Bus collisions are more complicated than regular car accidents. They can involve many passengers and different types of vehicles. These include commercial vehicles and both public and private transportation companies. Sometimes, government organizations are also involved. Liability in small two-vehicle collisions often falls only on the driver. In bus accidents, different parties can be held responsible. This can include the driver, the bus company, the vehicle manufacturer, or local agencies that ensure road safety.
A Florida bus accident lawyer can help victims deal with these issues. They ensure that all responsible parties are held accountable for their negligence. Florida is mindful of the dangers of huge vehicles transporting dozens of people. Buses cause many injury accidents each year in the United States. This information comes from the Federal Motor Carrier Safety Administration (FMCSA).
Buses in Florida are large, fast, and have a lot of capacity. When accidents happen, they can be very harmful to passengers. Injuries can include spinal or head injuries, broken bones, and ongoing cognitive problems. These issues may require years of medical care and financial recovery.
How Common Are Bus Accidents In Florida?
Though buses for the most part are a safe way to travel, accidents are not uncommon. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported a high number of bus crashes. In one recent year, there were over 3,000 bus crashes. A number of these collisions resulted in passenger injuries needing hospitalization or prolonged treatment. If you or someone you care about was injured in an accident, you should speak with a bus accident attorney in Florida. They can help you understand your rights and any possible claims for compensation.
The National Safety Council has also noted that crashes involving heavy vehicles, including buses, often result in injuries that are disproportionately serious when compared to those caused by ordinary cars. The danger is amplified by the weight and size of buses, which also often carry unrestrained passengers.
Who Can Be Held Liable In A Bus Accident?
When it comes to establishing fault in a bus crash, one must look closely at the facts. There may be liability on the part of various types of parties:
- The bus driver if there was any negligence, distraction, fatigue or intoxication involved.
- The bus company, if it failed to maintain the vehicle, follow safety rules or ensure competency in its drivers.
- Other negligent motorists who could have been responsible for or contributed to the accident.
- Government entities when a bus is publicly operated, and bad road maintenance or oversight extends back.
- Manufacturers if faulty parts or systems in the vehicle caused the crash.
Where the negligence of multiple defendants coincides, Florida case law provides for joint and several liability. In Union Bus Co. v. Smith, for example, Florida courts acknowledged that transportation companies owe their passengers the highest duty of care more than ordinary drivers owe to each other.
What Rights Do Injured Passengers Have In Florida?
Florida law sets forth different mechanisms for recovery when passengers suffer injuries in a bus accident. According to Florida Statute §768.81, passengers are awarded damages if negligence can be demonstrated. This includes compensation for:
- Medical, rehabilitation and long-term care costs
- Wages lost and loss of earning capacity
- Pain and suffering damages
- The emotional trauma and mental health care
- The wrongful death damages for surviving families if the crash is fatal
Buses are called “common carriers.” This means their companies and drivers must meet a higher standard of care. This helps support passenger injury claims.
What Role Does Insurance Coverage Play In Bus Accident Claims?
Insurance is the heart of bus accident litigation. Commercial carriers in Florida are required to have significantly higher insurance limits compared to other drivers on the road. For instance, under the Florida Statutes §627.742, nonpublic buses must carry substantial amounts of liability insurance coverage to cover any potential passengers. A Florida bus accident lawyer can help victims understand insurance rules. They make sure victims get all the compensation they deserve after an accident.
These laws ensure there is a pool of money available, but accessing it is not simple. Nosy insurers try to shortchange payouts by disputing the extent of injury or fault other people or companies. A seasoned lawyer can help combat these tactics to help you obtain a fair settlement.
How Can A Passenger Prove Negligence In A Bus Accident?
To prove negligence in a bus crash, you may need to gather various types of evidence such as:
- Police collision reports and witness statements
- Data from the black box or GPS on the bus
- Maintenance records and inspection logs
- Surveillance or dash camera footage
- Documents of drivers’ work and rest times
Florida courts use the duty, breach, causation and damages model. The higher standard of care for the bus driver means they may be seen as negligent. This is true if they did not follow the proper routine.
How Does Sovereign Immunity Affect Public Bus Accident Claims?
If the negligent bus is a governmental one, sovereign immunity laws come into play. Florida Statutes §768.28 states the maximum damages you can get from government entities. Individual claims are limited to $200,000. Total claims cannot exceed $300,000 from one event.
While these restrictions may make public bus accident cases more difficult, victims remain entitled to financial recovery. Lawyers acquainted with exceptions to the immunity may sometimes increase compensation by finding other parties at fault.
Why Is Hiring A Lawyer Critical For Bus Accident Victims?
Because of the fact that bus accidents are so intricate, it is important to use a skilled lawyer. Why you need an Experienced Bus Accident Lawyer A good bus accident lawyer Florida or Fort Myers accident attorney will:
- Conduct a comprehensive examination to determine all potentially responsible parties
- Negotiate with insurers and government agencies
- Surf sovereign immunity caps and exceptions
- File lawsuits when settlement talks break down
- Get testimony from specialists on medical and technical issues
At Dennis Hernandez Injury Attorneys, we have recovered millions and millions for our clients with life-changing injuries. We fight to get you paid! We are compassionate attorneys, who possess the knowledge you need to assist injured passengers with each step of their claim. If you were hurt in a bus crash, a Florida bus accident attorney from our firm can give you the right advice. This advice is important to help you get the most compensation.
What Types Of Claims Can Be Filed After A Bus Crash?
Depending on the situation, victims might have different types of claims that they could file such as:
- Passenger injury claims Florida to recover medical bills and lost wages
- Negligent driver bus crash Florida lawsuits if another driver was at fault
- Public transportation accident claims Florida when buses are publicly operated
- Bus crash liability Florida cases against private bus lines
- Mass transit accident lawyer Florida involving buses operated by the city or commuter buses
- Florida Wrongful death bus accident claims for surviving family members
Sometimes, the claims can run together, and you have to be artful about how you approach things to get maximum for both.
What Damages Are Available In A Bus Accident Case?
Compensation for a victim of product liability can come in the form of economic and noneconomic damages, namely:
- Hospital and surgical bills, rehabilitation costs
- Prescriptions and durable medical equipment
- Wages, both past and future
- Pain, misery and loss of enjoyment of life
- Emotional healing through counseling and therapy
Money for a family member who died in the crash can cover funeral costs. It can also help with lost financial support and companionship, he said. Wrongful death law is controlled by Florida Statutes §768.21 which details who may recover and the situations that apply.
How Long Do Victims Have To File A Bus Accident Claim In Florida?
The statute of limitations in Florida law is quite stringent. In most cases, a victim in a personal injury case has two years from the accident date. After that, they cannot file a lawsuit under Florida Statutes §95.11. There is also a two-year statute of limitations for wrongful death actions. Not meeting these deadlines can end your chance to recover. So, it is very important to talk to a lawyer quickly.
Recommended reading
- Florida Statutes §627.742 – Insurance Requirements for Nonpublic Sector Buses
- Why Do Florida Residents Need to Learn About How Airbags Cause Injuries During Minor Collisions?
- Why Don’t Drivers See Motorcycles—and Who Pays the Price?
- Why You Need an Experienced Lawyer after a Florida Truck Accident Injury
- Wrong Way Driver Charged With DUI in Tampa
- You were rear-ended by an out-of-state driver, now what?
