badge
badge
badge
badge
badge
badge
badge

Oceanside Woman Causes School Bus Accident

June 28, 2010

SAN DIEGO UNION TRIBUNE STAFF WRITERS Karen Kucher and Erin Noonan reported that several high school students and their bus driver were injured on June 9, 2010. The accident occurred at around 11:20 a.m. on North El Camino Real at or near North Douglas Drive in Oceanside, when their bus lost control and rolled after being hit by a car.

According to Oceanside police Sgt. Jeff Brandt, 81-year-old Betty Hoke who was driving a white Toyota pulled onto El Camino Real from the Laguna Vista mobile home park and merged into the bus’ left rear wheel. “It looks like that person merged right under the bus, which sent the bus out of control,” Brandt said. “A set of wheels went right over the top of the car. You can see the tire tread marks up over the hood of the car.” School officials said the high school students on the bus were part of an cross-age tutoring program to help elementary students with math and reading.

Applicable California Law

Hoke will be liable for the property damage to the bus as well as the personal injuries to the bus driver and students for her violation of California Vehicle Code 21804(a), which requires a driver entering a highway to yield the right of way to any vehicle that is close enough to constitute an immediate hazard. Due to the number of people injured, of particular concern is whether she has sufficient insurance liability limits to adequately compensate all of them. California’s minimum bodily injury limits of 15/30 provides a maximum of 15,000 to any one claimant, and a total of 30,000 for all claimants in any given accident. Thus, depending on the nature and extent of the injuries, and the number of claimants, Hoke’s insurance might not be enough to adequately compensate the injured. If the injured have their own Uninsured/Underinsured (UM/UIM) coverage with limits greater than the party at fault, their own insurance can be used to bridge the gap even when they are not driving, or riding in their or their family’s vehicle. In addition to any liability claims, the bus driver will also have the added protection of workers compensation benefits since he was injured while in the course and scope of his employment.

There are far too many cases when attorneys can not help injury victims because there is either no insurance, or inadequate insurance coverage. Frequently the cases involving the most serious and compelling injuries, pose the greatest challenge. According to a study by the Insurance Information Institute (iii), approximately one in eight drivers (13%) in the United States are uninsured. Therefore, UM/UIM coverage is for the direct benefit of you and your family, so purchasing the highest limits you can afford is not a luxury but a necessity. Car accidents, bus accidents, truck accidents involving large vehicles tend to have a high likelihood of causing serious injuries. Having adequate insurance coverage, and consulting with an experienced personal injury attorney when you or someone you know has been seriously injured is a necessity.

Client Reviews
★★★★★
“Zev helped me in an injury case after my first auto collision. Zev was such a great help and made everything easy and low maintenance. He works around your schedule and goes out his way to meet you. He communicated with me regularly and consistently kept me informed on the case. He made sure I was taken care of and I am happy with the outcome of the settlement. I would recommend him to anyone in need of legal assistance. Thank you Zev!” John N
★★★★★
"Mr. Rubinstein is the first lawyer I’ve ever used for an auto accident, but I must say he is very good at what he does. I didn’t need to do much on my part as he spoke and solved everything with the insurance companies. Even though I’ve never had another lawyer, he worked much faster and knew more ways to solve the case than another lawyer other people involved had used. I will be using him again, even though I hope I won’t need to, as he made things very simple and easy." A Kudzu User
★★★★★
"Thank you very much for all your hard work and effort in obtaining the settlement on my behalf. It s not often that I have met and worked with such a passionate, dedicated and focused lawyer. Your attention is 100% customer and goal oriented, and many business professionals could learn from your excellent can do attitude and effort. Zev is a great person and I am very appreciative of everything you did for me. I recommended this group for represent any person in case of car accident. Thank you Zev!" A Yahoo User