Sroeuy Khin Killed in Bus Accident in Alameda County, CA
Alameda County, CA -- A collision between a bus and a passenger vehicle claimed the life of 50-year-old Sroeuy Khin Friday, May 12, 2017.
The incident took place on Interstate 580 around 7 a.m.
According to the report, Mr. Khin's vehicle was struck by the bus full of Tesla employees while on his way home from work. Deputy Khin, a 10-year veteran of the Alameda County Sheriff's Department, was killed at the scene of the rear-end collision.
The official investigation into the incident is ongoing.
map of the area
Most people that read the details of the crash provided by the media might assume that the insurance provider representing the bus company will do right by Deputy Khin. This belief is bolstered by the fact that motorcoach companies are required to carry up to 5 million dollars in insurance.
However, even if the driver of the bus was 100% at fault, and I'm not claiming they are, no insurance company will hand over any large settlement without putting up a fight.
This leaves a lot of people shaking their heads and asking, "How can they mount a defense when their driver seems so obviously at fault?" Well, to answer this question we must start by dispelling one of the biggest myths in bus accident law; drivers that cause rear-end collisions are not automatically at fault.
In accidents such as these involving commercial trucks or buses, most companies' insurance providers will make the argument the injured victim cut off their vehicle, leaving them no time to attempt an evasive maneuver. While this claim may be factual, it's just as likely to be an insurance company fantasy. Nonetheless, that doesn't mean their claim should just be laughed off.
This is because for the victim's family to get justice, they have to show they can credibly prevail in court. Which means, a really shoddy defense with bad evidence will always be a great claim with no evidence.
While it may be the last thing a victim's family has on their mind following such tragedy, the bus company can be counted on to immediately marshal all of their resources in attempt to gather evidence in their defense.
It's for this very reason that it's crucial for the families of bus accident victims to waste no time in gathering evidence on their own behalf. In the words of Denzel Washington's character Alonzo Harris in the 2001 thriller Training Day, "It's not what you know, it's what you can prove."
--Grossman Law Offices