Another charter bus accident on a San Diego freeway has claimed lives, and this one was not far from our San Diego North County law office. Last week, an Executive Lines charter bus headed from El Monte to Tijuana crashed on the rain-slicked I-15 near Fallbrook. The accident killed three passengers and injured 18 others. According to the CHP, the charter bus about to head uphill in a downpour when the driver lost control, causing the bus to veer of the road, overturn, and then roll down a steep embankment. The bus veered off the highway, overturned, and slid down an embankment before coming to rest along the hillside.

Several passengers were ejected from the charter bus. “Little by little I start remembering and getting flashbacks and I would only hear people screaming that were inside and the others were trapped,” one victim told Telemundo20.

The National Transportation Safety Board sent a team to investigate the charter bus accident. The agency, which investigates transportation crashes, posted Twitter message that “a team of four” was sent to the scene in the Pala Mesa area. The NTSB probe will likely focus on a number of causes of the crash, including the driver’s training, certifications, experience, and hours of service; the roadway conditions at the time of the accident; and the condition of the bus itself. It has been reported that Executive Lines buses and the company appears to have passed all inspections conducted over the past two years.

The three victims who died in the crash were identified as 23-year-old Cinthya Karely Rodriguez Banda, Maria De La Luz Diaz, 67 of Riverside, and Julia Perez Cornejo, 73 of Pasadena.

Northern San Diego County Personal Injury Lawyers

Walton Law firm has been representing the victims of personal injury accidents in San Diego’s North County for over 20 years. To discuss a case for free, call our office of complete our online inquiry form.

Now that school is back in session in Carlsbad, it is important for parents to think carefully about school bus safety. Whether you children ride a school bus or walk to school in areas with school buses, bus accident and injury prevention should be on your mind this fall and throughout the school year.

According to a recent report from ABC News, most child injuries involving school buses occur when a motorist fails to abide by traffic laws pertaining to school buses. For example, automobile drivers might fail to stop when a bus stops to let kids off, or car drivers might not pay attention when they are speeding along roads where children are waiting for a school bus. At the same time, kids can get injured while riding on school buses. Despite all of these injury risks, the report points out that “a school bus is one of the safest vehicles on the road.” What do you need to know about school bus safety and bus accident prevention?

School Buses are One of the Safest Ways for Kids to Get to School

First, if your child takes the bus to school, you should not panic. As the report emphasizes, school buses really are one of the safest ways for kids to get to school. To be sure, school bus drivers “have gone through extensive training to make sure the kids are safe when getting on and off the bus.” Data from the American School Bus Council supports this point, noting that “students are about 70 times more likely to get to school safely if they take a school bus instead of traveling by car.”

Why are school buses safer than other forms of transportation? First, the structure of a school bus is such that passengers are safer than they would be in a smaller automobile. The color of school buses was also designed with safety in mind. With the bright yellow, they are less likely to be struck by cars, trucks, and other vehicles. The National Highway Transportation Safety Administration (NHTSA) also indicates that school buses are more regulated than any other vehicles on America’s roadways, and bus features (such as the extending stop-sign arm and the bright color) help to protect kids who are disembarking.

At the same time, however, school bus accidents do occur.

Learning More About School Bus Accidents and Safety Precautions

Although your child may be safer in a school bus than in another parent’s automobile, it is nonetheless important to keep in mind that accidents involving school buses can and do occur. As the ABC News report clarifies, a particularly high number of school bus-related accidents happen because drivers fail to stop when the stop-sign arms of a school bus is extended. Last year alone, about 96,000 incidents were reported in which motorists failed to stop—as traffic laws require—for a school bus. Accidents can also happen when students are not following bus rules, as well as when a school bus driver is negligent.

While parents cannot prevent every school bus accident, there are some safety measures we can take. The following are tips from Consumer Reports:

• Keep a safe distance from the bus as it approaches;
• Do not enter or exit a school bus until the drivers permits it;
• Stay as visible as possible to the school bus driver, which means walking at least 10 feet ahead of the bus when you cross in front of it and never crossing behind a bus;
• Use handrails when exiting the school bus;
• Wear a seat belt if one is available;
• Keep your arms, hands, and legs inside the bus;
• Remain in your seat while the bus is moving; and
• Do not get up from your seat until the bus has come to a complete stop.

Contact a Carlsbad Bus Accident Lawyer

If you have questions about filing a bus accident claim, a Carlsbad bus accident attorney can assist you. Contact the Walton Law Firm today to learn more about the personal injury services we provide to plaintiffs.

See Related Blog Posts: Dozens of Children Involved in San Diego County Bus Accident Rancho Bernardo Back-to-School Bus Safety

Parents in Vista and throughout San Diego County should learn more about a recent bus crash that occurred when a school bus crashed into a tree and left several children with injuries. According to a recent article in U.S. News & World Report, the charter bus collided with a tree with 43 students on board. A report from NBC 7 San Diego indicated that the tree smashed through all of the windows on one side of the bus, shattering the glass and causing lacerations to a number of the children on board. Some of those kids suffered injuries to the face.

How did this bus accident happen? What can parents in Vista do to help prevent child injuries in school bus accidents?

San Diego County Bus Accident

According to the California Highway Patrol (CHP), the bus crash occurred in front of Joan MacQueen Middle School just before 5:00 p.m. in early March 2018. The child school bus passengers, along with two parents and the bus driver, had been returning from a field trip when the accident occurred. Emergency medical responders arrived at the scene of the crash and evaluated all of the children and other passengers. While some sustained minor injuries, the emergency medical responders reported that, fortunately, no one sustained serious or life-threatening injuries.

Some of the students did leave the scene with their parents to receive additional medical evaluations, however. Parents reported that “kids on the bus had glass shards on their head and in their hair following the crash.”

What caused the bus crash? According to Karen Hohimer, the principal of the middle school, the crash remains under investigation. In a statement, Hohimer said, “Law enforcement will conduct a full investigation of the accident, and we will stay in close contact with the parents of the children who were on the bus. We take this type of incident very seriously and want to assure you our school buses and chartered buses remain a safe form of transportation for getting children to and from school and field trips.”

Preventing School Bus Accidents

Based on reports from the recent bus accident, the company had a “satisfactory” safety rating and no obvious history of violations. Bus crashes can happen even when a bus driver or a bus company does not have a previous accident history. Even when bus crashes cannot be predicted based on the record of a bus driver or bus company, it is important for parents to consider safety tips to keep their kids safe.

The following safety tips come from the California Teachers Association (CTA):

• Ensure that children are dressed in bright clothing while waiting for the bus so that they can be seen;
• Remind children to behave properly while waiting for the bus to avoid an accident in the street;
• Stand away from the bus as it is approaching;
• Use the handrail when climbing into the bus;
• Be quiet on the bus to ensure that the driver does not get distracted from the task of driving and focusing on the road;
• Remain in your bus seat at all times;
• Do not kneel or stand on the bus seat; and
• In the event of an emergency, always follow the bus driver’s instructions and remain as calm as possible.

Contact a Vista Bus Accident Attorney

If your child was injured in a bus crash, a Vista bus accident attorney may be able to help. Contact the Walton Law Firm for more information about the services we provide to injury victims in Southern California.

See Related Blog Posts: Rancho Bernardo Back-to-School Bus Safety Will Tour Bus Inspections Increase in San Clemente?

(image courtesy of michael-mroczek)

For parents and their neighbors in Rancho Bernardo, it is important to understand important school bus safety laws as kids throughout California return to school. We can all take steps to prevent bus accidents. However, according to a recent report from CBS News, many drivers do not always obey school bus safety laws simply because they do not know them. Now is the time to learn because the California Highway Patrol (CHP) plans to conduct pedestrian safety enforcement operations along the California coast in the coming school days.

What are School Bus Laws in California?

In short, it is important for motorists to know how to behave around a school bus (and how to obey the law). In particular, if you are driving behind a school bus that is picking up or dropping off children, or if you are approaching such a bus from the opposite direction, what does the law require you to do? The report emphasizes the importance of understanding and abiding by the following laws to prevent child pedestrian accidents and fatalities:

• If a school bus is flashing red lights, you must come to a complete stop regardless of whether you are approaching the bus from behind or from the opposite direction;
• Once you come to a stop for a school bus’s flashing red lights, do not start to move again until the bus’s lights stop flashing and the children are clearly across the street safely; and
• Know that yellow flashing lights on a school bus often mean that the bus is slowing down, and any nearby motorists should plan to soon come to a complete stop once the lights become red.

Whether Southern California drivers know these laws or not, many do not abide by them. Last October, a one-day study concluded that “26,000 motorists statewide failed to stop for a bus that was stopped to load or unload students.” To help enforce the law, CHP officers plan to ride on school buses and to contact nearby patrol units if a motorist illegally passes the school bus when it has red flashing lights. Drivers in California can be assessed fines up to $1,000.

Taking Additional Steps to Prevent Accidents Involving School Buses

What else can parents and drivers do to help prevent pedestrian accidents around school buses? The AAA Foundation for Traffic Safety recommends that drivers always do the following near school buses or while in school zones:

• Wait your turn whenever you are approaching a stopped school bus;
• Look in the medians to ensure that no children are attempting to cross the street;
• Be particularly cognizant of the fact that the 10-foot area around a school bus is where kids are most likely to be involved in a collision with the bus or another motor vehicle;
• Slow down and obey the speed limit; and
• Never pull into a crosswalk when coming up to a stoplight or waiting to make a right-hand turn.

Contact a Rancho Bernardo Bus Accident Lawyer

Many bus accidents in Rancho Bernardo and throughout San Diego County are preventable. If you or your child sustained injuries in a collision, you may be able to file a claim to seek compensation from the negligent driver and should speak with a Rancho Bernardo bus accident lawyer as soon as possible. Contact the Walton Law Firm today to discuss your options.

See Related Blog Posts: Will Tour Bus Inspections Increase in San Clemente? Deadly Bus Accident in Southern California

(image courtesy of Michael Mroczek)

Over the last several years in areas around San Clemente, tour bus accidents have resulted in serious and fatal injuries. In most—if not all—of these bus crashes, investigators have suggested that the accidents could have been prevented. What are cities in Orange County and San Diego County doing to prevent similar crashes in the future? According to a recent article in The Mercury News, there is a new law in California allowing cities and counties to request tour bus inspections from the California Highway Patrol, yet most cities and counties in the state simply are not using the rule to help avoid tour bus collisions.

Using Assembly Bill 1677 to Prevent Tour Bus Crashes in California

As of January 2017, Assembly Bill 1677 has been in effect. What does this law do? The text of the bill explains that it requires the Department of the California Highway Patrol (CHP), “upon request of, and in consultation with, representatives of a local government in a jurisdiction where tour buses operate, [to] develop protocols for entering into memoranda of understanding with local governments to allow the department to increase the number of the locally operating tour buses that are being inspected by the department.”

The author of the law, Assemblyman Phil Ting, introduced the bill just over a year ago “after a sightseeing bus went out of control near Union Square and injured 20 people,” according to the article. When Ting introduced the legislation, he emphasized how “dangerous buses fall through the cracks of today’s tour bus safety inspections,” and that communities throughout the state of California need “new tools to take charge and keep local streets safe.” However, spokespersons for the CHP have remarked that, since the law took effect about three months ago, “not one municipality or agency in the state” has used the law to request an inspection.

What is going on?

Are Costs Associated with Assembly Bill 1677 Outweighing County Safety Interests?

The CHP and others believe that one of the reasons no one has requested an inspection concerns cost. In addition to stating the reasons for the new law, the text of Assembly Bill 1677 also clarifies that it includes “a provision that the local government will reimburse the department for all actual costs associated with conducting additional inspections.” That latter part of the law is likely where the problem comes in for cities and counties in the state.

According to the article, cities and counties may not be requesting inspections because they are concerned about the costs associated with an inspection, which they must cover. Rosemary Shahan, the president of Consumers for Auto Reliability and Safety, believes the California legislature would have done better to “allocate money to the CHP to pay for additional inspections.”

Yet according to some, the problem is that many agencies in the state simply do not know about the law, and publicizing it could result in requests for inspections. Regardless of the reason, however, it is important to remember that “more than 20 people have died in tour bus crashes in Southern California in the past four years.” As such, something needs to change when it comes to tour buses and safety measures.

Contact a San Clemente Bus Accident Lawyer

If you have questions about filing a personal injury lawsuit, an experienced bus accident lawyer in San Clemente can assist you. Contact the Walton Law Firm today to learn more about how we can help with your claim.

See Related Blog Posts: Deadly Bus Accident in Southern California School Bus Safety Law in San Diego

(image courtesy of Stephane Milot)

When we board tour buses or other modes of public transportation in Southern California, most of us do not immediately worry about the risk of a serious bus accident. However, as a recent article in CNN News emphasizes, bus accidents can happen almost anywhere and without warning. A tour bus that had been carrying passengers to Los Angeles from a casino crashed into a large truck, resulting in 13 fatalities and 31 serious injuries.

How did the bus accident happen? What causes most public transit accidents in Southern California?

Details of the Fatal California Bus Crash

As we noted above, the 1996 MCI bus, which was operated by the company USA Holiday, had been on its way back to Los Angeles, CA after transporting a group to the Red Earth Casino, which is located in Thermal, California. The deadly collision occurred early in the morning—reports cite the time of the accident as 5:17 a.m. local time—in the westbound lanes of the I-10. The precise cause of the bus accident has not yet been determined, but investigators at the scene suspect that speeding played some role in the severity of the crash. The CNN News article indicated that “the speed of the bus was so significant that when the bus hit the back of the big rig, the trailer entered approximately 15 feet into the bus.”

In addition to speed, investigators are also looking into the possibility that drugs, alcohol, and/or fatigue may have been factors in the collision. At the time of the accident, many of the passengers had been asleep, expecting to arrive safely back into the Los Angeles area. The 13 confirmed fatalities were pronounced at the scene of the crash. The article described the accident as “among the deadliest in California in recent years.” The last time a major tour bus accident occurred was back in April of 2014, when a FedEx tractor-trailer crashed into a school bus on the I-5 north of Sacramento.

Investigators do not currently believe that mechanical issues played a role in the cause of the accident. The bus had been inspected quite recently—in April of 2016—and had also been inspected annually over the last two years. During those inspections, no mechanical issues were reported.

Bus and Large Truck Accident Facts

How often are buses involved in serious and fatal collisions on the highway? According to a fact sheet from the Federal Motor Carrier Safety Administration (FMCSA), large trucks and buses were involved in 3,978 fatal accidents in 2014. That number represents a 5% decrease from the previous year. In terms of transit buses specifically, the FMCSA predicts that tour and other transit buses account for about 40% of all fatal bus accidents.

What are the primary causes of serious bus accidents? Largely, the causes of most fatal truck and bus accidents also are among those linked to severe car crashes, including but not limited to:

• Aggressive driving (including speeding);
• Drowsy or fatigued driving;
• Distracted driving; and
• Driving under the influence of drugs and/or alcohol.

If you have questions about filing a bus accident lawsuit, an aggressive San Diego bus accident attorney can discuss your options with you today. Contact the Walton Law Firm today.

See Related Blog Posts: School Bus Safety Law in San Diego Serious Injuries in Tour Bus Crash

(image courtesy of Lagogocharters)

Last year, the tragic death of a student in a school bus accident prompted California legislators to take action. Late last month, according to a recent article in the Whittier Daily News, a 19-year-old autistic teenager was left unattended in the back of a bus on a particularly warm day. At that time, no protocols were in place to require school bus drivers to check individual seats to ensure that no children were present on the bus. At the same time, school buses were not required to have alarms to help ensure that no kids are left unattended on hot school buses. Given the frequent high temperatures in Southern California, it is extremely important to have standards in place to ensure that children are safe when they take the bus to school or to school-related activities.

Now, as the article explains, Senator Tony Mendoza’s proposed legislation, S.B. 1072, passed the California State Senate unanimously at the end of last month, and now the bill is just waiting for a signature from Governor Jerry Brown.

School Bus Safety for Students

Senator Mendoza proposed S.B. 1072, as we mentioned above, in response to the death of an autistic student who, according to an article in School Transportation News, was “left behind on a school bus during a Southern California heat wave last September.” If the bill becomes law by September 30, 2016, its requirements will need to be implemented by the beginning of the 2018-2019 school year.

The primary feature of S.B. 1072 is to require the installation of child alarm systems in California school buses. As the proposed legislation explains, current California law requires schools “to prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils.” The bill would require additional safety mechanisms to ensure that students reach their destinations safely whenever they ride school buses in the state. Specifically, the bill would require schools to institute “procedures to ensure that a pupil is not left unattended on a school bus, school pupil activity bus, or youth bus.”

Details of S.B. 1072 and Newly Proposed Requirements

When the bill says it would require the institution of safety procedures to ensure that kids are not left unattended on school buses, what precisely does it mean? The proposed legislation also stipulates that it would require some of the following:

• Training or instruction for school bus drivers that would include “inspection procedures” for making sure that no children are left unattended on the school bus;
• Notification to the California Department of Motor Vehicles when a school bus driver has left a student unattended on the bus; and
• Installation of new safety equipment on school buses, specifically a “child safety alarm system” to ensure that kids do not remain on the bus once it is parked.

What is the “child safety alarm system”? As the language of the proposed legislation clarifies, it is “a device located at the interior rear of a vehicle that requires the driver to manually contact the device before exiting the vehicle, thereby prompting the driver to inspect the entirety of the interior of the vehicle before exiting.”

Contact a San Diego Bus Accident Lawyer

If your child got hurt in a school bus accident, a dedicated San Diego bus accident lawyer can help. Contact the Walton Law Firm today to learn more about how we can assist you.

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According to a recent report from ABC News, a bus accident in San Francisco resulted in serious injuries to 20 people, including a bicyclist, car passengers, pedestrians, and tourists on the bus. Investigators continue to look into the causes of the accident, but early witness reports indicated that the double-decker bus “went out of control” in the moments before the crash, according to another report from CBS News. What happened in Northern California? And how can San Diego residents and visitors to Southern California prevent deadly bus accidents?

Bicyclist, Pedestrians Struck By Tour Bus The report from ABC News indicated that, before the collision occurred, the bus driver for City Sightseeing had been “driving erratically and speeding for at least two blocks.” The bus first struck a bicyclist before hitting two pedestrians. The bus kept going, and it did not appear to slow down even after it crashed into moving automobiles. One witness, according to CBS News, described the bus as “going very quickly through the intersection—like at least 40 miles per hour and it looked like it was going out of control.”

The bus did not stop until it plowed into a construction site in Union Square. By crashing into a construction area, the bus accident caused scaffolding to fall. Emergency responders reported that they had to “pull people out who were pinned underneath the bus and scaffolding.” A security worker in the area described the scene as horrific, and he recalled the sound of the collision as it occurred, “It was like a bomb going off—just the boom, boom, like it wasn’t going to stop.” Another witness reported that the bus did not appear to have working brakes given its path of destruction.

At the time of the crash, 30 passengers were on the bus. 20 people suffered personal injuries, and eight people were rushed to the hospital. One of those eight passengers who required hospitalization was reported to be a minor. Several days after the bus accident, four people remained in critical condition. We do not yet know if the accident resulted from driver error or a mechanical problem. Investigators have made clear that, as part of their standard operating procedures, they will look into the possibility of:

• Mechanical malfunctions and defective auto parts;
• Narcotics use.

Learning More About Tour Bus Accidents In 2011, the National Transportation Safety Board (NTSB) prepared a study on motorcoach safety. It gathered data and reported some of the following facts and figures:

Each year more than 240 million people took trips on charter or tour buses. When accidents happen on buses, bus passengers tend to be relatively injury-free (around 45 deaths for every 100,000 accidents). Pedestrians, bicyclists, and occupants of other vehicles tend to sustain the brunt of the injuries reported in serious bus accidents. Between 2005 and 2010, an average of 1,003 bus accidents occurred each year. On average, 32 were fatal (totaling 44 deaths), and 505 were nonfatal.

If you or someone you love sustained injuries in a bus accident, you should speak with an aggressive San Diego bus accident lawyer to learn more about filing a claim for compensation. Contact the Walton Law Firm today to learn more about our services.

See Related Blog Posts: Students Injured in San Diego County School Bus Accident School Bus Safety in California

Are children at risk of suffering a serious injury in a school bus accident? Do we need to consider the risks of traumatic brain injuries when we rely on school transportation? According to a recent report in the Times of San Diego, eight kids sustained injuries earlier this month while aboard a school bus that “made an abrupt stop.” The accident occurred close to Flinn Springs County Park in the later afternoon. At the time of the injuries, the bus had been carrying about 50 children. The California Highway Patrol indicated that many of those young students “reported hitting their heads as the vehicle lurched to a stop.”

Emergency responders ended up transporting eight of those kids to a local hospital for “precautionary exams.” Those medics evaluated numerous other children at the scene of the accident who complained of hitting their heads. What caused the accident and injuries? According to the California Highway Patrol, “the driver of the bus may have braked hard to avoid a collision.”

Deadly School Bus Accidents are Not the Norm

A recent article in USA Today emphasized that statistically speaking, deadly school bus crashes are rare, particularly when we are speaking of fatal injuries to children on board. When school bus collisions are fatal, “they rarely kill children, who log thousands of hours riding each year.” The article examined data from the National Highway Traffic Safety Administration (NHTSA), noting that between 2004 and 2013 only 1,214 fatal school-related transportation accidents occurred. How small is that number in comparison to other auto accidents during the same period? In short, school bus accidents represent only about 0.4% of all fatal traffic collisions between 2004 and 2013.

Even when deadly school-related transportation accidents do take place, the victims who suffer fatal injuries are rarely those who are riding on the bus. According to the NHTSA, just over 130 people die each year in school bus accidents. And of those victims, only about 8% are school bus passengers. Who are the more common victims of fatal school bus accidents? In general, passengers in other vehicles tend to be at greatest risk of deadly injuries.

The NHTSA indicates that nearly 75% of fatal school bus accidents involve passengers in other cars. The remaining fatalities tend to involve pedestrians and bicyclists. As the article points out, “once a bus begins rolling down the road, a child is, statistically speaking, safer inside the bus than outside it.”

Preventing School Bus Accidents and Injuries

If children tend to be safest once they are inside a school bus (as opposed to outside of it), how can we take preventive measures to ensure that our children remain safe while they wait for the bus or step off the bus at the end of the school day? The National Safety Council recommends some of the following:

• Stay away from traffic while waiting for the bus.
• When the bus approaches, wait until it has completely stopped before trying to board.
• Use the handrail when entering and exiting the bus.
• Walk at least 10 feet ahead of the bus before crossing in front of it so the driver can see you.
• Do not stand or walk anywhere near the rear wheels of the bus.

If your child suffered injuries in a school bus accident, you may be able to file a claim for compensation. An experienced San Diego bus accident attorney can answer your questions today. Contact the Walton Law Firm to learn more about how we can assist with your case.

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Wrongful Death Lawsuit Filed By Victims’ Families

Sylvia Garay, Vanessa Gonzalez, and Stephanie Cordoba were among the victims killed in the deadly bus crash on Highway 99. The victims sustained fatal injuries “when a streaking bus plowed into” their SUV. Their families filed a wrongful death claim in Fresno County Superior Court, but the jury voted 10-2 in favor of Greyhound Lines, Inc. Reports indicate that the jury deliberated “less than three hours after a six-week trial, then left without speaking to attorneys in the case.”

The families had sought at least $6 million from Greyhound, but given that the jury found in favor of the bus company, the families of the deceased victims will not receive any financial compensation. Prior to the outcome of this case, Greyhound reportedly “spent more than $3 million to settle with the two dozen injured bus passengers,” as well as the families of two of the bus passengers who sustained fatal injuries. However, Greyhound didn’t offer any compensation to the families of the young women who had been passengers in the SUV that was struck by the bus.

What evidence existed in favor of the plaintiffs? According to the article in the Fresno Bee, the bus driver, James Jewett, caused the accident by driving aggressively. Indeed, the plaintiffs’ attorney argued that “the evidence clearly showed he was speeding in the fast lane and wasn’t wearing his eyeglasses when he slammed into the overturned SUV.” In other words, the SUV had already overturned when the bus crashed into it. The plaintiffs also presented evidence that “Greyhound’s own mechanics said Jewett’s bus had bad brakes, but supervisors wanted the bus on the road.”

Contradictory Evidence from the Defense

Why would the jury decide in favor of the defense if Greyhound didn’t properly maintain its bus and if the Greyhound driver hadn’t been obeying the rules of the road when the accident took place? The defense relied on information supplied by the California Highway Patrol, which “blamed the deadly crash on Garay, saying she was drunk when she overturned the SUV.”

In addition, the California Highway Patrol indicated that Jewett had in fact been wearing his glasses and, even with them on, he “couldn’t see the dark undercarriage of the SUV.” The defense also presented evidence showing that Jewett had been driving Greyhound buses for 32 years and maintained a clean driving record.

While it can be difficult to prove that a big company is liable for injuries in an accident, it is important to seek compensation when you have been injured because of another person’s negligence. Bus accidents often result in serious and fatal injuries. If you or someone you love has recently been injured in a bus crash, you may be eligible to file a claim for compensation. Contact an experienced San Diego bus accident lawyer at the Walton Law Firm today to learn more about how we can assist with your case.

Photo Credit: Jasperdo via Compfight cc See Related Blog Posts: School Bus Safety in California California Bus Crash Report

Are children safe when they board a school bus headed toward home after a long day in the classroom? With news of the deadly school bus crash involving a FedEx truck, it’s not surprising that parents would be more concerned about school bus safety. But a recent bus accident in the Anaheim Hills isn’t doing much to allay concerns.

According to an article in the Los Angeles Times, the bus accident in the Anaheim Hills left six people injured. The school bus had been carrying a total of 12 people, including the driver and 11 middle-school students, from an after-school activity at El Rancho Charter School. Residents of the Anaheim Hills could hear students screaming for help just moments after the accident, and according to the news story, many “Good Samaritans rushed to free them from the wrecked vehicle.”

One witness, who had been driving in the opposite direction of the school bus, saw it “drive up and fly up and crash” as students inside screamed, “help me!” Of the injured students, two suffered critical injuries, although officials indicated that none of the injuries looked to be life-threatening. The driver also sustained critical injuries. The California Highway Patrol indicated that three other students suffered minor injuries. A report from ABC News indicated that “part of a tree went into the bus and cut a girl’s leg,” and witnesses observed “gas pouring out the back.”

The California Highway Patrol is looking into the cause of the crash. According to ABC News, investigators have interviewed the driver but “still don’t know what caused the bus to veer out of its lane, over a curb and into trees and a lamp post.” Authorities haven’t determined how many of the students had been wearing seat belts.

School Bus Safety Statistics

A recent article in WebMD emphasized that, despite the intense news coverage of school bus accidents, “taking a bus to school is the safest way to go.” According to Eric Bolton, a spokesperson for the National Highway Traffic Safety Administration (NHTSA), school transportation has some of the best statistics in terms of the total number of injuries and number of passengers. Specifically, school buses carry about 24 million students each year and travel “more than 4 billion miles,” and these vehicles only have a death rate of .2 per 100 million miles traveled.

However, the article in WebMD emphasized that statistics aren’t always so comforting. When we think about the likelihood of an accident on a school bus compared to other modes of transportation, the numbers might look good. However, there’s another way to think about school bus accidents: “over a span of 11 years, from 1994-2004, a total of 71 passengers on school buses died in crashes.” And nearly all of these deaths were preventable.

Has your child been injured or killed in a serious bus crash? In many school bus accident cases, it may be possible to file a claim for financial compensation. When bus drivers or school districts behave negligently, children can suffer severe and sometimes fatal injuries. At the Walton Law Firm, we are dedicated to helping California residents who have been injured in school bus crashes. Contact one of our experienced San Diego bus accident attorneys to discuss your case.

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School Bus Accident Cases

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It seems there has been a rash of school bus accidents in Southern California lately. Some have been small, causing only property damage, and others have been devastating, claiming lives or causing serious injury, like the one in Orange County this week.

Parents of children involved in these accidents often don’t know where to turn for answers after an injury to a child in one of these cases. In most cases, they are happy with the school their child attends, and sometimes even know and like the driver of the bus. Suing the school district is often not the first impulse.

As a law firm that has represented victims of bus accidents such as these, we thought it might be helpful do address some of the regulations that cover school buses, and the liability that arises from these accidents.

Common Carrier Liability in School Bus Cases

Under California law, almost all modes of public transportation where vehicles are hired for transportation are considered “common carriers.” A common carrier in California is required to use “the utmost care and diligence for passengers” and the operator must take extra care in protecting their passengers than a typical private driver.

As part of that duty, common carriers such as school districts that employ school bus drivers are required to provide buses safe and fit for the purposes to which they are put, and are not excused for failing to do so in any respect or by any degree of care. The common carrier standard is a higher standard that has its roots in the English common law, and it’s based on the recognition that it is privilege to serve the public, and therefore the owner/operators are held to a higher duty.

In short, because of this higher standard on the part of bus operators, it has the effect of shifting the burden of proof, making it easier for the injured party to prove that there was negligence on the part of the driver or the district in failing to properly operate or maintain the bus.

Training Requirements for School Bus Operators

School bus drivers are subject to numerous regulations under California Vehicle and Education Codes, as well as rigorous training programs provided by the school or district for which they are hired.

Most districts require that all school bus drivers:

• receive extensive training in current laws pertaining to the state regulations that govern the operation of a school bus, and behind-the-wheel training as mandated by both Federal and State law;
• pass a background check by the Department of Justice or the FBI;
• must have a current Department of Transportation Medical Certificate;
• must pass the written California Highway Patrol First Aid Test or other first aid qualification;
• must participate in pre-employment drug and alcohol testing and random testing after their hire date;
• must have and maintain a clean driving record, both professionally and personally.
• must successfully complete a minimum of 40 hours of course instruction, which includes a minimum of 20 hours of classroom instruction in all units of the Instructor’s Manual for California’s School Bus Driver’s Training Course. That training also includes a minimum of 20 hours of behind-the-wheel training.

A failure to provide adequate training, is grounds for a claim of negligence, in addition to any negligence on the part of the driver.

Injury Claims in School Bus Cases

Bus accidents involving school children usually involved buses owned by the district, usually a public school district, or buses that are chartered through a private organization. In cases where the bus is owned and operated by a district employee, the case would be against the district. It’s important to note that for accidents in California, a government claim must be filed against the school district within six months from the date of the accident. If the injured party was a minor, the claim filing period will likely be extended to one year, but if there is any doubt, you should consult an attorney.

If the claim is purely against a private company, in California the statute of limitations is likely two years from the date of the accident.

If you have a question about a school bus accident, we encourage you to call Walton Law Firm at (760) 571-5500 or submit a confidential online questionnaire. There is never a charge to discuss a case.