This morning a charter bus coming from Monterey Park on its way to Highland overturned on the eastbound 210 freeway in Irwindale, injuring fifty-two passengers. According to KTLA News, the crash happened when the bus driver made an unsafe lane change, clipping the back of a Hyundai Elantra. The bus swerved and overturned near the center divider. The bus was on its way to the San Manuel Indian Bingo and Casino in the Inland Empire at the time of the accident. Six of the fifty-two passengers injured had to be airlifted from the crash site to area hospitals. Several drivers stopped to assist the injured out of the bus, and about seventy-five firefighters responded to the scene. The entire freeway was shut down for some time and was expected to remain closed until at least 5:00 p.m.
Bus Drivers Have a Heightened Responsibility
As referenced above, the CHP at least tentatively concluded the bus driver made an unsafe lane change, causing the accident. Assuming this was the cause of the accident, then the driver's employer, apparently the Da Zhen Bus company, will have the responsibility of compensating all of the injured passengers. A bus operator, considered a "common carrier" under the law, "must use the utmost care and diligence for their [passenger's] safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill." (California Civil Code Section 2100) Making an unsafe lane change is actually a violation of the California Vehicle Code and, if proven, amounts to negligence. For a bus operator, a violation of a statute is strong evidence that the "utmost care" was not used.
Insurance Complications With Large Bus Accidents
Accidents like the one above, involving a large number of passengers, can create legal and logistical complications for those seeking compensation. For example, if the insurance policy covering the operation of the Da Zhen bus has a five million dollar limit (which is not uncommon) all of the injured parties will likely have to divide that policy among themselves. This will take careful preparation of each claimant's case and likely a very lengthy and complicated negotiation process. It is common for cases like the one above to be resolved in mediation, a settlement process in which a mutually agreeable party (the mediator) is selected and then assists all of the claimants in resolving their claims at the same time. Most often, insurance companies covering an accident like the one today will require a "global" settlement in which all claims are resolved at once.
If you have been injured or a loved one killed in a bus accident, consultation with an experienced bus accident attorney can be the most important step taken toward securing fair compensation for the injuries and damages sustained.
SOURCE: Charter Bus to Casino Overturns on 210 Freeway; 52 Hurt, KTLA News, August 22, 2013, by KTLA Web Staff
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