Serious bus accidents, such as the recent one between a charter bus and a FedEx truck, often involve complicated legal issues pertaining to liability and fair compensation.
An 18-year old student, who was studying the violin, was injured when a charter bus he was riding in collided with a FedEx truck, has filed a negligence lawsuit against the mailing giant and the bus owners.
The student was with other students heading towards Humboldt State University for a weekend tour in order to check out the campus for possible college enrollment in the fall.
His lawsuit against FedEx and the charter bus company, Silverado Stages, seeks unspecified damages and compensation for medical treatment. Additionally, the lawsuit accused FedEx of failing to inspect the truck to make sure it was safe to operate and would not create “an unreasonable risk of injury” to others. The complaint alleged the FedEx driver “negligently, recklessly, and/or carelessly drove” the truck.
According to the student, the FedEx truck sped out of control across a highway median and slammed head-on into the charter bus, killing the two drivers and eight others, including five students. It remains unclear why the FedEx driver lost control of his vehicle.
The student said he was forced to kick out a bus window in order to escape the smoke and flames that killed some of the others. The bus driver failed to explain the emergency exit procedures to the passengers. They were not given a safe method of escape in case of an emergency such as the one they had.
The 18-year old student told a news conference that he, “suffered a broken collar bone and second-degree burns, and may never be able to play the violin again because of his multiple injuries”. In addition, he said, “It actually hurts to stand here because of the burn on my leg. My ears are pretty messed up right now. My right ear might actually be infected.”
The student also said that students had difficultly exiting when the fire erupted and people were screaming, “Help me, I don’t want to die.”
This student is not the only one to file a lawsuit against FedEx and the bus company; five others have done so as well. Last month the mother of a student who died filed a wrongful death suit for $100 million.
Neither FedEx nor the bus company has made any comments regarding the accident or the pending cases.
Meantime, the 18-year old violinist is scheduled to have a skin graft. He said his biggest concern is his broken collarbone. “That is what really worries me because I am a violinist. I got it x-rayed as a follow-up, and they said I might never be able to play again.”
Personal injury and wrongful death litigation can be extremely complex because of the multiple victims involved, the evidence could be damaged, commercial vehicles were involved and the accident happened on a publicly maintained road.
The bus company, the FedEx Company and the educational institutions involved may all be held responsible to some extent.
Our prayers are with the grieving families during this difficult time and I would like to wish the injured victims a speedy and complete recovery.
If you or a loved one has been involved in a bus accident or any type of accident, it is important to contact an experienced personal injury attorney to discuss your legal rights and options, plus your next steps.