Fort Lauderdale Bus Accident Lawyers
When it comes to public transport in Fort Lauderdale, the bus is one that allows us to move from point A to point B while not having to worry about parking and also helping the environment by taking one car off the road. In terms of accidents, buses are relatively safe compared to some modes of transport, but they can occur due to a number of factors.
Whenever a bus crash occurs, bus accident injuries can affect the driver just as much as the bus passengers. What’s more, other motorists and pedestrians can also get caught up in the incident and today we’re going to discuss how Florida law works in terms of bus accidents and making compensation claims.
Finding Liability
When a bus accident occurs, an investigation will be carried out by the insurance company in addition to the police authorities; the bus company could also launch its own investigation. Though all three of these will be slightly different, they’ll all have the same goal of finding liability and assessing the fault factors. These days, there are some common causes of bus accidents;
- Drivers under the influence of drugs or alcohol
- Fatigued drivers who shouldn't be behind the wheel
- Overloading the bus
- Drivers with a lack of training or screening
- Buses that haven't been maintained and are in poor condition
Also, we should point out that not all bus accidents are the fault of the bus or their company because pedestrians and other road users can also be to blame. Before liability is found for drivers or the bus company, these factors will need to be assessed, and the cause of the incident found. From here, all compensation claims will be affected by these factors.
Unique Risks
Compared to motorcycles and cars, the risks are lower for passengers, but they’re unique. As a result, this can present certain dangers, and there are two main examples. Firstly, the safety devices seen in trucks, sedans, and SUVs aren't required on a bus. For passengers, they haven't got seat belts, nor do they have access to helmets or airbags. Therefore, there’s a risk of personal injury as soon as a collision is experienced.
Secondly, the risk of the bus tipping over is also much higher than with any other vehicle. Although buses are stronger, their natural design would be a lot wider, but they’re forced thinner to fit onto the road. In extreme weather conditions and some accidents, the bus could easily topple over.
For all compensation claims after Florida bus accidents, these unique risks will always be considered, whether it’s passengers, pedestrians, or other motorists who’ve been injured.
How to Claim
In any bus accident, the claiming process can be difficult without a professional because you aren't sure of how it works, what you need to do, what you need to avoid, and the best practice for achieving the best compensation. Not only will the paperwork be endless, but it can also often be beyond the understanding of the layperson, and one simple mistake can have compensation limited in an instant.
At all times, we recommend leaving the filing process to people with experience and the right skill set to guide you through the process step-by-step. Although compensation will never be guaranteed, even with the most reputable personal injury lawyer in the world, having this help will increase your chances of seeing success significantly.
After experiencing an injury, the last thing you need is trying to wrap your head around all sorts of laws and regulations (let alone the wording!). If you damaged your car, you wouldn't learn how to fix it yourself when there are professional garages that fix cars for a living; the same applies to a bus accident attorney.
Depending on the bus crashes in question, different scenarios can play themselves out, and there are three main occurrences;
#1: Other Road Users
If a driver of another vehicle is to blame for the incident, a third-party claim can be placed with their insurer. If you’ve been injured, you’ll be looking to recover lost income, medical expenses, and possibly some others too.
#2: Private Bus
What is the driver who is at fault with a private bus company? Well, the claim will normally go to the company or even the insurer. As you work with the city bus accident lawyer, they’ll assess the best option for your particular circumstance.
#3: Bus Driver
If the driver is to blame in regular bus service, this is where things can get complicated. As you may know, the majority of school district buses and public transportation buses are owned by the government and its many entities.
Therefore, the bus accident case needs to be handled carefully and in the right way. For the government, they’re used to dealing with these issues since nearly 38% of all bus fatalities come from school bus incidents.
If your compensation claim is denied, you need to file a personal injury lawsuit with the appropriate court and this is something with which we can help. Unless bus accident victims have full knowledge of this corner of the law, time to prepare the documents, the skill to take on the guilty party and win, and knowledge of how the court process works, a reliable bus accidents lawyer is advised. In the past, we’ve seen thousands of people choose to go it alone, and the success rate for these people is incredibly low.
Filing Against the Government
If, for example, we assume the bus involved in the Fort Lauderdale bus accidents is owned by the State of Florida, what does this mean for your case? Although it can be complicated, your personal injury claim will need to include the public body or particular employee you’re claiming against. From here, full details of the incident will be required, along with the contact information of the individual claiming.
Depending on the jurisdiction in the State of Florida, there may be a statute of limitations, and this rule lays out the time one has to file a claim after an incident. As long as the claim is filed in time, there will be no prejudice to either side during the claim. If it’s been a while since your incident, make sure your personal injury lawyer knows, so they’re aware of the time frame you’re working with.
When filing against the State of Florida and its agencies, employees, or instrumentalists, there are some important considerations to remember;
- A compensation claim can be filed if somebody has been injured by a government agency (or an employee) as long as the injury was a result of the bus driver's negligence, omission, or wrongful act.
- Within the Florida Statutes Section 768.28, the State can waive its right to sovereign immunity and agree to be a respondent in a lawsuit. However, this is only available for the torts listed in the Act.
- As we see with the majority of bus accident cases, losses should be recovered with monetary damages.
- If the guilty party (an individual) would have been liable as a private party, they’re also liable as a government employee.
If you’re unsure of the limitations Florida laws place on certain compensation claims, feel free to get in touch with The Injury Firm today, and we can answer your most pressing concerns. When a bus accident injury is caused by a bus accident in Florida, you’re able to receive compensation if negligence can be proven, and it all starts with a call to one of our bus accident personal injury experts!
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