Filing a San Bernardino OmniTrans Bus Accident Lawsuit

Bus accidents can be incredibly difficult to navigate, and often involve multiple parties like private citizens, public transportation entities, and private companies.

If you were hurt in a bus accident in San Bernardino, whether you were a passenger on the bus, a pedestrian, or the driver of another vehicle, you might be able to file a lawsuit. A bus accident lawsuit may be pursued if negligence contributed to the accident, such as the bus driver speeding, driving under the influence, or ignoring traffic signals. Potential defendants in the lawsuit could include the bus driver, their employer, the bus manufacturer, or the maintenance provider.

If the bus company is owned by the city, state, or another government entity, you generally have only six months from the date of the accident to file a personal injury claim. Waiting too long could mean losing your right to seek compensation for your injuries.

Contacting a local bus accident lawyer as soon as possible after an accident increases your chances of receiving full compensation for your injuries.

What is the California Common Carrier Law?

California has strict rules about the responsibility of companies that transport people, whether public or private. These companies are often called “common carriers” and are held to a higher standard of care than regular businesses.

California Civil Code § 2100 is the California common carrier law. The law says that a carrier of persons for reward must use utmost care and diligence for safe carriage. They must provide everything necessary for safe carriage and exercise reasonable skill.

In addition, California Civil Code § 2102 prohibits a common carrier from overcrowding or overloading their vehicle.

Courts look at three main things to decide if a company is a “common carrier:”

• Fixed Location: Does the company have a regular place of business specifically for transporting passengers or goods?

• Public Advertising: Does the company promote its transportation services to the public?

• Standard Pricing: Does the company charge set fees for its services?

If the answer to these questions is “yes,” the company is likely considered a common carrier and must meet higher safety and liability standards.

By these criteria, OmniTrans is a common carrier. But that’s just one of the parties you can bring a lawsuit against, others include, other drivers, commercial trucks, rideshare vehicles, and generally anyone else whose negligence may have caused the accident.

Bus Accident Lawsuits Involve Multiple Parties and Multiple Layers of Liability

Unlike typical car accidents, bus accident cases are rarely straightforward, multiple parties could share responsibility, each with varying levels of liability. Identifying these parties is essential for a successful bus accident lawsuit.

Here are some potential entities you might be able to sue when you’re injured in an OmniTrans bus accident:

• The Bus Driver: Driver negligence is a leading cause of bus accidents. This could involve:

  • Distracted Driving: Texting, talking on the phone, or adjusting the radio

  • Driving Under the Influence: Alcohol, drugs, or even prescription medication can impair judgment and reaction time.

  • Fatigue: Long hours on the road without adequate rest can be just as dangerous as driving under the influence.

  • Aggressive Driving: Speeding, tailgating, and unsafe lane changes often lead to disastrous outcomes.

• The Bus Company: Holding the bus company accountable is often a primary focus in bus accident cases. This could involve proving:

  • Negligent Hiring Practices: Did the company fail to conduct adequate background checks or provide proper training to the driver?

  • Inadequate Bus Maintenance: Were mechanical issues like faulty brakes, worn tires, or malfunctioning lights a contributing factor in the accident?

  • Pressure to Meet Schedules: Did unrealistic schedules force the driver to prioritize speed over safety? Is driver fatigue due to overreaching company mandates on drive time?

• Government Entities: If the accident involved a public bus operated by OmniTrans or another government agency, proving liability becomes more complex. Suing a government entity often involves navigating specific regulations and shorter statutes of limitations.

• Bus & Parts Manufacturers: In some cases, defective bus parts, such as malfunctioning brakes or flawed design elements, can contribute to an accident.

• Other Drivers: While less common, other drivers on the road might share some responsibility for the bus accident.

When a bus accident occurs, whether it harms a passenger, a pedestrian, or someone in another vehicle, the lawsuit often names multiple parties as responsible. This is because several different groups – including OmniTrans – or individuals could share the blame.

OmniTrans No-Fault Claims Department: What You Need to Know

If you’re injured in an accident involving an OmniTrans bus, you’ll likely interact with their no-fault claims department. California is an “at-fault” state, meaning the at-fault driver’s insurance typically covers damages. This is because the state follows an “at-fault” or “tort” system.

The driver responsible for causing an accident must cover the costs for any injuries or property damage that result from it. However, dealing with OmniTrans no-fault claims department comes with its own set of challenges.

When dealing with a claim against OmniTrans, or any other entity, it’s important to remember that the opposing party’s primary goal is to minimize their financial liability. They do not want to pay you, and they are not on your side.

This often results in them offering a settlement that may not fully cover your losses.

The burden of proof lies on you, meaning you’ll need strong evidence to show that the OmniTrans bus driver was at fault and to demonstrate the extent of your injuries. Essential pieces of evidence include a detailed police accident report, your medical records—covering evaluations, treatment plans, and bills—witness statements to support your version of the incident, and photographic or video evidence of the accident scene, vehicle damage, and any visible injuries.

Remember, their primary goal is to minimize their financial responsibility, even if it means offering you a lowball settlement that doesn’t cover your actual losses.

You’ll need compelling evidence to prove the OmniTrans bus driver was at fault or systemic negligence was present, and the extent of your injuries.

What Causes Most San Bernardino, CA OmniTrans Bus Accidents?

Bus accidents, like those involving OmniTrans buses, are dynamic events with multiple contributing factors. While we rely on public transit buses for safe transportation, accidents can happen due to numerous issues, from driver error to vehicle malfunction.

According to our expert team of San Bernardino bus accident lawyers, these are three of the most common causes of OmniTrans bus accidents:

• Driver Negligence: This can range from distractions like cell phone use to dangerous driving behaviors like speeding. Driving under the influence of alcohol or drugs also falls under this category.

• Vehicle Issues: Problems with the bus itself, such as faulty brakes, worn tires, or malfunctioning safety equipment, can lead to accidents. Poor maintenance practices can worsen these issues.

• External Factors: Road construction, hazardous weather, and poor road conditions can all create dangerous situations for buses and other vehicles.

If you, your child, or someone you love were injured in an OmniTrans bus accident in San Bernardino Valley, we encourage you to talk to a legal professional to get some advice. Our experienced accident attorneys can answer all of your questions, and help you determine if you have a viable case.

Don’t Let the Legal System Overwhelm You: Consult a San Bernardino Bus Accident Lawyer Near You

Dealing with the aftermath of a bus accident is stressful enough without the added burden of dealing with insurance adjusters and complex legal procedures. That’s where the Gold Firm comes in.

Our dedicated team will:

• Thoroughly Investigate Your Case: We’ll gather all necessary evidence, including police reports, witness statements, and expert opinions, to build a strong case on your behalf.

• Accurately Determine Liability: We’ll identify all liable parties and hold them accountable for their negligence.

• Negotiate with Insurance Companies: We’ll handle all communication with insurance companies, fighting aggressively to secure a fair settlement that covers your medical bills, lost wages, pain and suffering, and other damages.

• Represent You in Court: If a fair settlement cannot be reached, we’re prepared to take your case to court and fight tirelessly for the justice you deserve.

Contact Gold Firm today for a free consultation. We’ll evaluate your case, answer your questions, and provide the compassionate, dedicated legal representation you need during this challenging time.

Book a 100% free consultation now – Contact us online or call us at (909) 308-1118.

With our No Fee Guarantee, you don’t have to worry about paying upfront costs, retainers, or hourly fees. You’ll only pay us if we win your case!

Our team of skilled injury attorneys is ready to stand by your side and fight for your rights.