Q: Do I have a case?
I got injured when I got off the VTA bus in San Jose last month because the driver didn’t lower down the front door. I was carrying a big shopping car with very heavy food, it was too hard to get off the bus, so my foot was sprained , I couldn’t walk and the CT shows hallux valgus deformity.
I was always treated very differently by then, the driver lowered the door for almost all of the passengers who carried the shopping car or heavy stuff, except me, always.
In the same month, the bus driver forced me out of the bus just because I got the bus from the back door. The bus was closing the door and leaving, I would be late for work if I missed it so I got on it from the back door. Many times I saw people get on the bus from the back door, but the driver didn’t say anything. It’s a so small thing, but this driver even called the police to kick me out, just because I am Chinese, I was always treated very differently with discrimination by VTA drivers. That really hurt me deeply.
A:
Based on your description, you may have grounds for a personal injury case due to the injury sustained when disembarking from the VTA bus. If the bus driver's failure to lower the door was a deviation from normal procedures and directly led to your injury, this could be considered negligence. Documenting your injury, the circumstances, and any medical treatment received is essential for building your case.
Additionally, the treatment you've described suggests potential discrimination, particularly if you have observed a pattern of different treatment compared to other passengers. If you believe the actions of the VTA bus drivers were discriminatory, especially if you feel targeted due to your ethnicity, this could be a separate issue worth exploring. It is important to gather any evidence or witness statements that support this claim.
Given the complexities involved in both personal injury and discrimination law, it may be beneficial to consult with a lawyer who has experience in these areas. They can provide more specific guidance on how to proceed and what to expect. Remember, taking prompt legal action is important, as there are often time limits for filing such claims.
1 user found this answer helpful
A:
As it relates to your injury, I think you certainly have a case, however, one of the most important factors indicative of the viability of a claim is being able to link the injury you have, to the incident in question. One of the easiest ways to do this is going to the hospital immediately after, or soon after, being injured. That way, a certified doctor can make a medical determination as to the cause of the injury.
However, as it relates to your discrimination case, that is a separate question entirely, which would be better answered by a civil rights attorney.
1 user found this answer helpful
A: What you describe could possibly be a personal injury and civil rights case. To get a definitive answer of whether it is grounds for a solid case that a law firm would want to run with, it would be advisable to try to line up a free initial consult to review matter in detail. I hope you are okay. Good luck
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