Legal Question in Personal Injury in California
On august 31 2009 I fell backward on the bus of a public transportation vehicle and I had a heavy bruised left buttocks and a strained right knee and hip as well as breaking my cell phone that was in my left rear pocket. I went to a doctor and he examined my left rear and recommended some exercises and some pain killers (melexicom) for the pain. I contacted the company and they notlified me that since I was standing up when the vehicle was moving that their position was that I did not have a claim. When the driver was beginning to pull away as I was attempting to walk toward the front of the vehicle and as I was yelling to stop the driver hit the driver hit brake and I lost my balance and fell straight on my back because I had a cane in my left hand and some groceries in my right. I had already rang the buzzer to get off and someone three seats ahead of me had already gotten off quickly as I had waited for the bus to stop before I got up to get off but the driver failed to see me after the first passenger had departed the bus. Do I have a legitimate case and what is the best way for me to pursuit. I notify an attorney and he expressed disinterest in the by his reasoning there would be enough revenue. thank you
1 Answer from Attorneys
It's normal to stand in a moving bus. You have to prove that the driver was somehow negligent in order to be successful in a lawsuit against the bus company.
You stated in your question that you�re the person who yelled at the driver to stop. If I understood your question correctly, you are oddly the one who may have caused your own fall.
If a bus passenger yells, "STOP" at the bus driver while the bus is in motion, it would be reasonable to believe that the driver may panic in response to his yelling passenger�s demand, which would most likely cause him to slam on his brakes. This raises the question, why should the driver, or the bus company be liable for your claim?
Without any serious injury, and sketchy liability, I think that most attorneys would be a little gun shy about taking your case. This is my opinion, other attorneys may differ.
Finally, if the bus company was a public entity, you have to file a claim with the government within 6 months of the day of loss in order to preserve your right to sue.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
