Bus Sudden Braking Injury: What CA Passengers Should Do

There are millions of Californians who ride buses every day to get to work, school, or leisure outings. Taking the bus is typically a safe way to travel. Sometimes a bus driver must slam on his brakes and come to a sudden stop. Although normally done to avert a worse collision, these sudden stops can throw passengers around with great force and cause unexpected and sometimes serious injuries. If this happens to you, you will be left wondering about your rights and how to proceed. This article explains key steps to take if you suffer a Bus Sudden Braking Injury in California.

Knowing how the law sees these accidents, particularly the duty of bus operators, is paramount. Passengers are not always aware of the high duty of care they are owed. Let’s discuss common reasons, usual injuries, your rights, and how to safeguard your right to claim compensation.

Why Do Buses Brake Suddenly? Causes & Potential Negligence

A bus may stop suddenly for a number of reasons. Some are not avoidable, while others could indicate negligence:

• Avoiding Hazards: A pedestrian can unexpectedly dash into the street. Trash can unexpectedly appear on the road. Another vehicle can make a crazy move. In these cases, the abrupt braking by the bus driver is an understandable and perhaps necessary response to prevent a more serious accident. In this case, the driver may be doing the right thing.
• Driver Negligence: Unfortunately, at other times, the sudden stop is due to the negligence of the bus driver. Some examples include:
  • Distraction: The driver might be looking at a phone, making adjustments, or otherwise failing to devote complete attention to the road ahead.
  • Speeding: Driving too quickly for traffic conditions or the speed limit reduces reaction time and necessitates more forceful braking.
  • Following Too Closely: Tailgating does not allow the driver sufficient space to brake slowly if traffic ahead slows or stops.
  • Aggressive Driving: Sudden lane changes or cutting in and out of traffic can necessitate sudden stops.
• Poor Bus Maintenance: Faulty brakes or other mechanical issues due to a failure to maintain the buses on the bus company’s part can also necessitate emergency braking or cause a loss of control.
• Other Negligent Drivers: The bus is cut off by another car or another driver makes a reckless maneuver, forcing the bus driver to slam on the brakes. While the other driver is likely to be primarily at fault, the bus driver does have a responsibility to drive defensively.

Determining the cause of the sudden braking is a key first step in identifying potential liability.

Common Types of Bus Sudden Braking Injury

Even when seated, a sharp, abrupt stop can throw you forward, backward, or sideways. Common injuries sustained from a Bus Sudden Braking Injury include:

• Whiplash and Neck Injuries: The abrupt jerking motion can stretch muscles and ligaments in the neck.
• Falls: Passengers, especially those standing or walking, can be thrown to the ground or onto seats, poles, or other passengers. This can lead to:
  • Broken Bones: Wrists, arms, hips, and ankles are vulnerable.
  • Sprains and Strains: Muscles and ligaments in the back, shoulders, and limbs may get injured.
  • Bruises and Lacerations: Hitting hard surfaces can result in severe bruising or lacerations.
• Head Injuries: Striking your head can result in concussions or other traumatic brain injuries. Symptoms may not always be instantaneous.
• Back Injuries: Abrupt jolts may worsen pre-existing back problems or create new injuries such as herniated discs.

It should be noted that even a seemingly “minor” collision can cause real harm, particularly to elderly passengers or those with underlying medical conditions.

Your Rights as a Passenger: The “Common Carrier” Duty in CA

California bus passengers have a special legal protection. Bus drivers and bus companies are “common carriers.” California Civil Code § 2100 imposes on common carriers the obligation to use the “utmost care and diligence” for the safe transportation of their passengers. This is a higher duty of care than the duty owed by ordinary drivers to each other.

What is this “utmost care”? It is that bus operators must do everything reasonably possible to make their passengers safe. This includes:

• Safe driving of the bus (no speeding, no driving while distracted, etc.).
• Keeping the vehicle in a safe condition.
• Having a safe place for passengers to board and alight.
• Keeping passengers safe from assault or harm by other passengers, if it is foreseeable.

If a bus driver or bus company is found not to maintain this high level, and a passenger is injured as a result (even as a result of sudden braking due to driver fault), they can be held legally responsible.

Crucial Steps After a Bus Sudden Braking Injury

Should you get injured in a bus when it stops suddenly, doing what is right immediately can protect both your health and your legal rights to make a Bus Sudden Braking Injury claim:

1. Prioritize Safety & Medical Care

• Your health is most important. If you have been injured:If it is safe and feasible, take notice of your surroundings.
  Report your injury to the bus driver immediately.
  Seek medical attention immediately. Even if you’re okay at first, symptoms of certain major injuries, like whiplash or concussions, don’t show up right away. Being seen by a doctor early on gives you an important record linking your injuries to the accident. Follow all doctor’s orders and attend follow-up appointments.

2. Report the Incident Officially

Ensure the incident is officially reported:

• To the Bus Company/Driver: Make sure the driver is aware you were injured. They should have a procedure for documenting passenger injuries. Get the driver’s name, badge number, bus number, and route information.
• To Authorities (if involved): Police or transit authorities might attend if the sudden braking was due to a collision or very serious incident. Provide them with a factual, clear statement. Obtain a copy of any police report or incident number

3. Document Everything Thoroughly

Good documentation is vital. As soon as you can, write down:

• The date, time, and exact location of the incident.
• What happened just before the sudden stop (e.g., traffic conditions, driver actions).
• How the braking felt and how you were injured.
• Details about the bus (number, route, company).
• Road and weather conditions.
• Take photos of your injuries, the interior of the bus (anything that shows what you might have hit or the general scene), and the bus itself if possible.

4. Gather Witness Information

If other cyclists or people nearby saw the sudden braking or your injury:

• Politely ask for their names and contact information (phone number, email).
• Objective witness statements can be very valuable later.

5. Be Cautious with Insurers

The bus company’s insurance adjuster may call you soon.

• Don’t give a full recorded statement or sign anything (like a medical release or settlement offer) until you‘ve talked with a lawyer.
• Anything you say can be used in an effort to minimize or deny your claim. Keep your initial statements brief and factual.

6. Consult an Attorney Promptly

Navigating a claim, especially against a common carrier or a public entity, can be complex. An experienced personal injury attorney can:

• Explain your rights and legal options.
• Investigate the incident thoroughly.
• Handle communications with the bus company and their insurers.
• Ensure critical deadlines are met.

Filing Your Claim: Public vs. Private Bus Lines

A crucial factor in Bus Sudden Braking Injury cases is whether the bus was operated by a private company or a public transit agency (like a city or county bus system). The rules for filing claims differ significantly:

• Private Bus Companies: For accidents involving privately owned buses (e.g., tour buses, charter buses, some commuter lines), the general California statute of limitations for personal injury claims is two years from the date of the injury to file a lawsuit.
• Public Transit Agencies: If a government entity operates the bus, special rules apply. According to information regarding claims against California government entities, such as that provided by Caltrans for claims against the state (illustrating the process), you typically must file a formal “notice of claim” with the correct public agency within six months of the incident. Failing to meet this short deadline usually means you lose your right to sue for damages.

This six-month deadline for public entities is strict and unforgiving. It’s one of the primary reasons to consult an attorney quickly.

How KAASS LAW Investigates Bus Accident Claims

We at KAASS LAW have ample experience with Personal Injury cases in California, including those injuries occurring on buses due to sudden braking or other forms of negligence. We are knowledgeable about the “common carrier” standard of care a bus operator owes.

Our investigation of a bus injury claim ordinarily involves:

• Securing all official reports (police, transit agency).
• Interviewing witnesses.
• Getting and scrutinizing whatever surveillance video is present on the bus or in the nearby areas.
• Going over the upkeep record of the transport organization and driver’s record, if relevant.
• Referring to accident recreation or therapeutic specialists whenever required.

We understand the special procedures and time deadlines for claims against municipal transit companies and private bus companies. We will work to build a strong case to receive complete compensation for your medical expenses, lost wages, pain and suffering, and other losses. If you or a loved one was injured from a sudden bus stop, Contact Us for a free, confidential consultation.

Conclusion

A Bus Sudden Braking Injury can literally flip your life on its head. You, as a passenger in California, are due a high duty of care from the bus driver. When that duty is breached by the negligence – either on the driver’s part or the company’s part – and you are injured, you deserve to be compensated. Don’t forget to report the incident, document everything, prioritize your medical care, and take note of critical claim deadlines, such as the six-month timeframe for public entities. The best course of action is to consult with a seasoned personal injury lawyer as soon as possible to ensure your rights are safeguarded and you go about the claims process efficiently.