Jose Hernandez Bus Accident: Jose S Hernandez of Lynwood Killed In Los Angeles MTA Bus Accident Near Taco Stand On Alameda and 132nd Street In Willowbrook
LOS ANGELES, CALIFORNIA (September 3, 2019) – A 32-year-old man identified as Jose Hernandez has tragically died after being hit by a Ford E-150 van which was struck by an MTA bus on Alameda Street.
Jose Hernandez was one of a number of pedestrians standing by a Taco stand in Willowbrook. Around 2:10 a.m. the driver of the MTA bus drifted out of his lane and collided with four parked vehicles.
The force of the bus accident pushed the Ford E-150 van into the taco stand which caused it to strike several pedestrians. A 24-year-old man and Jose Hernandez were both seriously injured.
In all ten people were injured in the Los Angeles MTA bus accident. One witness who was on the sidewalk near the taco stand told reporters that she was nearly run over.
Paramedics were called to the scene in order to help the victims. Jose Hernandez was transported to the Lynwood based St. Francis Medical Center.
Despite-life saving measures Jose Hernandez later died due to his injuries. The MTA bus driver involved in the accident remained at the scene and cooperated with police.
Bus Accident Statistics
The number of bus accidents resulting in injury or death has been slowly rising over the last several years. According to the Federal Motor Carrier Safety Administration (FMCSA), “The number of injury crashes involving large trucks or buses decreased steadily from 102,000 in 2002 to 60,000 in 2009 (a decline of 41 percent). From 2009 to 2015, injury crashes increased 62 percent to 97,000 (based on GES data). From 2016 to 2017, according to NHTSA’s CRSS data, large truck and bus injury crashes increased 4 percent (from 112,000 in 2016 to 116,000 in 2017).”
There are a number of safety measures that can be taken in order to prevent bus accidents. Drivers should receive adequate training. Driving a bus requires a commercial license. Buses should be regularly maintained. A number of crashes take place when the brakes or tires on the bus fail. Bus drivers need to get adequate rest and take periodic brakes. Driving fatigued can be just as dangerous as drunk driving. Depending on the facts of any particular case there may be numerous sources of liability for a bus accident.
Liability In MTA Bus Accidents
Bus drivers have a great responsibility to drive safely. This is recognized under the law given their status as “common carriers.” If a bus driver leaves their lane on the road this could be indicative of a number of possible factors:
- Driver Fatigue: According to the NHTSA, “drowsy driving crashes occur most frequently between midnight and 6 a.m., or in the late afternoon. At both times of the day, people experience dips in their circadian rhythm—the human body’s internal clock that regulates sleep.” Bus drivers get tired like everyone else and when an accident takes place within this time window fatigue is something that should be investigated.
- Alcohol / Drug use: Bus drivers are held to a much higher standard when it comes to what is considered “legally intoxicated.” A commercial driver is considered legally intoxicated when they have a BAC of 0.04 or higher – compared to 0.08 for non-commercial drivers. But alcohol isn’t the only problem. A number of crashes occur because bus drivers take prescription medications that may make them sleepy.
- Driver Distraction: In 2014, a bus driver caused a chain-reaction crash because he was distracted from eating a burrito. GPS, cellphones and even other passengers on the bus could be potential sources of distraction for a bus driver.
- Mechanical Issues: Liability for many accidents may extend beyond the driver. If a piece of equipment on the bus failed and contributed to an accident the company supposed to be maintaining the bus could be held at fault. For example, a number of buses swerve erratically due to tire blowouts.
When a bus driver is negligent and causes an accident the company or city that they work for may face liability as well. Generally speaking, employers are responsible for the negligent conduct of their employees – insofar as those employees were working within the course and scope of their job duties. It’s important that evidence is preserved and that eye witness testimony is collected after an accident.
The family members of any victim that died in a bus accident may be able to seek justice through California Code of Civil Procedure 377.60. Damages in a civil matter can help cover lost wages, funeral expenses and pain and suffering. Potential claimants in a civil matter may include a victim’s parents, siblings, spouse or children. Bus companies will often fight hard to deny any responsibility after an accident. A bus accident attorney can examine all of the facts of your case and let you know what your legal rights are.
Investigating An MTA Bus Accident
We at West Coast trial Lawyers extend our deepest condolences to the family of Jose Hernandez as they are going through such a difficult time. Any witnesses that may have scene this accident should reach out to the LAPD. Buses don’t just swerve out of the road by themselves. What was this bus driver doing? Were there issues with the road. There needs to be a full investigation for the sake of all of those that have been affected.
Have you or someone that you care about been involved in a bus accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any questions that you may have about the law. We are committed to making sure that accident victims are aware of their rights and that they are being treated fairly. Whether you need a free, independent investigation into an accident or just have questions we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285. Se Habla Español.