California Bus Crash with Fedex Truck on 5 Freeway: 4-10-2014
FedEx Liability and Tour Bus Liability for the Deadly Accident
California Common Carrier Laws: In the state of California owners and operators of public and private mass transit owe their passengers as well as other motorists on the road a heightened level of responsibility. There are several elements which need to be proven in the court to law so as to establish liability on the part of a private bus operator. 1. Was there a duty owe to the injured party – as stated above bus line and tour bus operators are consider common carries and thus owe the highest level of care to drive in a safe and reasonable manner so as to prevent and or greatly reduce the risk in harm. 2. Was the duty breached by the bus operator and or driver -example of the breach of a duty of care in these instances may include the following. Failure to properly inspect the truck, negligent driving of the bus operator, failure to properly train bus driver. 3. Was the breach of the duty of care a cause of the accidents. 4. Did the accident result in harm and or death to the victim. Statute of Limitations: In the state of California civil injury claims including wrongful death lawsuits must be filed within two years from the date of the incident. Failure to submit a claim will result in the denial of a claimants right to compensation under the law. Filing a Wrongful Death Lawsuit: The death of a relative is a tragedy for all who cared and loved for the deceased individual. The state of California allows for certain relatives of the deceased to file a wrongful death cause of action against all liable parties. More on California Wrongful Death Laws here… Further Information: More in California Common Carrier Laws Accidents Involving FedEx Vehicles School Liability for Injuries to Students School Bus AccidentsThe Ultimate Guide to Truck accidents
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