• Documentation

  First, your assigned legal team will gather records related to your claim, including medical records, medical bills, and insurance policy information.

  These documents will help your attorney understand the extent of your injury, and build your case for compensation.

• Investigation

  Your attorney and legal team will investigate your accident in great detail to gather the necessary evidence.

  They may look at dashcam footage, security camera footage, police records, and more to help build your case.

• Negotiation

  Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.

  If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible form.

Filing a bus accident lawsuit can be a complex process, as there are a number of entities who may be liable for the crash. If a third party driver struck the bus or caused the accident, your attorney may be able to help you recover compensation through a personal injury lawsuit against the negligent driver or their insurance company; however, if the bus driver caused the crash, the process may not be as straightforward.

If the bus is owned and operated by the government, your attorney will first attempt to negotiate a settlement with the government’s insurance company. If your claim is denied, you may be required to file a claim against the government itself. It is imperative to retain an attorney who has experience in these types of lawsuits to help ensure you receive full compensation for your losses.

There are strict rules and deadlines that must be followed to collect compensation in Florida, and without the assistance of an attorney, you may lose your chance to recover damages.

At Morgan & Morgan, our attorneys have experience handling third party personal injury cases, negotiating with or litigating against insurance companies and filing claims against the government. Additionally, we have access to experts, including medical experts, accident scene re-creationists, and automotive safety experts at the top of their respective fields.

In building a claim, we will:

• Review accident and police reports
• Interview witnesses and other passengers
• Photograph the scene of the accident as well as injuries you sustained
• Analyze medical reports
• Re-create accident scenes and scenarios with experts
• Handle correspondence from the opposing party and their respective insurance companies

Negligence

Most bus accident lawsuits focus on the concept of negligence, which is the failure to behave responsibly in a certain situation, which may cause injury to another. Bus drivers are held to a higher standard of care than other motorists, which may ease the burden of proving negligence. To prove that you were a victim of negligence, your attorney will collect evidence to prove the other party behaved irresponsibly.

Then, they will use the evidence to prove to the insurance company involved or to a jury that you weren't responsible and that you require compensation.

Product Liability

If your car or the other party's car had a defect at the time of the accident, you may be able to file a product liability lawsuit against the manufacturer — but only if the defect contributed to the accident. To prove that it did, your attorney will conduct an investigation and verify whether the vehicles had any defects and, if so, whether the defect caused the accident.

To do so, they will work with experts to determine whether the car had a manufacturing, labeling, or any other problem. Successful suits will require the plaintiff to show:

• The defective bus or part was “unreasonably dangerous”
• The bus was being operated as intended
• The bus’ performance had not changed since its initial purchase

Some product liability claims against manufacturers have been based on defective tires, brakes, seats, windows, accelerators, and defective fuel systems.

Wrongful Death

If you have lost a loved one in a bus accident, you may have legal recourse to recover compensation through a wrongful death lawsuit. Our attorneys understand that money cannot bring your loved one back; however, it may be able to offset financial difficulties you may face as a result of your loved one’s death.

In a wrongful death lawsuit, your claim will, in most cases, proceed under the theory of negligence or product liability. In some instances, where wanton disregard for human life or willful and malicious behavior contributed to the death, punitive damages may be pursued to punish the offender and prevent similar behavior.

Potential Liable Parties

• Bus driver
• Owner of the bus, including Florida state, other government entities, and private companies
• Company overseeing maintenance of the bus
• Manufacturer of the bus or any part of the bus
• The Florida municipality in which the accident occurred
• Negligent third party

If the bus was owned, operated, or maintained by the government, there may be a limit on the amount of compensation you will be able to recover. Sovereign immunity protects the government from liability, which can completely bar recovery in some cases.

Florida, however, has waived sovereign immunity in certain circumstances and opened itself to liability — up to a certain amount. For claims up to $200,000, Florida will be liable as would any other party; however, sovereign immunity is not waived for claims surpassing this amount. If the damages you’re seeking exceed $200,000, your claim may have to name multiple defendants.

Buses are often thought to be a safe mode of transportation. As common carriers, bus drivers owe a heightened duty of care to their passengers.

Additionally, buses owe a duty of care to other vehicles on the road. When a bus driver breaches this duty and an accident occurs, they may be liable for any resulting damages. Some causes of Florida bus accidents that may indicate negligence on part of the driver or their employer may include:

• Fatigued bus drivers
• Drivers operating under the influence
• Distracted drivers
• Inadequately trained bus drivers
• Failure to follow traffic regulations
• Overloaded buses
• Poor bus maintenance

In showing that a bus driver or third party was negligent, the injured must prove the driver had a duty of care to their passengers or other vehicles on the road, an action or failure to act resulted in a breach of this duty, an injury was suffered, and the breach was the cause of the injury.

School buses carrying children are common carriers that owe a heightened duty of care to protecting their passengers. Children have a special status in the eyes of the law, and courts have recognized their need for extra protection.

Bus drivers must drive and operate their vehicles with extreme caution and strictly follow rules and regulations enacted for the protection of the children. Liability typically applies while children are on board the bus but can extend under certain circumstances where the driver still has a duty to ensure the safety of the children.

School entities, school bus owners, and school bus drivers may be held liable for injuries a student sustains if the driver fails to:

• Operate the bus with due care
• Activate safety measures, including flashing red lights and stop sign, while students board and leave the bus
• Verify traffic has stopped before permitting a child to exit the bus
• Monitor a child’s safe crossing of a street.

Liability will depend on the specific statutory duties in place for school buses and drivers in the district in which the accident occurred.

Additionally, since personal injury protection (PIP) insurance carried by a parent may cover some of the costs resulting from the school bus accident injury to their child, the claims process can become complicated and may require the assistance of a bus accident lawyer.

The lack of safety precautions for passengers aboard buses significantly increases the chance of injury or death should an accident occur. Injuries that may result from a bus accident include:

• Brain injuries
• Spinal cord injuries
• Whiplash
• Burns
• Broken bones
• Lacerations
• Seizures
• Paralysis
• Death

During negotiations or litigation against an insurance company, the state of Florida, other government entities, or negligent party, a bus accident victim may be able to recover compensation for the following:

• Past and Future Medical Expenses: This may include fees for emergency room visits, hospital care, surgery, assistive devices, and appointments with necessary medical professionals.
• Lost Wages: Injured bus accident victims may be able to recover compensation for wages they would have earned had the accident not occurred. If the injured victim was unemployed at the time of the accident, they may be awarded lost wages if they can demonstrate earning potential during this time period.
• Pain and Suffering: This includes compensation for the physical pain suffered as a result of injuries sustained in the crash. Factors including the nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are considered when awarding these damages.
• Mental Anguish: Victims may also be awarded for emotional suffering incurred as a result of the accident. This can compensate for fright, embarrassment, nervousness, worry, grief, and other forms of emotional distress endured. It is important to note that parents may not be able to recover damages for mental anguish as a result of an injury their child sustains in a school bus accident; there are only certain instances in which recovery is possible.
• Loss of Consortium: The uninjured spouse of a bus accident victim accident may be able to recover damages for loss of marital benefits, sexual relations, affection, and comfort.

If you were a passenger on a bus involved in an accident or a third party injured in a bus accident, you may have legal recourse. To learn more about how our bus accident attorneys may be able to help you, please fill out our free case review form today.