Update: According to investigators at the location of the accident there were about 33 passengers in the tour bus. The accident killed one passenger and injured 30 more. According to the CHP the driver of the was involved in a minor accident at a local Denny’s earlier in the morning. The driver was identified as 67 year old Garcilazo Palencia of Los Angeles. The bus drifted off the free way into the right shoulder of the road careened down an embankment and flipped over. The operator of the bus line has been identifies a Yellow Arrow LLC, located in Othello, Washington. The accident took place 100 miles shy of the Oregon-California border.
California Common Carrier Laws and Tour Bus Accidents
Under California’s common carrier laws mass transportation entities and the drivers of their vehicles owe their passengers a heightened duty of care so as not to expose them to heightened levels of care. Common carriers include both public transportation buses and private tour bus and chartered bus companies.
There are four elements which need to be proven in order to established liability based on negligence bases cause of action. (1) The at fault party owed a duty of care to the injures party – as stated above drivers of buses and other common carriers owe their passengers a heightened duty of care. (2) The duty of care was breached by the at fault party. (3) The breach of the duty was the cause of the accident. (4) The accident resulted in serious injuries to the victim.
Compensation Available For Victims
Individuals who have suffered injuries due to the negligent or intentional conduct of others are entitled to full and just recovery for all harms suffered. Specific types of damages compensable in auto bus accidents include the following…
- All medical and health related costs.
- Future medical and rehabilitation care.
- Future nursing and home care expenses.
- Loss of income and loss of future earning potential due to long term injury or disability.
- Loss or damage to property.
- Non-Economic damages including pain and suffering and punitive damages.
Note: Punitive damages are awarded in instances of an intent by the perpetrator to cause harm or reckless endangerment of passengers. In this instant punitive damages may be awarded because the driver of the bus knew or should have known that his fatigue significantly increased the potential of a deadly accident.
Attorney Consultation Available: Feel free to contact our law firm if you have any further questions regarding the filing of a lawsuit for the injuries you have suffered in the tour bus accident in Shasta County California. All legal consultations regarding this mater are provided by our attorneys free of charge.
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