Determining Liability in Tour Bus Accidents
With many sights to see and places to visit in Los Angeles, tourists from other states or countries often get around with the use of tour buses. It is a convenient way for them to have an organized and programmed tour so they can see as many attractions as possible and enjoy their visit.
Unfortunately, some tour bus trips can take a dangerous turn. In LA, dozens of tour bus accidents have occurred, leaving hundreds of people dead and even more injured. Here are some of the most common causes of tour bus accidents:
• Driver Fatigue – Similar to a fatal bus crash in Little Rock, Arkansas which killed 14 people and injured more than a dozen, bus drivers falling asleep on the wheel is one of the leading causes of bus accidents. Because of the need to keep up with the schedule or the tour program, some bus drivers end up driving all night and without backup.
• Driver Distraction – There have been several accidents involving distracted bus drivers. A growing number of these cases involve drivers who text on their cell phones while operating the vehicle.
• Driving Under the Influence – Many drivers still continue to abuse drugs or alcohol even when they know they have to operate a motor vehicle. DUI for tour buses however, can prove to be even more disastrous than a drunk driver in a sedan. Impaired bus drivers often display poor judgment and can over-speed, violate traffic laws, and lose control of the vehicle.
• Lack of Experience of Drivers – Driving a bus is not like driving a car, aside from having more blind spots, drivers should have been properly trained before they can operate a bus. Their lack of experience and training can result to fatal errors like accelerating instead of braking.
• Bus Defects – The defect can be inherent, such as manufacturing defects or dangerous design but a large number of bus accidents was traced to poorly maintained or old and dilapidated buses which are used for tours and travelling.
As seen from above, majority of tour bus accidents can be attributed to driver error. The findings from the investigation of a fatal tour bus crash last year in Soledad which killed and injured several French tourists prove this point further as the driver’s actions were indicated as the proximate cause of the crash.
Since buses are considered common carriers, under the law, common carrier is held absolutely liable for any damage to good or injury or death to a passenger. Employers or the operator of the bus can be sued for compensation even if the damage was caused through the negligence of the employee.
While getting compensated for any injury or damage may seem easy when it comes to common carriers, take note that such may not always be the case for tour buses. Tour buses depending on its operation, may either be a private carrier or a common carrier. A tour bus can be considered a private carrier if it provides private charter transportation to any customers that hire them.
When dealing with tour bus accidents, it would be best to hire a tour bus accident attorney or a bus accident lawyer who can take charge of filing the proper and appropriate claim for you so that you can recover the right compensation for any injuries or damage you suffered.
Unfortunately, some tour bus trips can take a dangerous turn. In LA, dozens of tour bus accidents have occurred, leaving hundreds of people dead and even more injured. Here are some of the most common causes of tour bus accidents:
• Driver Fatigue – Similar to a fatal bus crash in Little Rock, Arkansas which killed 14 people and injured more than a dozen, bus drivers falling asleep on the wheel is one of the leading causes of bus accidents. Because of the need to keep up with the schedule or the tour program, some bus drivers end up driving all night and without backup.
• Driver Distraction – There have been several accidents involving distracted bus drivers. A growing number of these cases involve drivers who text on their cell phones while operating the vehicle.
• Driving Under the Influence – Many drivers still continue to abuse drugs or alcohol even when they know they have to operate a motor vehicle. DUI for tour buses however, can prove to be even more disastrous than a drunk driver in a sedan. Impaired bus drivers often display poor judgment and can over-speed, violate traffic laws, and lose control of the vehicle.
• Lack of Experience of Drivers – Driving a bus is not like driving a car, aside from having more blind spots, drivers should have been properly trained before they can operate a bus. Their lack of experience and training can result to fatal errors like accelerating instead of braking.
• Bus Defects – The defect can be inherent, such as manufacturing defects or dangerous design but a large number of bus accidents was traced to poorly maintained or old and dilapidated buses which are used for tours and travelling.
As seen from above, majority of tour bus accidents can be attributed to driver error. The findings from the investigation of a fatal tour bus crash last year in Soledad which killed and injured several French tourists prove this point further as the driver’s actions were indicated as the proximate cause of the crash.
Since buses are considered common carriers, under the law, common carrier is held absolutely liable for any damage to good or injury or death to a passenger. Employers or the operator of the bus can be sued for compensation even if the damage was caused through the negligence of the employee.
While getting compensated for any injury or damage may seem easy when it comes to common carriers, take note that such may not always be the case for tour buses. Tour buses depending on its operation, may either be a private carrier or a common carrier. A tour bus can be considered a private carrier if it provides private charter transportation to any customers that hire them.
When dealing with tour bus accidents, it would be best to hire a tour bus accident attorney or a bus accident lawyer who can take charge of filing the proper and appropriate claim for you so that you can recover the right compensation for any injuries or damage you suffered.
posted by Mesriani Law at
6:28 PM
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