The accident took place on the 10 freeway near the California-Arizona border city of Blyth and involved a tour bus collision with a tractor trailer – 18-wheelers fallen cargo. The accident has left at least four passengers dead and dozens more injured. According to witness testimony and law enforcement officials including the CHP (California Highway Patrol) the big rig had jackknifed onto the median and spilled the steel pipes it was carrying onto the lanes. The conductor of the bus may have swerved to avoid the items on the highway resulting in the vehicle being overturned. The bus rolled about 18 yards off the road down an embankment and landed on its side. The bus was carrying 32 individuals traveling on the bus from Texas to California. A Chevrolet Suburban was also struck the metal pipes and suffered high level of damages.
Our Law Firm Is Investigating the Accident
Our personal injury legal team is currently investigating possible claims against all at fault individuals and companies involved in the accident in Blyth California. If a relative or loved one has been killed in the accident or if you have suffered harm as a passenger onboard the tour bus feel free to contact our law offices. All legal consultation are provided free of charge.
Duty of Tour Bus Company – Common Carrier Liability for Passenger Injuries
Under common carrier laws operators, drivers and owners of tour buses owe their passengers the highest duty of care to protect them from harm. Claims against tour buses are usually predicated on a negligence bases cause of action stipulating that liability is established when the breach of a defendants duty of care is the approximate and foreseeable cause of an actual physical harm suffered by a plaintiff.
Liability of the Trucking Company
Unsecured and unsafely fastened cargo on large trucks results in hundreds of accidents and dozens of fatalities each year. Trucking companies fastened their cargo to such as degree so that even a major accident such as a jackknifing incident would not result in the release of material from the vehicles cargo bay. Under 142.3 of the Labor Code “all loads be secured against dangerous displacement”. More so federal interstate rule and regulations necessitates a bungee cord, tie down strap or other equally as effective equipment be used to fasten a trucks load. Such fasteners must meet specific performance requirements designated by law.
Compensation Available for Victims and Their Families
Under California state law certain relatives of individual who have died due to the negligent or wrongful conduct of others have the right to pursue a wrongful death cause of action. Individual who have suffered serious injuries are also entitled to compensation under the law including all medical and rehabilitation cost, all future medical and life care needs, loss of wages, salaries or earnings, future loss or reduction of earnings, pain and suffering, mental anguish and punitive damages.
: If you have any further questions regarding the filing of a lawsuit contact our law offices directly by calling (855)385-2529.
Truck Liability for Unsecure Cargo
California Common Carrier Laws