wait for the case to be settled—otherwise they are admitting guilt. Often, if you do not have medical insurance, your car insurance policy covers some of your medical expenses without ascertaining guilt. Several policies contain a medical rider of $5,000. Here, your policy will remit the amount notwithstanding of whose fault the accident was. When you do not have this rider, you must seek assistance from the local hospital until you can file a suit against the driver or firm.
Sometimes, firms try to demonstrate they have no valid insurance so that victims not attempt to sue them. Hire a research attorney to establish the assets of a company or a driver to decide whether you want to file a claim. Individuals with a lot of assets generally have large vehicular liability policies signifying their insurance is valid, and you could receive a large settlement. Moreover, if the driver is wealthy, you can a file a claim against him personally.
Call us at 1800 300 0001 to determine your options.
Tags: accident, accident lawyer, accidents, assistance, attorney, bus, bus accident, bus accident attorney, car accident, car accidents, car insurance, cat, claim, fault, free consultation, killed, liability, motorcycle accident, motorcycle accidents, Personal Injury, personal injury attorney, personal injury case, personal injury cases, train accident, truck accident, whose fault, wrongful death
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