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Why are damage awards so high for bus accidents in Pittsburgh Pennsylvania?

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Pennsylvania – March 30, 2021

According to National Highway Safety Administration Fatality Analysis Reporting Systems (FARS), the number of buses involved in fatal crashes decreased by 1% from 234 to 232 in 2017.  A high priced federal lawsuit alleging negligence after a fatal bus crash injured more than 59 people, causing the death of five individuals in Westmoreland County has been filed.  A woman and her daughter who were severely injured are seeking $10 million dollars for the daughter and $5 million dollars for the mother for negligence, negligent hiring, and negligent supervision.  While this is one example of a high price tag for personal injury damages associated with a bus accident, it is not uncommon for increased damage compensation requests, because bus accidents result in catastrophic injury requiring lifelong medical and behavioral care for multiple parties.  After a bus accident causes fatal injury, and catastrophic traumatic brain injury, or other lifelong negative health conditions, attorneys in Pennsylvania can fight for victim’s and families’ rights to comprehensive compensation under Pennsylvania State Laws.

Request for increased damage awards.

The size of a bus and the possible number of passengers impacted increases the possibility of catastrophic costly outcomes when a bus is involved in an accident.  If an individual is hurt, or a loved one has been harmed because of a bus accident, an experienced accident attorney can build a winning case for damage compensation utilizing inter and intrastate travel laws and by researching relevant driver proficiency screenings, travel logs and company maintenance reporting to prove negligence.  Common carriers are also impacted by their owed higher duty of care to ensure the safety of passengers, and the public they serve.  When bus drivers, or companies do not observe the higher duty, it can be considered an act of negligence when injury, or property damage occurs.  A bus accident attorney will have to prove negligent actions by the bus driver, bus company, bus maintenance company, insurer, or licensing agency to support high damage awards.

Insurance recovery.

The “modified comparative negligence” rule that Pennsylvania utilizes in accident cases allows  an individual to recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault, and victims can only seek damages from if they are less than 51 percent at fault.  A bus accident lawyer will guide accident victims actions utilizing support laws based on each individual case fact pattern.

Traumatic brain injury.

In this case where residual personal injury includes traumatic brain injury (TBI) the requested awards will cover expenses related to both short and long term care, and any TBI-related disabilities that negatively impact individual future financial security, and costs related to medical treatment and home remodeling to address physical impairments.  Experienced injury attorneys will work with medical professionals, and other experts to determine damage valuations when traumatic brain injury occurs.

Talk to a lawyer.

Legal professionals at Scanlon & Wojton Law Firm are instrumental in damage recovery after a bus accident results in traumatic brain injury and catastrophic loss.  Bus accident victims should consult with a lawyer  shortly after an accident to give legal counsel ample opportunity to fully research the case and guide actions for victim’s financial recovery.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building
304 Ross Street, Suite 510
Pittsburgh, Pennsylvania 15219

Phone:  (412) 918-1241

Fax: (412) 235-7275

Sources:

https://triblive.com/local/westmoreland/mother-and-daughter-injured-in-i-70-bus-crash-last-year-file-suit/

https://www.fmcsa.dot.gov/regulations/title49/part/383https://www.fmcsa.dot.gov/regulations/understanding-passenger-carrier-regulations

https://www.dot.state.pa.us/Public/DVSPubsForms/BMV/BMV%20Forms/AA-600.pdf

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.037.042.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM

https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.085.053.000..HTM

 

A pedestrian was hit by a car near the San Diego Zoo, who will pay for head trauma injuries?

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California – March 29, 2021

Brain injury after car accident.

Automobile accidents are responsible for at least half of reported traumatic brain injuries (TBI), and the Centers for Disease Control (CDC) reports that motor vehicle crashes are the leading cause of TBI, resulting in hospitalization.  Northbound Park Boulevard near the San Diego Zoo was the scene of an accident where a pedestrian was struck by a motor vehicle making a turn onto the roadway, according to San Diego police.  The pedestrian, thought to be in his early 20s, was pushed into the vehicle’s hood  and his head hit the front windshield of the car upon impact.  He was transported to a local hospital for treatment of his injuries, which seemed to be minor at first glance.  The driver of the vehicle that hit him remained at the scene and cooperated with law enforcement.  A car accident attorney can answer questions regarding options for compensation of injuries and related expenses.

Damages award.

Blunt trauma is a serious type of head injury that can occur in an automobile accident when a moving head strikes a stationary object like the windshield.  It is important for accident victims to receive proper diagnostic screening even when injuries seem minor because TBI, referred to as an invisible epidemic, may have caused more damage than is visible. Head injuries can have short and long term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families.  If the personal injury litigation attorney is successful, a claim award will address the losses that include expenses for  medical treatment, future medical expenses, changes in life expenses, lost and future wages, and compensation for any future loss of companionship, comfort, and affection.

Car Insurance and liability.

California law requires that drivers have a way to cover costs related to damages, or injuries they have caused in a car accident. Purchasing liability car insurance is the simplest and most common way people choose to meet this requirement.  Under California law, “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…” meaning that if an individual is responsible for any part of activities that led to injury, compensation will be adjusted to a percentage of fault assigned to accident victims.  A personal injury attorney can advise in this type of accident case.

Hire an attorney.

Seek legal counsel immediately after a car crash involving pedestrian injury.  An experienced attorney who is familiar with California accident laws can be reached at the Law Offices of Jeffrey E. Estes & Associates, and will take action to build a winning personal injury case against the negligent driver.

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://www.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html

https://www.sandiegouniontribune.com/news/public-safety/story/2021-03-29/pedestrian-hit-by-car-near-san-diego-zoo

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001

https://statelaws.findlaw.com/california-law/california-negligence-laws.html