Kenneth Bishop Brisbane: 51-Year-Old Kenneth Dwayne Bishop Tragically Died In Brisbane Tour Bus Accident ON U.S. Highway 101
BRISBANE, CALIFORNIA (April 9, 2019) – A 51-year-old man identified as Kenneth Dwayne Bishop has tragically died in a tour bus accident on the U.S. Highway 101.
California Highway Patrol are saying that the accident took place around 12:45 a.m. on Saturday not far from Sierra Point Parkway. The tour bus was carrying a choir group known as the Aeolians of Oakwood University.
Authorities are saying that the crash first took place with a Ford SUV that sustained a blown tire. A Toyota, Volkswagen and the tour bus were involved before the collision with the Lincoln Navigator carrying Kenneth Dwayne Bishop.
Several passengers on the tour bus operated by Peninsula Tours were injured. All of the students were eventually able to evacuate the tour bus before it was consumed by fire. Firefighters and paramedics rushed to the scene of the accident in order to help Kenneth Dwayne Bishop.
Despite life-saving efforts the victim was later pronounced dead due to his injuries. There is an ongoing investigation into the cause of the Brisbane tour bus accident that killed Kenneth Dwayne Bishop.
Liability In Tour Bus Accidents
Tour bus companies are considered “common carriers” under the law. According to Acosta v. Southern California Rapid Transit Dist, “Common carriers bind themselves to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers. Such carriers are responsible for any,even the slightest, negligence and are required to do all that human care,vigilance, and foresight reasonably can do under all the circumstances.” There are a number of factors causally linked with bus accidents including:
- Unfamiliarity with roadway
- Roadway problems
- Required to stop before crash (traffic control device, crosswalk)
- Over-the-counter drug use
- Inadequate surveillance
But bus driver negligence is not the only cause of bus accidents. A high proportion of accidents involve multiple vehicles. One or potentially more vehicles could be partially at fault. Liability for California vehicle accidents is judged according to comparative negligence. Another potential source of liability for car accidents aside from drivers is tire manufacturers. A tire blowout at freeway speeds can lead to devastating injuries and even death. In many situations, blowouts may occur due to design defects or poor manufacturing of the tire itself. There are three broad categories of defects that can occur with a tire:
- Design: “Design defects are inherent, as they exist before the product is manufactured.While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw.”
- Manufacturing: “Manufacturing defects occur during the construction or production of the item.”
- Marketing: “Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.”
Under California law, the family of any person that died in an accident may have legal recourse through California Code of Civil Procedure 377.60. Damages in a civil claim can include compensation for lost wages, medical bills, funeral expenses and pain and suffering. A bus accident attorney can examine all of the facts of your case and let you know what your options are. There are statute of limitations associated with being able to pursue a claim. Failing to act within the statute of limitations may result in a permanent forfeiture of rights.
Investigating A Bus Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Kenneth Dwayne Bishop and all of those affected by this Bay Area bus accident. It is our sincere hope that anyone who may have witnessed the accident will come forward and speak with the CHP as they continue their investigation. There needs to be safety measures put in place to prevent similar accidents in the future.
Have you or someone that you love 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 your rights. We are committed to making sure that accident victims are aware of their rights and that those rights are being protected. Whether you just have questions about your rights or need more information related to a specific accident we are here for you. You can reach out to us anytime at (888) 888-9285.