Florida Bus Accident Lawyers

auto-accident

 

Whether hit by a public transportation system, charter bus line, or school bus, injury victims have the right to be reimbursed for their damages when someone else is responsible for causing their injuries.  Under the circumstances, bus accident claims can be notoriously confusing since multiple parties may be found liable for the victim’s damages. With help from our experienced Florida bus accident lawyers at Luhrsen Goldberg, crash survivors, and families can demand justice.

Those ready to take charge of their futures and seek total compensation for their damages can work with our personal injury attorneys to make the at-fault parties pay. Request a 100% free consultation today to learn more about what bus accident lawsuits entail, how insurance claims work in Florida, and strategies to maximize financial recovery. 

Top Causes of Bus Accidents in Florida

A respected bus accident lawyer will be responsible for figuring out who is responsible for causing the bus accident so victims and survivors alike can recover the compensation they deserve. There are often multiple parties who can be sued after being identified through our in-depth investigation into the cause of the collision. 

Here are some of the top causes of Florida bus accidents and parties who could be found liable for the car accident:

Negligent Driving

Negligent driving refers to any type of unsafe driving. Every motorist on the roads should know how to drive as safely as possible and has an obligation to do so. Otherwise, they can be held accountable for their irresponsible and sometimes even reckless driving. If an injury victim was traveling on a bus when it was struck by a negligent driver, or if survivors were traveling in another motor vehicle when suddenly struck by a reckless bus driver, grounds for legal action may apply. 

Some of the most common types of negligent driving include:

  • Speeding or driving under the minimum speed limit
  • Operating a vehicle under the influence of drugs or alcohol
  • Driving while distracted, including cognitive, visual, and manual distractions
  • Failure to check blind spots 
  • Unsafe lane changes
  • Driving while fatigued
  • Road rage and aggressive driving
  • Failure to use a turn signal or yield to the right of way
  • Failure to stop at traffic lights or stop signs 

These types of unsafe driving are not the only ways in which bus accidents can occur. A thorough review of the evidence will uncover the identities of all those who may have contributed to the injuries victims and survivors sustained. 

Road Hazards

Road safety hazards are especially concerning when buses are involved. This is partly because of the size of these vehicles. Since buses transport far more passengers than if you add SUVs, pick-up trucks, or sedans together, this means collisions involving buses are more likely to result in catastrophic injury. Road dangers frequently occur when the roads are not properly maintained. Since buses travel throughout the area every day, the roads should always be safe. Unfortunately, this is not always the case. Some of the most common types of road hazards to be aware of include:

  • Missing street signs
  • Malfunctioning or defective traffic lights 
  • Faded road markings
  • Large potholes
  • Improperly secured road construction work zones
  • Lack of pedestrian crosswalks or bicycle lanes

It can be difficult to figure out who is liable when dangerous roads cause bus accidents. Some could argue the bus company shares liability for failing to notify bus drivers of potential road safety hazards. Others might argue that government agencies and municipalities, including the Florida Department of Transportation or the Florida Department of Highway Safety and Motor Vehicles could be at fault. The best way to find out who is responsible is by carefully examining the evidence and working with professional accident reconstructionists and investigators to establish culpability. 

Improperly Maintained Buses and Vehicles

Bus companies are commonly sued for negligence when they fail to properly maintain buses. Vehicle owners can also be held accountable if they do not ensure their vehicles are in safe working order before heading out on the roadways. There are often signs that auto parts may be defective or malfunctioning, and failure to take notice of the signs, or worse, drive despite them, could be considered negligence. Some examples of motor vehicle parts that are known for defects include:

  • Airbags
  • Seat belts
  • Bus railings
  • Bicycle racks
  • Tires
  • Steering wheels 
  • Ignition switches
  • Windshields
  • Gas tanks
  • Engines and transmissions

How to Recover Maximum Compensation After a Florida Bus Accident

Our bus accident attorneys work tirelessly to advocate for our client’s rights. Under Florida tort laws, injury victims are entitled to total financial recovery when someone else is responsible for causing their injuries. Although being awarded compensation will in no way make up for the trauma of the experience or any permanent disabilities or consequences that may follow, it can help cover expensive medical costs and ensure survivors have the financial support they need to get through this challenging time. 

Damages bus accident victims are entitled to are called compensatory damages, which are further categorized as economic or non-economic. Economic damages include every monetary cost, while non-economic damages include the ways the victim’s lives have been affected by not only their injuries but the accident itself. Some examples of potentially recoverable damages could include: 

  • Physical pain
  • Chronic suffering
  • Mental anguish
  • Diminished quality of life
  • Loss of consortium
  • Medical bills and treatment
  • Cost of any necessary medical devices or equipment
  • Medical home accommodations 
  • Future medical expenses
  • Rental car costs
  • Diminished value of the victim’s vehicle
  • Personal or professional reputational damages
  • Personal property losses
  • Lost income, employee benefits, and potential future earnings

Punitive damages are also possible in Florida bus accident claims, but only in limited instances.  Generally, the liable party’s conduct needs to rise to the level of being considered reprehensible, egregious, intentionally malicious, or grossly negligent. In short, situations where punitive damages might be awarded are rare and for this and other reasons, not to be counted on.

Essential Florida Bus Accident Laws to Know

Bus accident victims are often hesitant to move forward with their claims because they are intimidated by what they expect the claims process to be like. However, once they understand how the state’s personal injury laws work, they feel confident and empowered in their decision to pursue justice. With that in mind, we have described some of the most important bus accident and personal injury laws injury victims across the state should know after being involved in an accident:

How Insurance Claims Work

Florida follows no-fault insurance laws. Those laws require that all Florida motorists carry a mandatory coverage known as Personal Injury Protection (PIP), whihc is more formally known as Florida Motor Vehicle No-Fault Law.  PIP provides basic insurance to cover a portion of an injured person’s medical expenses, lost earnings and other expenses incurred as a result of the motor vehicle accident and is extended to persons injured in a motor vehicle accident without a determination of who was at fault for the crash (hence also how Florida is known as a “no-fault” state).  

To the extent a bus accident victim sufferes a more serious injury, he or she can also pursue a claim for their injuries and damages against the at-fault party.  As a no-fault state, it is commonly misunderstood that the liable party cannot be pursued.  In fact, Florida law provides bus victims who suffer a more serious injury recourse for their injuries and damages recourse against the at-fault party.  To successfully pursue a recovery the bus injury victim needs to establish that another person owed the injured person a duty of care, failed to abide by that duty and as proximate result of such carelessness caused harm and other damages. .

The Statute of Limitations and Insurance Claim Deadlines

The statute of limitations in Florida used to be one of the most victim-friendly laws in the country. However, all that changed for accidents occuring on and after March, 24, 2023 when Florida law shortened the statute limitations for personal injury claims from four years down to just two years.  Accordingly, injury victims across the state will now have a maximum of two years from the date of the accident to file their negligence claims. 

However, if a bus accident happened before the March 24, 2023 change, the prior four-year statute of limitations time frame will apply. For this reason, it is important to discuss the exact deadline with an experienced bus accident attorney who will ensure claims are filed in a timely manner. 

Modified Comparative Negligence

Just like the statute of limitations for personal injury claims changed in 2023, so did the state’s position on contributory negligence, Contributory negligence is legal terminology that simply places some portion of the carelessness for the accident and resulting injuries upon the injured party too.  Before the law changed, Florida used to follow pure comparative negligence laws. This allowed injury victims to seek reimbursement for their damages no matter how much their percentage of liability might have been (for example, injured persons could be 99% at fault and still recover 1% of their damages).  

However, now, accident survivors are prohibited from recovering compensation for their damages if their percentage of blame exceeds the state’s 50% threshold.  Florida now follows modified comparative negligence laws. If an injury victim’s percentage of blame is less than the bar limit, they can be awarded damages and have their portion of fault deducted from their settlement.

Florida Bus Accident FAQ

Bus accident claims can be confusing when injury victims are still trying to recuperate from the traumatic event. It is our goal to ensure our clients feel confident and ready to hold the liable party accountable to the fullest extent of the law. For that reason, we have answered some of the most commonly asked questions regarding bus accidents and personal injury claims in Florida below. Any additional questions potential clients might have can be discussed in greater detail during a 100% free consultation.

What is the average settlement for a bus accident in FL?

There is no average settlement for a bus accident in Florida. Many injury victims may wonder what the average settlement is because they are looking to find out how much they could expect to recover. Because every accident involves a unique set of facts and circumstances, it’s not possible to come up with an average settlement .  Moreover, shortly after an accident occurs and depending on the injury involved, it can also take time to gain an understanding of the nature and extent of an injury victims damages. For these reasons, those interested in learning more about the value of their claims should speak with one of our experienced bus accident attorneys. 

How much will it cost to hire a bus accident attorney?

Injury victims working with our bus accident lawyers at Luhrsen Goldberg will not have to pay anything upfront to hire an attorney. This is because we work for our clients on a contingency fee basis. Our work is done based on the understanding and agreement that unless and until we can obtain a settlement or award for our clients, the clients owe us nothing.  Upon such a recovery, our contingency fee is based on a percentage of such awards.  Similarly, we cover expenses and case costs as they arise over the course of injury victims’ cases, and in exchange, will recover such costs only if we obtain a recovery.  (Put differently, if we lose, our clients will not have to pay anything for our legal services or the cost we put into building their case).

What types of injuries do bus accidents cause?

Bus accident victims do not necessarily need to have suffered life-threatening injuries to qualify for a personal injury claim or insurance settlement. However, the injury should be impactful in some way, whether that be emotionally, physically, psychologically, or financially. Some of the most common types of bus accident injuries our firm has handled include:

  • Traumatic brain injuries
  • Whiplash
  • Spinal cord injuries
  • Loss of limb
  • Post-traumatic stress disorder (PTSD)
  • Burn injuries
  • Broken and fractured bones
  • Anxiety and depression
  • Internal injuries
  • Neck injuries
  • Back injuries
  • Shoulder injuries
  • Dental trauma
  • Facial injuries
  • Hip injuries

Connect With Our Florida Bus Accident Attorneys Today

Although several parties could be found responsible for the victim’s injuries, this may increase the likelihood of recovering maximum compensation for damages and suffering. Injury victims should never let fear or intimidation of the claims process prevent them from fighting for their rights and protecting their futures. 

When survivors have a knowledgeable Florida bus accident attorney at Luhrsen Goldberg working for them, they can focus on recuperating while our team works diligently to build a compelling case and get the most out of the victim’s insurance settlement and civil claim. Those ready to advocate for their rights can take action by requesting a free, no-obligation consultation. Reach us by phone or through our convenient contact form to get started as soon as today.