Legal Groundwork in Bus Crash Cases
Municipal and intercity bus crash claims might be the most complex personal injury matters in California. For example, the respondeat superior doctrine usually applies in these wrecks. The public or private company that owned the bus is financially responsible for damages, at least in most cases, even if the bus driver was an independent contractor or an unpaid volunteer. Respondeat superior often affects the amount of compensation in a bus crash claim. Most transportation and shipping companies have deep pockets.
However, before the amount of compensation, or even legal responsibility for a wreck, is an issue, a Carlsbad personal injury lawyer must ensure that a court properly considers a legal matter. Diligent attorneys build strong legal foundations in these matters. Lawyers who take shortcuts usually don’t obtain maximum compensation. Quite frankly, due to the massive injuries a bus crash causes, victims and survivors need as much money as possible.
Preliminary Evidence
A San Marcos personal injury lawyer usually uncovers much of the evidence in a bus crash case, including the underlying cause of the wreck, during discovery. However, before a lawyer files a case, a lawyer must have enough proof to make a preliminary negligence or defective product claim.
Preliminary evidence usually includes the police accident report, witness statements, and medical bills. This evidence basically outlines the victim/plaintiff’s claim. Later, attorneys supplement this evidence with electronic evidence, such as information from a car’s onboard operational computer, and expert witness testimony from accident reconstructionists and other professionals.
This evidence must prove all the basic elements of a negligence or defective product case. If the case doesn’t establish all necessary elements, the judge could throw the matter out of court.
Statute of Limitations
Usually, the statute of limitations in a personal injury case is two years. Generally, this timetable doesn’t affect trauma injury claims. Occupational disease claims, such as chronic exposure to benzene fumes in diesel fuel, is another matter.
Over time, these fumes affect brain functions. They cause confusion, personality changes, and sudden loss of consciousness. Exposure to benzene fumes is also fatal in some cases.
Usually, victims don’t feel severe effects of high-dose benzene fume poisoning for several years. By that time, the statute of limitations has expired.
A San Marcos personal injury lawyer must use the discovery rule to ensure that these victims have their day in court. Under California law, the two-year SOL clock only begins ticking when victims know the full extent of their injuries and they connect those injuries with someone else’s negligence.
Venue/Jurisdiction
We’ll group these last two preliminary legal matters together. Jurisdiction is a court’s legal authority to hear a matter. Venue is basically a choice of law matter.
Bus crash victims usually come from multiple counties and multiple states. A court in any county or state could have jurisdiction over the entire matter. However, some courts only have jurisdiction over injuries that occur within their legal boundaries.
Usually, venue belongs in the county where the accident occurred or the county where a party resides. Since the evidence in a personal injury claim, such as witness statements, is usually where the accident occurred, this venue might be most favorable to a victim/plaintiff. However, the party’s residence gives the victim a home field advantage.
Rely on a Savvy San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start fighting for you.
Source:
law.cornell.edu/wex/respondeat_superior
