$3,740,000 Million Settlement Secured for Passenger Injured in San Diego Tour Bus Accident

A routine drive on Interstate 5 turned into a life-changing event when a small sedan lost control and slid directly in front of a tour bus.

Our client was riding as a passenger in a vehicle traveling northbound on Interstate 5 near Old Town in San Diego when his driver lost control of his vehicle and went directly into the path of an oncoming bus.

With little time or distance to avoid the collision, the tour bus violently struck the vehicle.

The impact caused catastrophic injuries and forever changed the course of our client’s life.

A Serious Brain Injury With Lasting Consequences

As a result of the collision, our client suffered a traumatic brain injury that required immediate medical intervention, hospitalization, and an extensive rehabilitation stay. The injuries affected nearly every aspect of daily life and left our client unable to return to the normal routines and activities that existed before the crash.

Brain injuries are among the most complex and life-altering injuries seen in personal injury litigation. Unlike broken bones or other visible injuries, the effects of a traumatic brain injury can persist long after a victim leaves the hospital, impacting cognitive function, independence, emotional well-being, and overall quality of life.

The long-term consequences of our client’s injuries became a central focus of the case.

Multiple Defendants. Multiple Liability Theories.

Shortly into litigation, it became clear that the automobile was the primary collision factor in this crash. Unfortunately, the automobile carried low insurance policy and was nowhere near enough to compensate our client for the injuries he sustained. Our only hope was to find some negligence on the bus operator. There was video footage of the crash showing that the bus driver was operating the bus within the speed limit and was not making any lane changes. We knew that proving liability against the bus operator would not be simple. Despite the long odds of recovery against the bus, we pursued this matter and diligently represented our client.These issues substantially increased both the complexity and value of the case.

Building the Case Beyond the Police Report

The police report assigned zero fault on the bus. Although the police report was admissible, it created an extra challenge in the case.

Commercial transportation cases often involve aggressive insurance carriers and defense teams working to minimize responsibility and shift blame between multiple parties.

Rather than accepting a narrow interpretation of the crash, our legal team conducted an extensive investigation into every potentially liable party. Through litigation and case development, we were able to demonstrate the full scope of responsibility and the devastating impact the collision had on our client’s future.

PROP 51 AND HOW IT IMPACTED OUR STRATEGY

In California, a tortfeasor is jointly and liable for the special damages of an injured party if as little as 1% of fault is allocated to them. In theory, what this means is if there are 2 defendants in a case and the jury finds both of them at fault, regardless of the percentage of each’s contribution of negligence, a Plaintiff may hold either party 100% responsible for past, present, and future medical expenses. Despite it being fairly clear that the automobile was primarily at fault, we crafted an argument that the bus operator could have taken some type of evasive maneuver to avoid the impact or at the very least decreased the speed of impact. Thus, by interjecting Proposition 51 into the equation, we were able to obtain a significant recovery for our client.

By focusing on both the liability evidence and the long-term consequences of the traumatic brain injury, we positioned the case for a significant recovery.

$3.74 Million Recovery for an Injured Passenger

After extensive litigation and advocacy, Samer Habbas & Associates secured a $3,740,000 settlement on behalf of the injured passenger.

While no financial recovery can undo the trauma of a catastrophic brain injury, the settlement provides meaningful compensation for the medical care, life disruptions, and long-term consequences our client continues to face.

As attorney Samer Habbas explains:

“Commercial transportation cases require looking beyond the crash itself. This case had a lot of risk but we refused to back down. By holding every responsible party accountable—including the transportation company that put its driver on the road—we were able to secure a recovery that provides meaningful compensation for our client and family.”

Get Samer On Your Side™

For more than two decades, Samer Habbas & Associates has represented victims of serious accidents throughout California, recovering hundreds of millions of dollars for injured clients and their families. Our attorneys have extensive experience handling bus accidents, traumatic brain injury cases, commercial vehicle collisions, and other complex catastrophic injury claims.

If you or a loved one has been injured because of someone else’s negligence, contact our team today for a free consultation. We will investigate the facts, identify all responsible parties, and fight for the maximum compensation available under the law.

Call (949) 727-9300 to schedule a Free Consultation.

Get Samer On Your Side™