How to Prove Negligence After a Bus Accident in Los Angeles

Bus accidents in Los Angeles can be serious disasters that result in dozens of injuries and deaths. Traffic accidents involving city, shuttle, charter and school buses in California are generally preventable. They are most likely to occur when a bus driver or another party is negligent, or falls short of the duty of care.

What Is Negligence?

Negligence is behind most auto accident lawsuits in Los Angeles. Negligence means a failure to act with proper care, or an act or omission that a reasonably prudent person would not commit in the same or similar circumstances. 

If a bus driver is negligent, for example, it can mean that he or she breaks a roadway rule or maneuvers the bus in an unsafe manner. When negligence causes a bus accident in Los Angeles, the negligent person or party can be held responsible. 

However, there must be evidence that proves negligence “by a preponderance of the evidence,” meaning the claim the plaintiff (injured party) is making is more likely to be true than not true. This is the burden of proof in when filing an injury claim in Los Angeles.

Four Elements of Negligence

Proving negligence in a bus accident case in Los Angeles typically requires evidence of four key elements:

1. Duty of care: the defendant (such as the City of Los Angeles after an LA Metro accident), had a responsibility to act within certain standards of care to prevent harm or injury to bus passengers and the public.

2. Breach of duty: the defendant fell short of the accepted standard of care through a negligent, careless, reckless or malicious act or failure to act.

3. Causation: the defendant’s act of negligence was the proximate or main cause of the bus accident.

4. Damages: you suffered specific and compensable losses because of the bus accident, such as physical injuries, medical bills, and pain and suffering.

If you have proof that one or more parties were negligent in relation to your bus accident, this can be used to support your insurance claim or lawsuit in Los Angeles.

Common Causes of Bus Accidents in Los Angeles, California

California operates under a fault-based insurance system. This means that when a bus accident takes place, the person or party at fault is responsible for paying for victims’ losses. Identifying the cause of your Los Angeles bus accident is necessary before you can file.

Top causes and examples of negligence include:

• Bus driver fatigue and broken hours-of-service rules
• Rushed bus drivers in busy downtown areas
• Speeding, red-light running and other dangerous infractions
• Reckless or aggressive driving
• Driver distraction/cell phone use behind the wheel
• Driver impairment or intoxication
• Inadequate bus driver training or poor hiring
• Poor bus maintenance and part breakdowns

If you aren’t sure who or what caused your bus accident, an attorney handling bus accident claims in Los Angeles can thoroughly investigate your collision to determine its cause. You may be able to hold the bus company, city government, another driver or a vehicle manufacturer liable. 

Evidence to Gather to Prove a Bus Accident Case

Once you determine the cause of your bus accident, you or your personal injury lawyer can start preserving and collecting evidence to support your claim against the correct defendant(s), such as:

• A copy of the police report
• Photographs and videos of the crash scene
• Bus company logs or records
• The bus driver’s medical and driving histories
• Cellphone records (to prove distracted driving)
• Bus maintenance records
• Eyewitness statements
• Your medical records
• Crash and medical expert testimony

An attorney can gather the right evidence and present it in a compelling way to an insurance provider, judge or jury on your behalf. While your lawyer does the heavy lifting, you can focus on healing from your injuries.