Legal Question in Personal Injury in California
Accident on Public Transit Bus for the Disabled
My husband is totally confined to a wheelchair. He uses public transportation and his home health care worker goes with him to doctor appointments. He recently used the transportation system and his wheelchair was not secured properly. As a result, his wheelchair tipped over during a turn and he was smashed between the lift and the chair. Paramedics were called and splinted the injured arm. This was his second fall with this transportation company. They are now contacting us and wanting us to complete a taped interview and supply answers to written questions. He was not seriously injured, but is afraid to continue to use the transportation although he has no other options for dr. appts. Should we answer the questions? Do we have grounds for a suit even though he was not injured seriously?
3 Answers from Attorneys
Re: Accident on Public Transit Bus for the Disabled
Do not sign anything without consulting an attorney.Transportation companies that transport disabled persons have an obligation to see that the person is safe and secure while in their vehicle. They could be in violation of the persons with disabilities act. This is especially true since this is the second time this has happened to you while in their vehicle. You have only a limited time in which to present a claim against a public entity or you will not be able to recover for any injuries or damages you sustained.Please call us at 1-800-677-1010 for a free consultation as to your rights regarding this incident.
Re: Accident on Public Transit Bus for the Disabled
A bus company has an obligation to ensure the safety of its passengers. Those with special needs, like your husband, must be accommodated. The bus company will have written policies and procedures for dealing with passengers in wheelchairs. The bus driver owed a duty to assist your husband in boarding the bus and to make sure his wheelchair was secure before moving the bus. There may be a violation of the Americans with Disabilities Act and other laws.
The value of the case depends on the nature of the injury. The fact that this type of incident happened in the past may make the case worth pursuing.
Please note that special rules apply to suing a public entity. Your husband has to make a formal claim within certain time limits or his rights will be barred. Your husband should consult a lawyer before answering any questions. Please contact me if you have any questions or need any help with this case.
Re: Accident on Public Transit Bus for the Disabled
Dont answer ANYTHING without consulting a lawyer.
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