California Common Carrier Laws and Tour Bus AccidentsUnder 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.
Establishing LiabilityThere 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 VictimsIndividuals 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.
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