Mamlekat Joseph Long Beach: Mamlekat Joseph Killed In Long Beach School Bus Accident By Third Street and Magnolia Avenue
LONG BEACH, CALIFORNIA (February 12 2020) – A 71-year-old woman identified as Mamlekat Joseph has tragically died in a chartered school bus accident near the intersection of Third Street and Magnolia Avenue.
Long Beach police officials are saying that the collision occurred around 11:16 p.m. near the Long Beach Courthouse. Mamlekat Joseph was attempting to cross Third Street along the west side of Magnolia Avenue.
The victim waited until the WALK signal appeared and began crossing in a marked crosswalk. For reasons that remain under investigation she was struck by a 2002 Bluebird school bus that was turning left onto Third Street.
The 25-year-old school bus driver remained at the scene and cooperated with police. Paramedics were called to the scene of the collision in order to help Mamlekat Joseph. She was found pinned underneath the school bus.
Despite life-saving measures she later died due to her injuries. An investigation into the fatal collision remains ongoing at this time.
Liability In Long Beach School Bus Accidents
Pedestrians are at an increased risk of serious injury in motor vehicle accidents. According to the Centers For Disease Control and Prevention, “almost 129,000 pedestrians were treated in emergency departments for non-fatal crash-related injuries in 2015. Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.” Elderly pedestrians and children were more likely to be involved in car accidents. There are a number of factors commonly associated with bus accidents including:
- Prescription drug use
- Driver distraction
- Unfamiliarity with roadway
- Dangerous left turns
Buses tend to have very large blind spots. They are large enough to make a full sized SUV disappear. Bus drivers are trained to check their blind spots and mirrors before proceeding through intersections. But this does not always happen. It’s easy for a bus driver to get distracted during left turns as they are watching out for oncoming vehicles.
Bus drivers that make dangerous left turns and hit pedestrians may face civil liability. According to California Civil Code 21801, “The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement.” Bus drivers are held to a very high standard in terms of safety.
Bus companies are considered “common carriers” under the law and must take every measure to avoid causing accidents. According to Judicial Council of California Civil Jury Instructions, “Common carriers must carry passengers [or property] safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers[or property].” Operating a commercial bus isn’t easy. Bus drivers must:
- Get a commercial license
- Go through extensive training
- Pass a knowledge and skills test
- Take periodic medical exams
Bus drivers that fail to exercise due care and hit pedestrians will typically be held at fault in the event of an accident. Moreover, the company that employed them will also face civil liability. Generally speaking, companies are responsible for the negligent actions of their employees – insofar as those employees were working within the course and scope of their job duties. It’s important that evidence is properly preserved after an accident. Most commercial buses have event data recorders. These along with surveillance footage can help determine what a bus driver was doing prior to an accident.
The family of any victim that died in a bus accident may be able to seek justice through California Civil Code 377.60. Damages in a wrongful death claim can help cover lost wages, medical bills, funeral expenses and loss of love. Potential beneficiaries in a civil claim may include the victim’s spouse, children, siblings or parents. Bus companies will tend to fight very hard to deny liability for an accident or downplay the importance of a family’s loss. A bus accident attorney can examine all of the facts of your case free of cost and let you know what all of your legal options are. There are, however, very strict statute of limitations associated with civil claims. Failing to act within the statute of limitations may result in a permanent forfeiture of your rights.
Investigating A Long Beach School Bus Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Mamlekat Joseph. Any person that may have seen what happened should reach out to the Long Beach Police Department. There needs to be a thorough investigation into what happened for the sake of the victim’s family and all who have lost so much. It is our sincere hope that city officials will take measures to help make this stretch of road safer.
Do you need more information about an accident that took place in California? Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to making sure that victims get the information and resources that they need to make informed decisions. Whether you just have questions about the law or need more information about an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285.