Riding the bus is a common and necessary method of transportation in America’s cities and highways. Buses are designed to be sturdy, safe, and convenient, but they are not purely machine-operated so they are subject to human error. When bus accidents happen, serious injuries and even death can occur.
If you or someone you love have been injured in a bus accident, it is imperative that you retain a skilled, knowledgeable attorney to zealously represent you. Filing a personal injury claim against the person or company responsible for your accident may help you recover compensation for your injuries. Call Prosper Injury Attorneys today to speak to an attorney about how I can assist you in getting the compensation you deserve.
Common Causes of Bus Accidents and Associated Injuries
Even though buses appear to be safer than other motor vehicles because of their size and the fact they are driven by trained professionals, they are just as at risk for collision. The factors that cause bus crashes are also similar to those involving other motor vehicles. Some of these causes include:
- Driver distraction or negligence
- Weight distribution problems
- Lack of passenger protection
- Construction problems
- Road conditions
- Inclement weather conditions
- Equipment defects
- Driver fatigue
- Left turns
- Bus fires
- Blind spots
- Excessive speed
- Alcohol
- Prescription drugs
- Illegal substances
- Driver’s lack of training and/or experience
- Unfamiliar roads
Two determining factors of the severity of injuries sustained in a car accident are force of impact and location. Also depending on where an individual is seated will play a role in what kind of injuries he or she will suffer from as well as the severity of injuries. Common injuries that are associated with bus accidents are:
- Burns
- Broken bones
- Fractures
- Back and neck injuries
- Brain injuries
- Spinal cord injuries
- Whiplash
- Lacerations and cuts
- Facial injuries
- Torn ligaments and tendons
- Head injuries (concussions and skull fractures)
- Accidental amputation
- Paralysis
- Death
Statute of Limitations for Bus Accident Claims
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For a bus crash that happened after March 24, 2023, Florida gives you two years from the date of the accident to file a negligence suit against a private bus company or driver (Fla. Stat. 95.11(5)(a)). Older crashes keep the earlier four-year period. A wrongful death claim must be filed within two years of the death, not the crash (Fla. Stat. 95.11(5)(e)). Claims against a city, county or state agency run on their own clock: the written claim must be presented within three years and the lawsuit filed within four years after the claim accrues, and a wrongful death claim against a government body has two years for both the notice and the suit (Fla. Stat. 768.28(6) and (14)).
If a bus was maintained, owned, or operated by the government, a victim’s compensation may be limited. Recovery can be barred because of sovereign immunity which shields the government from liability. The state and its agencies can be sued, but recovery is capped at $200,000 per person and $300,000 per incident (Fla. Stat. 768.28(5)). Payment above those limits requires a claims bill from the Legislature, unless the agency settles within its insurance limits. Before suit, a written notice of the claim must go to the agency and to the Department of Financial Services, except that a claim against a city, a county or the Florida Space Authority goes to the agency alone (Fla. Stat. 768.28(6)(a)).
Florida’s No-Fault Insurance Policy
Florida is a no-fault auto insurance state meaning that when an individual gets into a car (or bus) accident, that person will seek compensation from their own auto insurance company first and sometimes exclusively for injuries sustained in that accident. Being partly at fault does not bar recovery in Florida, as long as you were not more than 50 percent at fault. If you own a car registered in Florida, you almost certainly carry Personal Injury Protection, or PIP. After a crash, PIP pays part of your medical bills and lost wages no matter who was at fault. It does not take away your right to sue. You cannot collect twice for what PIP already covers, but everything beyond that can be claimed from whoever caused the crash. When the no-fault law’s threshold applies, recovering pain and suffering from a driver requires a permanent injury (other than scarring) within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, the significant and permanent loss of an important bodily function, or a death (Fla. Stat. 627.737(2)). Whether it applies depends on the vehicles and coverage involved. One more wrinkle: a county or city bus is not a motor vehicle under the PIP statute (Fla. Stat. 627.732(3)), which changes how a passenger’s medical bills get paid, and any claim against the transit agency runs into the sovereign-immunity limits described above.
PIP pays for the following types of damages arising from bus accident injuries:
- If a victim receives treatment within 14 days of the motor vehicle accident, PIP will reimburse that individual for 80% of all necessary, reasonable, and related medical expenses for treatment of an emergency medical condition
- If an injury that a victim sustains is not considered an “emergency condition,” the victim may be limited to only $2,500 in coverage. If a victim is not treated within the 14 day period, PIP will not cover medical expenses.
- PIP offers coverage from transportation costs for reasonably medically necessary medical treatment.
- PIP will reimburse an individual for 60% of lost earning capacity or 60% of lost income.
- PIP insurance will provide payment of a $5,000 death benefit.
Aside from the $5,000 death benefit, the remaining PIP benefits are limited to $10,000 per person. The State of Florida requires that all private buses and school buses carry PIP insurance.
Miami Bus Accident Attorney
It is easy for victims of bus accident injuries to feel like they are pulled in a million different directions following the crash whether it be staying current with medical bills, talking to insurance claims adjustors, or deciding how to go about recovering damages. It is important that victims focus on healing, but it is also important that parties who were at fault are held responsible for their actions.
If you or a loved one were injured in a bus accident, call Prosper Injury Attorneys to discuss your options. Prosper Shaked will fight tirelessly for your legal rights so that you receive compensation for your injuries. For a free and confidential consultation, call (305) 694-2676 and let us assist you in pursuing your claims.