October 25, 2016
The tragic collision between a Red Earth Casino Bus and a semi-truck on the 10 freeway outside Palm Springs will raise complicated legal issues for those who lost a loved one or who were injured in the crash.
Buses are considered Common Carriers under the law. This creates special duties and regulations which they must adhere to or face liability. It appears in this case that USA Holiday is the owner and operator of the bus involved. It is being reported that USA Holiday operates only one bus and has only one licensed driver.
This could be an important aspect of the case to evaluate as the reports suggest the driver of the bus was traveling much faster than the semi-truck and there is no indication the bus ever attempted to brake. When one considers these facts along with the accident occurring in the pre-dawn darkness around 5:15 a.m. on I-10, just outside Palm Springs, it sounds possible the driver may have fallen asleep or was fatigued.
Tour Bus Victims May Have Claims Against USA Holiday
It is certain USA Holiday has insurance to cover the claims of those injured. Before speaking to any insurer or representative of an insurance company, we at O'Mara & Padilla encourage anyone injured in an accident, whether it be something as serious as the Red Earth Tour Bus crash or minor motor vehicle collision, to consult with an experienced injury attorney. The consultations are free and will provide invaluable information about the claims process, your rights as an injured party, along with information about how the insurance company will handle the claim.
While we see many ads on TV from insurance companies claiming to be "good neighbors" or that you are in "good hands" the reality is every insurance company trains it's adjusters to resolve cases for as little as possible. By creating bonuses and promotion incentives for adjusters who succeed in this endeavor, they breed a culture where many adjusters will misrepresent the law and rights of those who are injured in an effort to coerce them into accepting far less than they are entitled to and rightly deserve. DO NOT trust what you are being told by an insurance adjuster until you discuss the claim with an attorney.
In addition to USA Holiday, there is the possibility of liability falling on Red Earth Casino as well. Depending on what is revealed during the litigation to follow, USA Holiday could have been operating as an agent for the casino or they could be considered to be in a joint venture, which also would cause liability to reach the casino. Lastly, a review of their contract could reveal language which causes the casino to share in any harms caused by the operation of USA Holiday when transporting patrons to and from their resort.
Officials Give Update on Palm Springs Tour Bus Accident
Consult an Experienced Auto Accident Attorney
At O'Mara & Padilla we provide free consultations with no obligations of any kind. If you believe you need an attorney after the consultation, we will work on a contingent fee and pay all costs of litigation. This means no money out of your pocket at any time. We are here to help those injured and have an outstanding history of success in both trials and settlements.