Can You Sue the City in a Bus Accident Case?

Various types of public transport are used on a daily basis across many cities in the country. In Florida, bus travel plays a significant role in the overall public transportation system. Bus transportation can be a faster, more convenient, and affordable mode of transport in comparison to car travel. Bus transportation is used across Florida by commuters, school children, and tourists on a daily basis.

However, just like trucks, motorbikes, and cars, buses can also be involved in accidents resulting in injury and sometimes wrongful death. Unfortunately, an alarming amount of reports are filed involving bus collisions. This tends to be the result of negligence and a lack of safety measures being in place. The outcomes of a bus accident tend to be far worse than a car collision. This is due to the size of the vehicle and the fact that it is transporting a greater number of passengers.

If you or a loved one has been injured in a bus accident in Florida, you can file for compensation by filing a bus accident injury claim. If you are suffering any pain as a result of your injuries, you may recover damages such as your medical costs, lost wages, and emotional suffering. Call us for free at The Law Place. Our experienced personal injury lawyers are ready to assist you with your lawsuit.

Contact us now for a free consultation on (941) 444-4444.

Repercussions of Being Involved in a Bus Collision

Bus transportation is deemed a safe mode of travel; otherwise, it would not be used by millions of travelers, commuters, and school children. There are fewer reports of bus accidents than cars, trucks, and motorbike accidents.

Nonetheless, bus accidents can still occur and tend to result in far greater injuries. If you have ever used bus transportation, you will know that it is very different than traveling by car. Not only is the vehicle much larger, but its safety measures and standards are also different too. For example, most buses are not equipped with airbags and seat belts. Also, the construction of buses plays a part in the high risk of injury, as their center of gravity makes them more susceptible to rollovers. Therefore, although there may be far fewer incidents involving bus transportation, the injuries incurred may be far more severe than a standard car accident.

Furthermore, determining who is responsible becomes complicated as numerous parties may be involved. Although, the bus driver is likely to be primarily at fault for the accident, which means that the transportation company could be liable to numerous claims made by individuals.

Knowing what procedures to take after a bus accident can be unclear for the injured victim, which is why we recommend contacting an experienced bus accident lawyer to represent you. The experienced team at The Law Place can help answer any questions you may have.

Reporting a Bus Accident

Accidents can be the result of various reasons, a distracted driver, malfunction of the vehicle, another driver and/ or a pedestrian on the road, etc. Following any type of vehicle accident, including a bus accident, there are measures that need to be taken in order to report the incident. In order to submit a case, you will need to take these steps and provide the following information:

• Emergency Response – Following a bus accident, the first thing you need to do is seek medical advice. It is the responsibility of the bus staff to contact the emergency services if they are in the right state to do so. If not, you or another passenger should call 911.
• Law Enforcement – Not only should you contact the emergency services, but you must also contact the police, in accordance with Florida Statute 316.062, so that a report can be documented.
• Documentation – If you are able to, it is advised to gather evidence at the scene by taking photographs.
• Witnesses – If you are fit to do so, you should get the names and contact details of other passengers on board, the driver, and anyone else who may have been a witness to the incident.
• Report – Whilst the information is still fresh; it is a good idea to write up a self-report to include any information you may remember from the accident, such as road and weather conditions.

In order to help your claim, it is important to collect as much information as possible, especially whilst it is still clear in your mind and those of any potential witnesses, as memories tend to fade with time. However, seeking medical attention before anything else is of the most importance. Medical aid must be taken after an accident even if you do not have any visible injuries, you may potentially have internal ones, or they may be masked by adrenaline.

Furthermore, some injuries, such as ones to your back, spine, and brain, may develop over time. It is vital to get medical help and to keep any documentation to aid you in making a valid claim and receiving the full compensation you deserve. In order to file a lawsuit, you will be required to provide the above information. The lawyers at The Law Place will use this evidence to provide you with legal advice and produce a strong lawsuit.

Public vs. Private Bus Accidents: Understanding the Differences

When it comes to bus accidents, the distinction between public and private can significantly impact the legal process and outcomes for victims seeking compensation. Understanding these differences is crucial for anyone involved in a bus accident, as it influences the approach to filing claims, negotiating with insurance companies, and pursuing legal action.

Public buses are typically operated by government entities, such as city or county transportation departments. When an accident involves a public bus, victims are essentially dealing with a government body, which introduces specific legal challenges due to sovereign immunity and specific procedural requirements. For instance, claims against public entities often require adhering to strict notice periods and facing caps on the amount of damages that can be awarded.

Conversely, private bus accidents involve buses owned and operated by private companies or individuals. This can include charter buses, tour buses, and school buses operated by private entities. In these cases, victims are dealing with private insurance companies rather than government bodies. The legal process more closely resembles that of standard personal injury claims against private parties, without the additional layers of complexity associated with public entities.

One of the key differences in handling these cases is the negotiation process with insurance companies. In private bus accidents, victims or their attorneys can negotiate directly with the private insurance providers for compensation. These negotiations can cover a range of damages, including medical expenses, lost wages, and pain and suffering. The process allows for more flexibility and typically follows the standard practices of personal injury claims.

However, dealing with insurance companies, whether public or private, can be a daunting task. Insurance providers often employ tactics to minimize payouts, prolong the settlement process, or deny claims altogether. This is where hiring a lawyer becomes invaluable. An experienced attorney can navigate the complexities of both public and private bus accident claims, ensuring that victims’ rights are protected and that they receive fair compensation for their injuries and losses.

The Impact of Florida’s No-Fault Law on Bus Accident Claims

Under Florida’s no-fault insurance system, drivers are required to carry Personal Injury Protection (PIP) insurance. This coverage is designed to pay for medical expenses, lost wages, and other specified benefits regardless of who was at fault in an accident. In the context of a bus accident, this means that if you are a passenger vehicle occupant involved in a collision with a city bus, you would typically turn to your own PIP coverage first for compensation for injuries.

While PIP provides immediate benefits for medical treatment and other expenses, it does have its limitations. PIP coverage is capped at a certain amount, and it does not compensate for non-economic damages like pain and suffering. Additionally, PIP only covers a percentage of lost wages and medical bills, leaving accident victims to cover the remainder out of pocket.

If your injuries from a bus accident are severe, resulting in significant medical expenses, loss of income, or permanent disability, you may need to seek compensation beyond what PIP provides. Florida’s no-fault law allows individuals with serious injuries to step outside the no-fault system and file a personal injury lawsuit against the at-fault party, which, in the case of a city bus accident, could be the city’s transportation department or the bus driver.

For a bus accident victim to pursue a claim outside the no-fault system, it must be established that the other party (such as the bus driver or the city) was at fault for the accident. This involves proving negligence, such as showing that the bus driver was operating the vehicle recklessly or that the city failed to maintain the bus properly. An experienced bus accident attorney can help gather the necessary evidence and build a strong case to support your claim.

Understanding Florida’s New Modified Comparative Negligence Law

Florida’s approach to handling personal injury claims has undergone a significant change with the introduction of the new modified comparative negligence law in 2023. This shift from a pure comparative negligence system to a modified one has important implications for personal injury plaintiffs and defendants alike.

Modified comparative negligence is a legal doctrine used to allocate fault among parties involved in an accident. Under this system, each party’s financial compensation is adjusted based on their percentage of fault in causing the injury. If you are a plaintiff in a personal injury case, your ability to recover damages now hinges on whether your share of fault is 50% or less.

Under the new law, the way compensation is awarded in Florida personal injury cases has changed. Previously, under pure comparative negligence, you could recover damages even if you were found to be 99% at fault, albeit a significantly reduced amount. Now, if you are found to be more than 50% responsible for your own injuries, you will not be eligible to receive any compensation from the other parties involved.

For those represented by legal counsel, the strategy in court will focus heavily on demonstrating that your level of fault does not exceed 50%. Your attorney will work diligently to challenge any claims or evidence suggesting a higher degree of fault on your part. This involves meticulously reconstructing the accident, gathering compelling evidence, and presenting a strong argument to minimize your share of the blame.

Damages You May Be Able to Claim

In the aftermath of a bus accident, understanding the types of damages you may be entitled to claim is crucial for ensuring you receive the compensation necessary to cover your losses and aid in your recovery. Here are some of the common damages that victims can pursue:

• Lost Wages – Compensation for any income you lost due to your inability to work following the accident. This includes missed salary, wages, bonuses, and other benefits. If your injuries impact your ability to earn income in the future, you may also claim for loss of earning capacity.
• Medical Expenses – Reimbursement for all medical-related costs resulting from the bus accident. This covers emergency room visits, hospitalization, surgery, medication, rehabilitation, and any ongoing medical treatments or therapies required for your recovery.
• Pain and Suffering – Compensation for the physical pain and emotional distress you have endured because of the accident. This can include anxiety, depression, loss of enjoyment of life, and the overall impact of the physical injuries on your daily life.
• Property Damage – If personal property was damaged or destroyed in the accident, such as your vehicle, clothing, or electronic devices, you can claim the costs of repair or replacement.
• Loss of Consortium – If the accident has negatively affected your relationship with your spouse or partner, you may be entitled to compensation for loss of companionship, affection, and support.
• Rehabilitation Costs – Expenses associated with physical therapy, occupational therapy, counseling, and other rehabilitative services necessary to help you recover from your injuries.
• Funeral and Burial Expenses – In the tragic event that the bus accident leads to a fatality, the deceased victim’s family can claim costs associated with the funeral and burial.
• Punitive Damages – While not available in all cases, punitive damages may be awarded in instances of gross negligence or intentional misconduct to punish the wrongdoer and deter similar behavior in the future.

It’s important to note that the types and amounts of damages you can claim will vary based on the specifics of your case, the extent of your injuries, and the jurisdiction in which the accident occurred. Consulting with an experienced attorney can help you understand the full scope of damages applicable to your situation and ensure that your rights to compensation are fully protected.

Dealing with Insurance Companies: The Advantage of Hiring a Lawyer

Negotiating with insurance companies after an accident can be a daunting and complex process. These companies have vast experience in minimizing payouts and can employ various tactics to undervalue or outright deny legitimate claims. For individuals recovering from injuries, dealing with insurers can add unnecessary stress and may lead to accepting settlements far below what is fair or needed for proper recovery.

This is where the significant advantage of hiring a lawyer comes into play. A seasoned attorney understands the intricacies of insurance negotiations and brings a level of understanding and negotiation power that the average person simply does not possess. When you hire a lawyer, they take over all communications with the insurance company, ensuring that your rights are protected and that you are not taken advantage of.

Lawyers are skilled in evaluating the true value of your claim, taking into account not just immediate medical expenses but also long-term care needs, lost wages, pain and suffering, and other damages. They use this information to build a strong case on your behalf and engage in negotiations with a clear strategy aimed at securing the maximum possible compensation.

Moreover, insurance companies are more likely to take your claim seriously when you have legal representation. They understand that lawyers are prepared to take a case to trial if necessary, which can act as a powerful motivator for them to offer a fair settlement. Your attorney can challenge any attempts to downplay your injuries or assign undue blame to you, especially important in states like Florida, where the modified comparative negligence law applies.

Under Florida’s modified comparative negligence law, your compensation can be significantly reduced if you are found partially at fault for the accident. An experienced lawyer can work to minimize your share of fault, thereby maximizing your potential compensation. Without legal guidance, you may find yourself unfairly burdened with a higher percentage of fault, drastically reducing your financial recovery.

In essence, hiring a lawyer allows you to focus on your recovery while they handle the legal and negotiation complexities. They advocate on your behalf, equipped with the knowledge and skills to navigate the negotiation process effectively. This not only levels the playing field but also increases your chances of receiving a settlement that truly reflects the extent of your injuries and losses.

Can You Sue the City in a Bus Accident Case? FAQ

Can I sue the city if I am a victim of a city bus accident?

Yes, if you are involved in a city bus accident, you may have the right to sue the city. However, cases against city or municipal entities involve specific legal procedures and limitations, so it’s crucial to consult with a knowledgeable bus accident attorney to understand your rights and the appropriate steps to take.

What are the challenges of suing a city?

Suing a city or municipal entity involves additional legal hurdles due to sovereign immunity, which protects government entities from certain lawsuits. However, exceptions exist, such as when a government employee’s negligence leads to an accident while performing their job duties. Filing a claim against a city requires adhering to specific procedures and deadlines, making it essential to have knowledgeable legal representation.

What should I do immediately after being hit by a city bus?

If you are hit by a city bus, seek medical attention immediately for any bus accident injuries. Document the scene, take photos, and collect contact information from witnesses. Then, contact a bus accident lawyer as soon as possible to discuss your bus accident claim and ensure that your rights are protected.

How long do I have to file a personal injury claim after a bus accident?

In Florida, you have up to two years from the date of the accident to file a claim. However, when suing the city, there may be additional notice requirements and shorter deadlines, so consulting with an experienced bus accident attorney promptly is essential.

What types of compensation can bus accident victims seek?

Bus accident victims can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and more. The exact compensation will depend on the specifics of your case and the extent of your injuries.

How can a bus accident attorney help me with my claim against the city?

A bus accident attorney can help by investigating the accident, gathering evidence, filing necessary notices, and negotiating with the city’s legal representatives. An experienced attorney understands the complexities of suing the city and can navigate the legal system to advocate for your best interests effectively.

Are there special considerations when suing the city for a bus accident?

Yes, suing the city involves specific considerations, such as sovereign immunity and statutory notice requirements. Cities and municipal entities have certain protections that can affect your ability to sue. A knowledgeable bus accident attorney can help you navigate these legal hurdles and advise you on the best course of action.

How much does it cost to hire a bus accident lawyer for a case against the city?

Many bus accident attorneys, including those at The Law Place, work on a contingency fee basis. This means you do not pay any upfront costs; the attorney’s fees are a percentage of the settlement or judgment you receive. If you do not win your case, you do not owe any attorney’s fees.

Can city bus drivers be held liable for an accident victim’s claimed injuries?

Yes, if a city bus driver’s negligence or wrongful actions led to the accident, they could be held liable for the accident victim’s injuries. However, since the driver is typically an employee of the city, the city itself may be the responsible party in your personal injury claim.

How can an experienced bus accident attorney improve my chances of success in a lawsuit against the city?

An experienced bus accident attorney can significantly improve your chances of success by providing legal guidance, effectively navigating city-specific legal challenges, and employing strategic negotiation and litigation tactics. Their knowledge can be crucial in securing fair compensation for your injuries and losses.

The Law Place

If you or a loved one has been injured in a public transport accident, you may wish to consult with a personal injury lawyer experienced in public transport accidents. Consulting with a personal injury lawyer is expedient in understanding what rights are granted and what laws the state has in place.

The personal injury lawyers at The Law Place will discuss your options after reviewing the case of your bus accident. We can provide legal representation to ensure you receive a fair lawsuit.

Most cases never go to court, but if yours does, we will be prepared. We are unafraid to sue a bus company or government agency, and we will be ready for the legal battle ahead.

We completely understand that you may be feeling overwhelmed. That’s why we are open 24/7 so that you can schedule a consultation free of charge whenever it is convenient for you. When you have had your queries responded to, you may agree to legal representation, or you can walk away with free legal advice and a greater understanding of your case.

Don’t let pain and suffering sustained in a bus accident go uncompensated.

Arrange a free consultation with a skilled bus accident attorney by calling (941) 444-4444.