California Bus Accident Laws

Buses are a convenient way to get around California. Every year, buses transport thousands of California residents, commuters going to work and school children. Unfortunately, not all buses reach their destinations safely.

California has special state laws in place regarding the maintenance, upkeep, safety and operation of passenger-carrying buses. Any violations of these rules can increase the odds of a injuries in a Los Angeles bus accident or even fatal accidents.

Bus Driver Standards of Care

Bus drivers are held to higher standards of care compared to normal motor vehicle drivers in California (California Civil Code § 2100). Buses are classified as “passenger carriers,” which come with special rules and requirements. They are also classified as commercial vehicles due to their size and weight. For these reasons, bus drivers must use the utmost care and diligence to ensure safe vehicle operation. 

State and Federal Bus Regulations

Both the State of California and the Federal Motor Carrier Safety Administration (FMCSA) have rules in place for passenger carriers. All buses that operate in California must comply with these laws, which include:

• Special training and licensing. Bus drivers must receive special training and pass knowledge and driving tests to obtain commercial driver’s licenses (CDLs) before they can operate buses in California.

• Bus driver hour restrictions. California Vehicle Code § 21702 limits the number of hours that a bus driver can operate a bus without a break. When transporting passengers, a bus driver cannot exceed 10 consecutive driving hours or 10 cumulative hours in a 15-hour period.

• Speed limits. Under California Vehicle Code § 22406, a school bus may not exceed a speed of 55 miles per hour on any highway.

If there is evidence that a bus driver or bus company violated a safety standard, this could serve as proof of negligence per se. This means the party could be found liable (financially responsible) for a related bus accident without requiring further evidence of negligence.

California’s Liability Laws for Bus Accidents

California is a fault-based insurance state, where the person or party at fault for causing a traffic accident can be held liable for victims’ related losses, such as medical bills and property repairs. When a bus accident occurs, the party that was negligent or failed to use proper care to prevent the crash can be held accountable. 

This could be one of the following parties:

• The bus driver
• A bus company
• The vehicle owner
• A school
• The government
• A bus part manufacturer
• A maintenance team

Proving fault in an injury claim after a Los Angeles bus accident requires evidence. The burden of proof that must be met is a “preponderance of the evidence,” meaning a claim is more likely to be true than not true. The injured victim must present enough evidence against the at-fault party to meet this evidentiary standard to collect financial compensation.

California’s Statutes of Limitations

In California, a law known as the statute of limitations imposes a strict deadline on the right to file a personal injury claim. In general, action must be taken within two years of the date of the bus accident, under California Code of Civil Procedure 335.1. If the case is against a government entity, however, the deadline is shortened to six months under the California Tort Claims Act.If you believe you have grounds to file a bus accident claim against one or more parties in Los Angeles, request a free case evaluation at Rose, Klein & Marias, LLP without delay.