Determining Liability in a Bus Accident

Determining who is at fault in a bus accident is crucial for victims seeking compensation for their injuries, but it is rarely straightforward. This post will explore the various factors that influence liability, including driver negligence, company responsibility, vehicle maintenance, and other potential contributors to a crash. Whether you were a passenger on the bus, a pedestrian, or in another vehicle, understanding these elements is vital for protecting your rights and pursuing justice.

Join us as we break down the legal complexities into manageable insights, aiming to empower you with the knowledge needed to navigate the aftermath of a bus accident effectively.

Definition of Liability in Florida Civil Law

In personal injury cases, there are various types of liability that can come into play.

Negligence is the most common basis for liability. It occurs when someone fails to exercise the level of care that a reasonably prudent person would use in similar circumstances. Examples of negligence include car accidents resulting from not obeying traffic laws, slip and fall incidents caused by unaddressed hazards, and medical malpractice where a healthcare provider deviates from standard practices.

Strict liability, on the other hand, does not require proving negligence or fault. It is often applicable in cases involving inherently dangerous activities, such as using explosives, or in product liability claims where harmful products are involved. For instance, a company can be held strictly liable for injuries caused by a defective product they produced or sold, regardless of any negligence on their part.

Vicarious liability is another type of liability where one party is held responsible for the actions of another. This typically includes scenarios where employers are held liable for the actions of their employees if the employees were acting within the scope of their employment at the time of the incident. Similarly, parents can be held liable for the actions of their minor children.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Determining Liability in Personal Injury Cases

Determining liability in personal injury cases involves a thorough process that includes several critical steps. The first step is establishing the duty of care. This means proving that the defendant had a legal obligation to act in a manner that would prevent causing harm to the plaintiff. This relationship or circumstance dictates that the defendant was expected to exercise a certain level of care.

Once the duty of care is established, it must then be shown that the defendant breached this duty. This involves demonstrating that the defendant’s actions did not meet the expected standard of care, thereby falling short of what was required to avoid causing harm.

The next step is proving causation. The plaintiff must show that the defendant’s breach of duty directly caused their injury. This requires establishing a clear and direct link between the defendant’s actions and the injury sustained by the plaintiff.

Finally, the plaintiff must demonstrate that they suffered actual damages as a result of the defendant’s actions. These damages can include bodily injury, emotional distress, loss of earnings, or property damage.

In Florida, the comparative negligence rule applies, meaning that if the plaintiff is found partially responsible for their own injuries, their compensation can be reduced by the percentage of their fault. For example, if a plaintiff is found to be 20% at fault in a car accident, their recoverable damages will be reduced by 20%. If the plaintiff is more than 50% at fault, they are barred from pursuing damages.

Understanding liability is crucial for anyone involved in a personal injury claim in Florida. Whether you are a victim seeking compensation or someone who might be held liable, it is essential to comprehend how liability is determined and what it means for your case.

Client Testimonial

Determining Bus Accident Liability

Bus accidents, although less frequent than car accidents, pose unique challenges when it comes to determining liability. From multiple potential liable parties to specific laws governing public transportation, navigating these cases requires a deep understanding of both state laws and the details of the accident.

Challenges in Determining Liability in Bus Accidents

One of the main challenges in bus accidents is the variety of entities that could potentially be held liable. These can include the bus driver, the company or government entity that operates the bus, other involved drivers, manufacturers of the bus, and even entities responsible for maintaining the roads. Determining who is at fault involves a detailed investigation into the circumstances of the accident.

Liability of Bus Operators

Bus operators, whether they are private companies or public entities, bear a significant responsibility due to their role in transporting numerous passengers. This high standard of care makes them susceptible to liability in various situations.

When a bus accident occurs due to driver negligence—such as speeding, distracted driving, or driving under the influence—the driver can be held accountable. Additionally, the driver’s employer may also be liable under the legal doctrine of “respondent superior,” which holds employers responsible for the actions of their employees performed within the scope of their work duties.

Bus companies are also obligated to ensure regular maintenance of their vehicles. If a failure to conduct necessary maintenance leads to an accident, the company can be held liable for any resulting injuries.

Proper training of bus drivers is another crucial responsibility of bus companies. If inadequate training results in an accident, the company can be found negligent and thus liable.

In cases where an accident is caused by defective bus equipment, such as brake failure or a tire blowout, liability may extend to the manufacturer of the equipment or the bus itself under product liability laws.

Liability in Accidents Involving Buses Owned by Public Transportation Agencies

When a bus involved in an accident is owned by a public transportation agency, determining liability can become more complicated due to sovereign immunity. Sovereign immunity protects government entities from liability in many situations, though exceptions do exist.

In Florida, sovereign immunity is waived to a certain extent under the Florida Tort Claims Act. This act permits lawsuits against government entities for injuries resulting from a bus accident. However, damages are typically capped at $200,000 for one agency and $300,000 if suing multiple agencies.

If the bus accident was caused by the negligence of a government-employed bus driver or due to improper maintenance by the government entity, the agency can be held liable within the limits established by the Florida Tort Claims Act. To successfully hold a public transportation agency liable, it must be demonstrated that the entity acted negligently and that this negligence was the proximate cause of the injuries. This involves gathering substantial evidence, including bus maintenance records, driver training records, and eyewitness testimony.

Determining liability in bus accidents requires a thorough investigation and understanding of various legal principles, especially when the bus is part of a public transportation system. Victims of bus accidents should seek experienced legal representation to navigate these complex issues effectively.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The Four Essential Elements of Personal Injury Law in Bus Accident Lawsuits

In personal injury law including in cases involving bus accidents — there are four essential elements that must be proven to successfully bring a lawsuit. Understanding these elements is crucial for anyone involved in a bus accident who is considering legal action.

Duty of Care

The first element that must be established is the existence of a duty of care. In the context of bus accidents, this duty is inherently present; bus drivers, bus companies, and other related parties (such as maintenance companies) have a responsibility to ensure the safety of passengers and others on the road. This duty extends to operating the bus safely, maintaining the vehicle to prevent mechanical failures, and ensuring that all safety measures are followed.

Breach of Duty

Once a duty of care has been established, it must be shown that there was a breach of this duty. A breach occurs when a party fails to exercise reasonable care to fulfill their duty. Examples of breaching this duty in the context of bus accidents can include a bus driver operating the vehicle while distracted, under the influence of alcohol or drugs, or failing to adhere to traffic laws. It can also include companies failing to conduct necessary maintenance on the bus.

Causation

The third element involves proving causation, which means showing that the breach of duty directly caused the accident and resulting injuries. This step often requires substantial evidence, such as accident reconstruction, witness testimony, and expert opinions to link the negligent actions directly to the accident.

Damages

Finally, the plaintiff must prove that they suffered actual damages due to the accident. This can include physical injuries, emotional distress, medical expenses, lost wages, and more. Documenting these damages through medical records, bills, and employment records is essential to establishing this element.

Types of Damages Awarded in Florida Bus Accident Lawsuits

After establishing the necessary elements of a personal injury lawsuit, it is also important to understand the types of damages that may be awarded if the lawsuit is successful. In Florida, damages in bus accident lawsuits can be categorized into several types:

Economic Damages

These are damages that can be quantified financially and include medical expenses, lost wages, and property damage. Economic damages are meant to compensate the victim for out-of-pocket expenses incurred due to the accident.

Non-Economic Damages

These damages are more subjective and include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Non-economic damages are intended to address the non-financial aspects of harm suffered by the victim.

Punitive Damages

In cases where the defendant’s behavior was particularly reckless or egregious, punitive damages may be awarded. These are not meant to compensate the victim but rather to punish the defendant and deter similar conduct in the future. In Florida, punitive damages are capped and subject to specific statutory limitations.

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Fighting for Bus Accident Victims 

The aftermath of a bus accident can be incredibly challenging, not only due to the physical and emotional recovery but also because of the complex legal landscape that must be navigated to secure rightful compensation. 

At Serrano Law, we understand the hardships you face following a bus accident and are dedicated to advocating for your rights and fighting for the full compensation you deserve. We are committed to providing you with personalized and compassionate legal assistance throughout your case.

If you or a loved one has been injured in a bus accident, do not hesitate to reach out to us. Contact Serrano Law today for a free consultation to discuss your case. Let us help you navigate this difficult time with the experience and care you deserve.

Florida Bus Accident Guide

The Florida Bus Accident Guide was created by Serrano Law to help residents who have been injured obtain maximum compensation for their claim.

Law Office Located In Lutz

Have you been hurt in a bus accident? We understand how your life has been flipped upside-down by these events and we want to help you make your life easier. We can fight for your legal rights to full and fair compensation for your accident. You deserve to get justice when you have been wronged by a liable party. Please call our Florida bus accident attorneys as soon as possible to set up a free initial consultation to get started on building a strong case for your defense. Justice is waiting for you and we can help you get it.

The Parties Involved in a Bus Accident

The very first party involved in a bus accident is going to be you. You are the injured victim in this accident and would be considered the plaintiff. You have every right to bring a case about your accident against the person who caused your injuries and damages.

The person who caused the injuries and damages is called the liable party and they are the ones who were physically responsible for causing harm to you. They are going to be held accountable for their actions. In a bus accident claim it’s a bit less straightforward than, say, a car accident. Typically, with a car accident there is someone who violated the rules of the road and caused a collision. Bus accident claims could involve the bus driver operating in a way that violates the rules of the road, another motorist on the road who collides with the bus, or having an accident getting on or off the bus.

This brings us to the third party involved in your case— your Florida bus accident attorneys. They are going to investigate the details of your case and figure out what action needs to be taken against who. Having someone on your side who knows how to handle these kinds of cases is going to be of benefit for you. They will be able to defend your rights to full and fair results.

The last party involved in a bus accident case is going to be the insurance company that represents the liable party. They are going to present obstacles that will be impossible get past without the help of a attorney. They don’t want to give you what you deserve because it could cost them money. While they have a responsibility to cover your damages, they’re going to try every possible opportunity to devalue your claim.

How Claims Are Valued

Any of our Florida bus accident attorneys will tell you that you need to get to maximum medical recovery in order to know the full value of your claim. If you sit down with a attorney and they tell you right off the bat within the first consultation that they can get you X amount of dollars for your claim, you can be sure that you need to walk away from that person.

Claims are valued based on the severity of your damages. They look at how the accident has affected your life. For instance, if you had been involved in an accident that left you bedridden for weeks or months you are likely missing out on work. It’s going to cost you a lot of money and you might need surgery. All of those damages go into your end result. We fight tooth and nail, taking cases all the way to trial if need be in order to get the results that are fair. We settle for nothing less.

There are two types of damages: economic damages and non-economic damages. Your Florida bus accident attorneys are going to fight for you to be fully compensated under both of those categories. Economic damages include your missed time at work, decrease in earning capacity if you cannot return to the same kind of work, the cost of medical bills and treatments, etc. Non-economic damages are things like your decrease in life quality, pain and suffering, etc. Those damages are harder to calculate but they are certainly important.

Suing a School For a School Bus Injury

We got a call recently from a mother whose child was unfortunately injured in a school bus accident in Florida. She was wondering whether or not they have a claim against the school. The answer to that is yes. You do, however, want to make sure that you hire a lawyer who knows what they’re doing with bus accident cases because there are many rules and regulations that apply specifically to school buses. If you have any questions or concerns or if your child was injured in a school bus accident, please give us a call.

Differences Between Bus And Car Accidents

A family member recently asked me how bus accident cases are different from regular car accident cases in Florida and if there are any differences. The answer is there are absolutely many differences. You want to make sure that you hire a bus accident attorney because there are many different rules and regulations in Florida law that apply specifically to buses. If you have any questions about what laws might apply to your bus accident case, please give us a call.

Choosing The Right Bus Accident Attorney

We got a call from a potential client in Tampa recently who was involved in a bus accident. They were wondering how they can pick the best bus accident attorney for their case. The first thing you want to do is go online, make sure that they have good reviews, and make sure that they’re a trial lawyer. Bus accident cases tend to more complicated, and you want to make sure that you pick a lawyer with experience in those cases. If you have any questions about our experience with bus accident cases or if you were injured in a bus accident, please give us a call.

Bus Accident Case Value

We recently met with one of our Tampa clients who was injured in a bus accident in Tampa. They were wondering how much their case was worth. Case values depend on what your medical bills are, how injured you are, if you’re going to need future medical care, and whether or not you’re entitled to past and future pain and suffering. If you have any questions about the value of your bus accident case, please give us a call and we can shed some light on it.

Bus Accident Case Timeline

We recently met with a client who was injured in a bus accident case in Tampa. They were wondering how long their case was going to take to resolve. It varies from case to case, but the most important consideration for how long your case is going to take is how long it’s going to take to reach maximum medical improvement, which means that medical treatment isn’t going to help you out anymore. If you have any questions about how long your case is going to take, please give us a call and we can help you out.

Initial Offer for a Bus Accident Case

A client came into Wesley Chapel recently asking if they should take an offer that they were given from the insurance company for injuries they received in a bus accident. I told them no. It’s usually not a good idea ever to take the first offer from an insurance company because their incentive is to pay you as little as possible. Typically, they never give you the full value of your case with the first offer. If you have any questions about whether you should take an offer from an insurance company regarding a bus accident case, please give us a call.

Bus Accident Insurance Investigation

I received a call recently from a potential client in Tampa who was involved in a bus accident. They were wondering if it’s okay to talk to the insurance company. My advice to them was it’s usually never a good idea to talk to the other insurance company. You never want to take a recorded statement. You should definitely talk to a lawyer before you ever reach out to the other insurance company. If you have any questions about what communication you should have with the insurance company involving a bus accident, please give us a call.

After a Bus Accident Injury

We recently received a call from someone who was injured in a bus accident. They were wondering what they should do. The first thing you should do if you’re injured in a bus accident is to make sure that you document your injuries, make sure that you document what happened in the accident, call the police if that’s appropriate, and then call an experienced bus accident attorney to help evaluate your case. If you have any questions or if you want to talk about your bus accident case, please give us a call.

After a Bus Hits Your Car

We recently received a call from a client in Tampa who was involved in an accident with a bus in which the bus hit their car. They were wondering what they should do. The first thing they should do is make sure to take pictures at the scene and get as much documentation from witnesses as possible. The second thing you should do is call an experienced bus accident attorney, as there are many considerations that are unique to bus accident cases. If you have questions about your bus accident case, please give us a call.

Please Call Our Florida Bus Accident Attorneys Today

Having a attorney on your side means you get to focus on healing and recovering while they do the heavy lifting for your case. You can rest assured knowing someone with the knowledge needed to win will be working towards your case’s success.

If you have been hurt in a bus accident please do not hesitate to reach out. We can help you seek the legal action you require. You deserve full and fair results and we can help you get that. Our  Florida bus accident attorneys are here to help guide you every step of the way. Call us right away to set up your free initial consultation.

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Difference Between Bus And Car Accidents