San Jose Bus Accident Lawyers

What Compensation Can I Receive for a Bus Accident?

If you or someone you know was injured in a bus accident, you may be eligible for financial compensation to help cover losses. The amount and type of compensation depend on factors like medical costs, lost wages, and the severity of your injuries. There are three main types of damages you may be entitled to: economic, non-economic, and in some cases, punitive damages.

Economic Damages

Also known as special damages, these compensate for financial losses such as:

• Medical Expenses:  This includes emergency treatment, hospital stays, surgeries, rehabilitation, medication, and any future medical needs related to your injuries.
• Lost Wages:  If your injuries prevent you from working, you may be compensated for the income you lost during your recovery.
• Loss of Earning Potential:  If your injuries limit your ability to work in the future, you may receive compensation for reduced earning capacity.
• Property Damage:  If personal belongings like your phone, laptop, or other valuables were damaged in the crash, you may be reimbursed for repairs or replacements.
• Wrongful Death Expenses:  If a loved one was fatally injured in a bus accident, surviving family members may receive compensation for funeral costs and the loss of financial support.

Non-Economic Damages

Generally referred to as general damages, these address non-monetary losses, including:

• Pain and Suffering:  This includes physical pain and ongoing discomfort caused by your injuries.
• Loss of Enjoyment of Life:  If your injuries prevent you from engaging in hobbies, exercise, or other activities you once loved, you may be compensated.
• Emotional Distress:  Many accident victims experience anxiety, depression, or post-traumatic stress disorder (PTSD) following a serious crash.
• Loss of Consortium:  If your injuries affect your ability to maintain relationships with your spouse or family, you may be eligible for damages.

Punitive Damages

In cases where extreme negligence or reckless behavior caused the accident, the court may award punitive damages. These are meant to punish the responsible party and prevent similar misconduct in the future.

If you were hurt in a bus accident, reach out to our San Jose bus accident lawyers for a FREE CONSULTATION to discuss your legal options.

Methods for Calculating Non-Economic Damages

Non-economic damages are more challenging to quantify than economic damages. Courts and insurance companies use two common methods:

Per Diem Method

A daily value is assigned to your pain and suffering, then multiplied by the number of days you experience the pain. For example, if a court assigns $200 per day and your pain lasts 200 days, the total would be $40,000.

Multiplier Method

This method multiplies your total economic damages by a factor, usually between 1.5 and 5, depending on the severity of your injuries. For example, if your medical bills and lost wages total $100,000 and a multiplier of 3 is used, your non-economic damages would be $300,000.

Each case is different, and working with an experienced lawyer ensures that your damages are accurately assessed.

Seek Legal Help From Thompson Law for Your Bus Crash Injury Claim

If you or a loved one was injured in a bus accident in San Jose, you don’t have to face this alone. Our experienced San Jose bus accident lawyers are here to help.

• Free Case Review:  We do not charge any fees to discuss your case.
• No Fees Unless We Win:  You pay nothing upfront and only pay if we secure compensation for you.
• Experienced Legal Representation:  Our attorneys will handle the paperwork, gather evidence, and negotiate with insurance companies while you focus on recovery.

Call us today for a FREE CASE ASSESSMENT and let us fight for the justice and compensation you deserve.

Why Choose Thompson Law?

As one of the best personal injury law firms in the area, Thompson Law has a team of experienced and dedicated personal injury attorneys who are ready to fight for your legal rights.

At Thompson Law, we understand the emotional distress that comes with serious injuries, and we are committed to providing you with the best legal representation possible. Our trial lawyers are not afraid to take your case to court if necessary and have successfully secured billions of dollars in compensatory and punitive damages for our clients.

We have extensive experience working with insurance companies, large corporations, and medical professionals, and we know how to get you the results you deserve. We operate on a contingency fee basis, meaning you will not have to pay anything until we win your case.

Don’t let a personal injury case ruin your life. Contact Thompson Law‘s San Jose bus accident lawyers today and schedule a FREE CONSULTATION to discuss your legal options. Our team of dedicated injury attorneys will provide you with the legal advice and representation you need to get the compensation you deserve.

How to Determine the Value of a Bus Accident Claim

Calculating a bus accident in San Jose claim’s value involves multiple factors, including:

• Severity of Injuries:  More serious injuries result in higher medical costs and a greater impact on your life, increasing your potential compensation.
• Earning Capacity:  If you cannot return to work or must take a lower-paying job, your claim may include these losses.
• Pain and Suffering:  Courts and insurers consider how your injuries have affected your quality of life.
• Fault:  Under San Jose’s comparative negligence laws, if you are partially at fault, your compensation may be reduced.

An experienced bus accident lawyer from Thompson Law can help assess the value of your claim and fight for fair compensation.

How the Bus Owner or Type Affects Your Claim Value in San Jose

The type of bus involved in your accident in San Jose can impact your claim’s complexity and the compensation you may receive.

City-Owned Buses

Public buses in San Jose, such as those operated by the Santa Clara Valley Transportation Authority (VTA), follow specific legal procedures under the California Tort Claims Act. This means:

• You must file a claim within six months of the accident.
• Compensation may be limited based on government liability caps.

Due to these strict deadlines, legal assistance is crucial when filing a claim against a government agency.

School Buses

If the accident involved a school bus, liability depends on whether the bus was operated by a public school district, a private school, or a third-party contractor. Public school districts follow similar rules to city buses, while private companies follow different insurance and liability regulations.

Commercial Buses

Buses operated by Greyhound, Megabus, or charter bus companies are considered commercial vehicles and must carry high insurance coverage. Claims involving these companies may result in higher payouts, but proving negligence is essential to securing compensation.

Regardless of the type of bus involved, our San Jose bus accident lawyers can help you determine liability and fight for your compensation through a FREE CONSULTATION.

How Long Do I Have to Make a Bus Accident Injury Claim?

If you were injured in a bus accident in San Jose, you have a two-year deadline from the date of the accident to file a personal injury claim.

However, if the bus was owned by the VTA or another government entity, you only have six months to file a claim. Missing these deadlines could mean losing your right to compensation.

If your accident happened outside of San Jose, the deadline depends on that state’s laws. Because different jurisdictions have different rules, it’s essential to act quickly. Contact a lawyer as soon as possible to protect your rights.

Bus Accident Statistics

Being aware of how often bus accidents occur can help highlight the risks involved. While buses are generally considered safe, accidents still happen, leading to injuries and fatalities.

General Bus Accident Data

In 2022, there were approximately 15,033 bus crashes across the country. Nearly half of these accidents resulted in injuries, while 1.5% were fatal. Among the 248 fatalities, most victims were pedestrians or occupants of other vehicles, with only 16% being bus passengers.

San Jose, as a busy city with an extensive public transportation system, has its share of bus accidents. California ranked among the states with the highest number of bus crashes in 2022, recording 857 accidents, 417 injury-related incidents, and 15 fatalities.

School Bus Accidents

School buses are considered one of the safest ways for children to travel, but accidents still occur. In 2022, school bus-related accidents led to 104 fatalities nationwide. The majority of victims in these crashes were people in other vehicles (71%), followed by pedestrians (16%). Only 5% of fatalities involved school bus passengers.

Injury and Fatality Trends

• Many deadly bus accidents take place on major roads rather than highways.
• Intersections are high-risk areas, with 23% of fatal school bus accidents occurring at intersections between 2012 and 2021.
• Pedestrians and cyclists are vulnerable near bus stops and school zones, making safety measures crucial in these areas.

Safety Initiatives

San Jose and the state of California have been working on making bus travel safer through investing in bus safety measures. Improvements like seat belts on school buses, better road infrastructure, and stricter safety regulations help reduce accidents and save lives.

If you or a loved one has been affected by a bus accident in San Jose, speaking with an experienced bus accident lawyer in Thompson Law can help you understand your options and rights.

Common Causes of Bus Accidents in San Jose

Bus accidents in San Jose often happen due to negligence, which means someone failed to act responsibly, leading to harm. To prove negligence in a legal case, four things must be shown:

• Duty of Care:  The bus driver, bus company, or another party had a legal responsibility to ensure safety.
• Breach of Duty:  This responsibility was not met, such as by distracted driving or poor vehicle maintenance.
• Causation:  The breach directly caused the accident.
• Damages:  The accident led to injuries or other losses.

Determining negligence needs a thorough investigation and strong evidence like police reports, eyewitness statements, maintenance records, and expert analysis. Our experienced San Jose bus accident lawyers can help you along this process, making sure every facet of your case is addressed.

Bus Driver Negligence

• Running red lights or ignoring traffic signals
• Texting or using a phone while driving
• Driving under the influence of alcohol or drugs
• Speeding or reckless driving

Bus Company Negligence

• Failing to maintain buses properly
• Hiring unqualified or inexperienced drivers
• Not providing proper training to drivers
• Overloading the bus beyond its capacity

Manufacturer Defects

• Malfunctioning brakes or steering systems
• Faulty seat belts or airbags
• Poorly maintained tires that can blow out

Weather-Related Negligence

• Driving too fast in heavy rain or fog
• Failing to adjust driving for slippery roads
• Potholes or unclear road signs causing accidents

Road Hazards

• Uneven surfaces or potholes
• Poorly marked construction zones
• Unclear or missing traffic signs
• Obstacles or debris on the road

Negligence by Other Drivers

• Cutting in front of a bus too closely
• Speeding or driving aggressively near buses
• Distracted or impaired driving

Passenger Negligence

• Distracting the driver while running the bus
• Misusing emergency exits without a valid reason
• Not following safety guidelines

If you were injured in a bus accident due to someone else’s negligence, you may be eligible for compensation. Our San Jose bus accident attorneys can EVALUATE YOUR CASE FOR FREE and help you take the next steps.

What to Do After a Bus Accident in San Jose

A bus accident can leave you feeling overwhelmed and unsure of what to do next. Taking the right steps after the crash can protect your health and legal rights. Follow these guidelines compiled by our San Jose bus accident lawyers:

1. Make Sure You’re Safe:  If possible, move to a safe area away from traffic.
2. Call 911:  Report the accident to the police. A police report can be valuable evidence.
3. Get Medical Attention:  Even if you don’t feel hurt, some injuries may not show symptoms right away. Seeing a doctor can help detect hidden injuries.
4. Take Photos and Videos:  Capture the accident scene, vehicle damage, road conditions, and any visible injuries.
5. Gather Witness Information:  If anyone saw the accident, get their contact details. Their statements can support your claim.
6. Keep Records:  Save medical bills, receipts, and any documents related to the accident. These help prove your losses.
7. Speak to a Bus Accident Lawyer:  Contact us so we can help you understand your rights and file a claim for compensation.

Following these steps ensures your safety and sets the foundation for a strong claim if you decide to push through with compensation. Call us today for a FREE CONSULTATION.

FAQs About Bus Accidents in San Jose

What should I do if the bus company denies liability for the accident?

If the bus company refuses to accept fault for the accident, do not give up. This is a common tactic to avoid paying compensation. You should contact an experienced bus accident lawyer as soon as possible. A good San Jose bus accident lawyer can help gather important evidence to prove negligence, including:

• Maintenance Records:  A poorly maintained bus can be dangerous. If the company failed to perform regular inspections or ignored necessary repairs, they could be held responsible.
• Driver History:  If the bus driver has a record of reckless driving, previous accidents, or safety violations, this could strengthen your claim.
• Witness Statements:  Testimonies from other passengers, pedestrians, or nearby drivers can help prove what really happened.
• Surveillance Footage:  Many buses and streets have security cameras that may have captured the accident. This footage can provide clear evidence of who was at fault.

Can I file a claim if I was partially at fault for the bus accident?

Yes. San Jose follows comparative negligence laws, which means you can still receive compensation even if you were partly responsible for the accident. However, your total compensation will be reduced based on your percentage of fault.

For example, if you were awarded $100,000 in damages but were found to be 20% at fault, your compensation would be reduced by 20%, leaving you with $80,000.

What happens if the bus driver was working for a government entity?

If the bus driver was employed by a government entity, like the Santa Clara Valley Transportation Authority (VTA) in San Jose, the legal process is different from a typical accident claim.

Claims against government agencies must follow the California Tort Claims Act, which has stricter deadlines and requirements:

• You must file a claim within six months of the accident. Missing this deadline could mean losing your right to compensation.
• The government may have caps on how much you can recover.
• If the government denies your claim, you may need to file a lawsuit within a specific timeframe.

What if I wasn’t a passenger but was injured by a bus as a pedestrian or cyclist?

Bus accident claims are not just for passengers. If you were a pedestrian or cyclist and were hit by a bus, you have the same right to file a claim for compensation. If a bus driver or the bus company was negligent, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Even if you were partly at fault, you can still pursue a claim under comparative negligence laws.

Can I still file a claim if the bus accident occurred out of state?

Yes, but the legal process will depend on the state where the accident happened. Every state has different statutes of limitations, meaning the deadline to file a claim may be shorter or longer than in San Jose. An experienced bus accident attorney can guide you through the process to make sure you don’t miss any important deadlines.