How to Claim After a Bus Accident in Fresno?

To claim compensation after a bus accident in Fresno, you must file a formal claim with the responsible party’s insurance company or, if a government entity is involved, submit a government tort claim within six months of the accident. 

Your claim must prove that negligence caused your injuries, whether from the bus driver, maintenance company, or another party. The process involves gathering evidence, documenting your injuries and losses, and navigating different legal requirements depending on whether the bus was privately or publicly operated.

Bus accidents present unique legal challenges because they often involve government entities, such as Fresno Area Express (FAX) or school districts, which have special rules and shorter deadlines compared to commercial vehicle accident cases involving private companies. 

You need to identify all potentially liable parties, preserve critical evidence such as video footage that can be erased quickly, and understand the specific procedures for filing claims against different types of defendants. 

The compensation process also differs significantly from typical car accident claims because buses are classified as “common carriers” under California law.

This guide explains the step-by-step process for filing a successful bus accident claim in Fresno, including the critical deadlines you must meet, the evidence you need to preserve, and how Kuzyk Personal Injury & Car Accident Lawyers can help you navigate this complex legal process.

Do You Have a Bus Accident Claim in Fresno?

You have a valid bus accident claim if someone’s negligence caused your injuries while you were on or around a bus. Negligence means failing to act with reasonable care. This could be a bus driver running a red light, a maintenance company skipping brake repairs, or another driver crashing into your bus.

Bus companies are common carriers under California law. This means they must provide the highest level of care to their passengers. They have stricter safety rules than regular drivers, making it easier to prove they were negligent.

California uses pure comparative negligence rules. This means you can still get money even if you were partly at fault. However, bus passengers are rarely blamed for accidents since they have no control over the vehicle.

The most common liable parties include:

Bus drivers: Who make unsafe turns, speed, or drive while distracted

Bus companies: That fail to maintain vehicles or hire unqualified drivers

Government entities: Like the City of Fresno that operate public transit

Other drivers: Who cause crashes involving buses

Maintenance companies: That do poor repair work on critical systems

Who Do You File Against After a Fresno Bus Crash?

Identifying the proper defendant is crucial because different entities have different insurance policies and legal protections. You might need to file claims against multiple parties to get full compensation.

If you were on a Fresno Area Express (FAX) bus, you’re dealing with a government entity. The City of Fresno operates FAX, so your claim goes against the city. School bus accidents often involve specific school districts, such as Fresno Unified or Central Unified.

Private bus companies include charter services, tour operators, and shuttle companies. These cases follow different rules the the government claims. You may also need to sue the driver of another vehicle if they were responsible for causing the crash.

Third parties can include maintenance contractors who service buses. If faulty brake work caused your accident, the repair shop could be liable. Property owners might be responsible if poor road conditions contributed to the crash.

What Steps Should You Take to File a Bus Accident Claim?

Your actions immediately after the accident can significantly impact your claim. Evidence disappears quickly, and some deadlines are very short.

Get Medical Care and Report the Incident

See a doctor immediately, even if you feel fine. Many bus accident injuries don’t show symptoms right away, especially catastrophic injury cases. Tell the medical staff exactly how the accident happened so they can document the connection between the crash and your injuries.

Ensure to report the incident to for the police to file an official report. Obtain the report number before leaving. If you’re on a public bus, the driver should also complete an incident report.

Document the Scene, Injuries, and Witnesses

Take photos of everything you can see. Your phone camera is your best tool for preserving evidence that might disappear within hours.

Key photos to take:

• The bus number and company name
• Damage to all vehicles involved
• Your visible injuries, like cuts or bruises
• The exact location where the accident happened
• Contact information for other passengers and witnesses

If you’re too injured to take photos, ask someone else to do it for you. Get the names and phone numbers of everyone who saw what happened.

Send Evidence Preservation Requests for Bus Video

Most buses have multiple cameras that record everything. These videos are crucial evidence, but they are automatically erased after a few days or weeks.

You need to send a “spoliation letter” immediately. This is a legal notice that requires the bus company to retain all evidence. If they destroy evidence after getting this letter, it can help your case even if you never see the video.

Don’t try to write this letter yourself. The wording needs to be legally precise to be effective.

Start Insurance and Government Claim Notices

Contact the bus company’s insurance as soon as possible. However, don’t give them a recorded statement or accept any settlement offers without talking to a lawyer first.

If a government entity is involved, you have special requirements. Government claims have much shorter deadlines and specific forms you must use. Missing these deadlines can significantly damage your case.

Track Bills, Wage Loss, and Out-of-Pocket Expenses

Keep detailed records of every cost related to your accident. This includes obvious expenses like medical bills and prescriptions. It also includes things like gas money for medical appointments and the cost of hiring help for household tasks you can’t do.

Save all your pay stubs to prove lost wages. If you’re self-employed, gather your tax returns and bank statements to document your lost income.

What Deadlines Apply to Fresno Public-Entity Bus Claims?

Government entities have special legal protections that include very short deadlines for filing claims. Missing these deadlines by even one day can result in the end of your case..

Six-Month Government Claim Deadline

You have exactly six months from the date of your injury to file a formal claim against any government entity. This applies to FAX buses, school district buses, and any other publicly operated vehicles.

The claim must be filed with the specific government agency, not just any government office. For FAX accidents, you file with the City of Fresno. For school bus accidents, you file with the specific school district involved.

This six-month deadline is much shorter than the two-year deadline for suing private companies. The brief timeline exists because government entities get special legal protections.

Denial Letter and Lawsuit Filing Windows

After you file your government claim, the entity has 45 days to respond. They can accept your claim, reject it, or ignore it completely. If you do not receive a response within the allotted time, you should assume your claim has not been approved and may proceed to the next steps in the legal process.

Once your claim is rejected, you have only six months to file a lawsuit in court. The time you have to file a lawsuit begins either when you receive a rejection letter or after the government’s response period ends, if they do not reply to your claim.

Two-Year Statute for Non-Government Defendants

Private bus companies, other drivers, and maintenance contractors are subject to the standard personal injury statute of limitations. You have two years from the accident date to file a lawsuit against these parties.

This longer timeline gives you more flexibility, but you shouldn’t wait. Evidence still disappears, and witnesses forget details over time.

How Do Fresno Bus Crash Investigations Prove Fault?

Bus accident investigations are more complex than regular car crashes because buses are subject to special equipment and regulations. Professional investigators know what evidence to look for and how to get it before it’s destroyed.

FAX or City Bus DVR and Incident Reports

Public buses typically have multiple digital video recorders that capture different angles. These might show the driver’s actions, what passengers were doing, and views of the road around the bus.

Bus drivers must also complete incident reports after any accident. These reports often contain admissions about what went wrong. The driver might write that they were distracted or didn’t see a stop sign.

Getting this evidence requires knowing exactly who to contact and what legal language to use. Bus companies often try to avoid releasing videos that portray them in a negative light.

Driver Logs, Maintenance, and Inspection Records

Commercial bus drivers must follow strict rules about how many hours they can work. Their logbooks might show they were driving when they should have been resting.

Maintenance records can reveal dangerous cost-cutting measures:

• Deferred repairs: Critical systems like brakes left broken to save money
• Failed inspections: Buses kept in service despite safety violations
• Pattern problems: The same mechanical issue causing multiple incidents

The bus company usually keeps these records and aren’t public. You need legal authority to force them to turn over this evidence.

Third-Party Video, EDR, and Accident Reconstruction

Modern buses have “black boxes” called Event Data Recorders that capture speed, braking, and steering data. This information can prove exactly what the driver did in the seconds before the crash.

Traffic cameras at major Fresno intersections sometimes capture accidents. Nearby businesses might have security cameras that recorded the crash. You need to request this footage quickly before it gets erased.

Accident reconstruction experts can use all this evidence to create a detailed analysis of how the crash happened. They can prove things like whether the bus was speeding or if the driver tried to brake.

What Compensation Can You Recover After a Fresno Bus Crash?

California law allows you to recover money for every way the accident has affected your life. This includes both financial losses and personal suffering that can’t be measured in dollars.

Medical Costs and Future Care

Your settlement should cover all medical treatment related to your injuries. This starts with the ambulance ride and emergency room visit, but includes much more.

Ongoing medical costs include:

• Specialist appointments: With orthopedic surgeons, neurologists, or pain management doctors
• Physical therapy: To help you regain strength and mobility
• Medical equipment: Like wheelchairs, braces, or home hospital beds
• Future surgeries: That doctors expect you’ll need as you age

Medical experts can estimate your lifetime medical costs based on your specific injuries. This ensures your settlement covers care you’ll need years from now.

Wage Loss and Diminished Earning Capacity

You can recover money for the time you’ve already missed from work, plus future income you’ll lose. This is more complicated than just adding up missed paychecks.

If your personal injury prevents you from doing your old job, you might need retraining for different work. The settlement should cover this career change and any reduction in your earning power.

Self-employed individuals face unique challenges in proving lost income. Tax returns, client contracts, and bank statements help document what your business was earning before the accident.

Pain, Suffering, and Quality-of-Life Loss

These “non-economic damages” compensate you for the human cost of your injuries. They include physical pain from conditions like back injury, emotional distress, and loss of life enjoyment.

California doesn’t cap these damages in most personal injury cases. The amount depends on factors like:

• Severity of injuries: Permanent disabilities typically receive higher awards
• Impact on daily life: Inability to play with your children or enjoy hobbies
• Emotional trauma: PTSD, depression, or anxiety caused by the accident

Keeping a daily journal of your pain and limitations helps document these damages.

Property Damage and Wrongful Death

If your personal belongings were damaged in the crash, you can claim the repair or replacement cost. This might include phones, laptops, clothing, or eyeglasses.

When someone dies in a bus accident, their family can file a wrongful death claim. This seeks compensation for lost financial support, funeral costs, and the family’s emotional loss.

How Kuzyk Law Helps You File and Win Your Fresno Bus Claim

Bus accident claims involve complex regulations, short deadlines, and powerful insurance companies that fight hard to pay as little as possible. You need experienced legal help to navigate this process successfully.

We handle every aspect of your claim so you can focus on getting better. Our team is familiar with the tactics that government entities and insurance companies employ to deny legitimate claims.

Our comprehensive approach includes:

Immediate evidence preservation: 

We send legal notices the same day you call to protect crucial evidence

Government claim expertise: 

We know the specific forms and procedures required for claims against public entities

Thorough investigations: 

We work with accident reconstruction experts and medical professionals to build strong cases

Aggressive negotiation: 

We fight to get you full compensation, not just quick settlement offers

We’ve been serving the Fresno community for decades and have a deep understanding of local courts, judges, and opposing lawyers. This experience gives our clients significant advantages in negotiations and trials. You can learn more about our commitment to justice on our company profile.

You don’t pay us anything unless we win your case. This contingency fee arrangement means you get experienced legal representation without upfront costs.

Take the first step toward justice. Call us now for a free, no-obligation consultation at (661) 583-0388 or visit our contact page to get started.

Bus Accident Claim in Fresno FAQs

How Do I Get Video Footage From a FAX Bus After an Accident?

You must send a formal evidence preservation letter to the Fresno Area Express legal department immediately after your accident. This letter legally requires them to save all video footage and other evidence. Without this formal notice, they may automatically delete the footage within days or weeks.

What Happens If the Bus Company Offers Me Money Right After the Accident?

Never accept any settlement offer or sign any documents from a bus company or their insurance without consulting an attorney first, as experienced car accident lawyers know these early offers are typically far below fair value. These early offers are typically far below what your case is actually worth, and accepting them usually prevents you from seeking additional compensation later when the full extent of your injuries becomes clear.

Can I Still File a Claim If I Was Partially at Fault for the Bus Accident?

Yes, California’s comparative negligence law allows you to recover compensation even if you were partially responsible for the accident. Your compensation will be reduced by your percentage of fault, but you won’t be completely barred from recovery. However, passengers are rarely found at fault in bus accidents since they have no control over the vehicle’s operation.

Will My Bus Accident Settlement Be Subject to Income Tax?

Compensation for physical injuries and medical expenses is generally not taxable under federal law. However, any portion of your settlement that represents lost wages or punitive damages may be subject to income tax. You should consult with a tax professional about the specific tax implications of your settlement.

Contact Our Fresno Bus Accident Lawyers Today — Free Consultation!

Bus accidents can cause serious injuries that affect every aspect of your life. The legal process is complex, with tight deadlines and formidable opponents who aim to pay you as little as possible.

Don’t try to handle this on your own. Our experienced Fresno bus accident attorneys know how to investigate these complex cases and fight for the full compensation you deserve.

We’ve helped thousands of injury victims throughout Central California recover millions of dollars in settlements and verdicts. Our team understands the unique challenges of bus accident claims and possesses the resources to handle claims effectively against government entities and large insurance companies.

Call us today for a free consultation. We’ll review your case, explain your legal options, and help you understand what your claim might be worth. You don’t pay us anything unless we win your case, so you have nothing to lose by calling.

Time is critical in bus accident cases. Evidence disappears quickly, and some deadlines are very short. The sooner you call, the better we can protect your rights and build a strong case for maximum compensation.