Scottsdale Bus Accident AttorneyLuis P. Guerra2023-05-29T14:26:08+00:00
Scottsdale Bus Accident Attorney
Bus Accident Lawyer
Public transportation is a necessary and convenient way for many to move about in their daily lives, including to and from work or into town for basic necessities. Busses, in particular, are a popular way to move around a city. However, these large vehicles can cause severe damage or injury when they are involved in an accident. While they may work to clear up traffic or move large amounts of people at once, they are potentially harmful for pedestrians and other vehicles on the road.
If you are injured in an accident in Scottsdale, AZ due to an incident with a public bus, you should work with an attorney who can help fight for your rights and recover damages that you may be entitled to. Working with the team at the law office of Luis P. Guerra, L.L.C. means that you work with knowledge and experience. With our commitment, passion, dedication, and honesty, your case can get the attention that it deserves. When an accident with a bus injures you, our attorneys can fight to reduce the long-term consequences of such incidents.
Should You Hire an Attorney?
An accident with a bus may seem like a situation where the fault is clearly defined, which should lead to a fair settlement with the bus company. Unfortunately, this is not always the case. Accidents with public transportation services, such as buses, will likely need to reach a resolution through a civil claim, which will involve complex legal avenues that need to be carefully navigated. Without legal training, there are many legal issues that could present themselves. From missing deadlines to confusing court filing requirements to overlooking compensation opportunities, attempting to resolve these cases on your own could result in you losing out on valuable opportunities instead of helping you recoup your lost expenses.
However, having an attorney can help ensure that the filing obligations are met accurately and thoroughly. They can work to gather vital evidence to help prove your claim. An experienced attorney can also seek witnesses to the accident as well as industry professionals who can attest to the safety and security regulations that companies need to adhere to when operating buses as public transportation. While saving money may be the goal, hiring an attorney could help you recover more damages that can greatly outweigh the cost of professional and experienced help.
Common Bus Accidents
Scottsdale residents could cross paths with buses in several different ways, often more regularly than they realize. Should an accident occur with one of the buses, whether as a pedestrian, passenger, or occupant of another vehicle, several entities could be held liable for the resulting damages, including:
The driver of the bus
The company that operates the bus
The training organization
Any other identifiable party at fault
It could also be that another vehicle is responsible for an accident that could cause injury to passengers on the bus or to other pedestrians in the area. Those involved in accidents that include a bus could face a long journey of civil litigation while trying to recover the damages they may be owed.
In many bus accidents, there are issues with visibility that cause the collision. Buses have several blind spots because of how large they are compared to the other cars on the road. Additionally, vehicles that are operated by more aggressive drivers may underestimate the maneuverability of these large vehicles and cause an avoidable accident. There are many ways that accidents can occur, including distracted driving, aggressive driving, speeding, or other driver errors. Accidents involving buses could involve passengers on the bus, other vehicles, or pedestrians on the sidewalk.
Fault in Bus Accidents
No matter the cause of the accident, determining fault is a matter of investigation, witness testimony, and information generated in a vehicle’s computer. If the accident is the fault of the bus driver because they were intoxicated, distracted, or aggressive in their driving, the driver could be held liable for the accident due to the choices they made. If, however, the training program that a driver completed failed to provide policies that promote safe operating protocols, then the company could be held liable.
A bus company could further be held liable if they are negligent in their hiring practices, such as hiring someone who isn’t qualified, or if they have failures in their operating procedures that result in a driver who is unfit to perform the duties of their job. Unfortunately, accidents could also occur if there is a failure in a vehicle’s equipment or defects in the road.
If another motorist on the road is at fault for the accident, civil claims could be brought against that at-fault driver. While the driver could face financial penalties for anyone injured in the accident, they could also face criminal charges should it be proven that they were driving under the influence or in the act of committing another crime. They will also face penalties if there are more serious moving violations involved.
The plaintiff in any bus accident case, and their attorney, are responsible for the due diligence of investigating the accident to determine the right course of action. While accidents happen, and they may not be intentional, they do occur, and the underlying causes for them may mean that someone is ultimately responsible for injuries suffered by others. When filing a civil claim for an accident, negligence must be proven. To do this, you must prove that the at-fault party failed to act with reasonable care for others on the road or in the presence of pedestrians. This is true in any accident, but it is particularly so in bus accidents, where there may be multiple parties involved or multiple injuries.
Buses Are Common Carriers
The term common carrier refers to organizations that provide public transportation as a paid service, like buses. Other forms of public transportation that are classified as such include commercial airlines, tour companies, taxi companies, and others like them. Because these services are provided in exchange for money from the public, there is a greater sense of care to which they must adhere. When a person pays for a service such as this, they do so with an assumed expectation of safety and care. Therefore, these businesses must make every possible preventative effort to reasonably keep their customers safe.
This level of care means that it must extend not only to the services they provide but also to their hiring practices and operational business functions. Should there be negligent hiring, improper training, or failures to keep their systems properly maintained, they could be held liable should an accident occur that results in an injury. If, however, the bus accident in question is owned and operated by a public entity, such as a city bus system, then it is eligible for a civil claim against that public entity.
Civil Claims Against Public and Private Entities
The likelihood that a bus accident involves a publicly owned bus is much higher than a privately owned one. This is because many bus accidents that occur involve city transportation services. Civil claims against public entities will be handled differently than those against private ones. Many government entities, both on the federal and state levels, have what is known as sovereign immunity, which serves as a protection against civil claims unless there are a very specific set of circumstances surrounding the accident. This immunity extends to some localized entities as well.
If there is a determination that a civil claim could be filed against a public entity that is not entitled to sovereign immunity, there is a much smaller window of time in which to file the claim compared to a claim against a private party. The statute of limitations against a private party for personal injuries suffered in an accident is two years. However, that time is only 180 days if the claim is filed against a public entity. To further complicate matters, once the claim is filed, it must proceed within one year of the filing. In essence, there is only a year and a half to begin the case against a public entity.
Common Bus Accident Injuries
The injuries suffered in a bus accident can be devastating, particularly when the accident involves a smaller vehicle or a pedestrian. Some of the common types of injuries suffered in bus accidents include:
Spinal Cord Injuries: Whether from whiplash or more serious damage, spinal cord injuries are common in accidents due to the change in force that occurs and how the body reacts. From a mild neck sprain to paralysis, the injuries suffered could last well beyond the initial accident.
Traumatic Brain Injuries: There are two ways a brain injury could occur in an accident. One is caused by an object penetrating the skull and directly injuring the brain. The second is more internalized and could be in the form of a concussion, hemorrhage, hematoma, and more.
Broken Bones: The human body is full of bones, and each is fragile. Bus accidents commonly result in broken bones from either the impact or a different variable. While bones heal, they may require surgeries to reset them properly.
Cuts and/or Lacerations: These are very common in bus accidents because of the resulting broken glass or other shrapnel. Such injuries may also occur if the injured party is thrown to the ground or impacted by a secondary object. These injuries can be significant and risk impacting vital organs.
Internal Injuries: Injuries such as kidney damage, punctured lungs, hemorrhaging, and other significant damage can disguise themselves under the surface. These injuries can be difficult to diagnose and, if left untreated, can lead to further long-term damage.
The first step after any accident should be to receive a full examination by a doctor to determine the extent of any injuries suffered.
Damages and Potential Personal Injury Compensation
Buses are large moving objects that can cause significant damage to personal and public property as well as severe bodily harm, even if the accident occurs at low speeds. The potential long-term impacts of injuries sustained during an accident involving a bus could remain with someone for years or a lifetime. The resulting conditions could require both short- and long-term care. These are not the fault of the individual injured but rather of whomever is deemed responsible for the accident. Because of this, the injured party should not be expected to pay for the care or recovery necessary to maintain a healthy life.
Those injured in an accident involving a bus could be entitled to different types of compensation:
Medical Expenses: Injured parties would be able to file a claim for these expenses, including immediate medical attention from the accident as well as any long-term medical expenses that are required because of ongoing care.
Property Damage: Parties may also be able to receive compensation for any property that was damaged or destroyed because of the accident. This could include both business and personal property.
Lost Wages: Individuals could seek compensation for any lost pay due to their injuries. Missing work to handle medical treatments or, in severe cases, the inability to continue working in the same field because of their injuries could mean a change in income, and the at-fault party could be responsible for paying for that.
Pain and Suffering: A civil claim could enable a plaintiff to seek compensation for any pain and suffering they have endured from the incident.
All these compensation avenues can be explored by the plaintiff’s attorney to determine the right course of action to maximize the potential compensation their client may be entitled to. The decision will ultimately come down to how witness statements align with the evidence collected to strengthen the case. While these investigations are happening, there will be insurance matters to handle, which could present their own challenges. This is an area where a personal injury attorney can help ensure that their client is focused on healing.
Scottsdale Bus Accident Lawyer
If you or someone you love has been involved in an accident involving a bus, you deserve to have an attorney on your side who can help look out for your rights and seek the compensation you may be entitled to. Our personal injury team is ready to fight for you. Our passion for justice starts by understanding the circumstances you face. We know that filing a civil claim can be challenging, but with the right attorney on your side, that process can be a part of the healing process. Our team conducts thorough investigations to ensure that your case receives the attention it deserves. Because we don’t get paid unless you do, we work hard to fight on your behalf. If you’ve been injured in an accident involving a bus in Arizona, contact Luis P. Guerra, L.L.C., today.
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Total rating 5★ Quality of Representation Excellent!!! These attorneys understand all that is required to achieve favorable results. Talking with Mr. Shapiro and Mr. Guerra is easy and comfortable. I highly recommend this law firm.
I was badly injured in an accident at work. I hired a well-known attorney to represent me, but it wasn’t till Luis Guerra and his firm joined my case that things actually began to take off. Luis Guerra took my case personally and fought hard for me like I was family. I truly believe that if it wasn’t for him I would not have received the settlement that I did! He is an aggressive and HONEST attorney who will fight for what is right. His entire firm is filled with love and compassion for the victims. In the unfortunate event that you or a loved one is injured, I would HIGHLY recommend Luis Guerra.
Not only did Mr. Guerra and Mr. Shapiro meet their reputation but by far exceeded my expectations. They are diligent advocates for their clients, professional and extremely responsive to all inquiries. Most importantly, they had the expertise and genuine personal concern for my well-being that inspired confidence and ultimately resulted in an outstanding result. Mr. Guerra and Mr. Shapiro are attorneys that are truly interested in the welfare of their clients. I highly recommend having their team on your side for any case.
by Elizabeth H.
Mr. Luis Guerra is one of the most caring and compassionate people I have ever met. Thank God there are still people like him in the world. He carefully explained the entire process to me so I was aware at all times what was going to happen next.
The quality of representation we received was of the highest anyone could expect. It was a privilege to work with Luis and his staff. I am extremely grateful that I chose you to be our attorney. I am relieved that this matter has been concluded. Thank You for representing us. God Bless You.