Because Florida observes a no-fault system, the only way a person may be able to pursue a personal injury lawsuit after a bus accident is if their injuries fall into the serious injury category. Since a bus is a large and heavy motor vehicle that can carry more than 10 passengers, including the driver, there is an increased potential for larger monetary damages if litigation occurs, compared to that of a single motor vehicle accident. Negligence will need to be proven and fault could be placed on a bus driver, an owner, a manufacturer mechanical error, weather, other drivers or a transportation route itself. Passengers, pedestrians, and other motor vehicle operators should know what actions to take if they are involved in a bus-related accident that negatively affects someone’s livelihood, their own livelihood, and results in damages to their person, property or ability to earn wages.
Parties to sue.
Driver of other vehicle;
Owner(s) of bus as employer;
Driver of bus;
Commercial insurer of bus;
Regulatory agency supporting bus safety on issues of bus manufacturer and parts manufacturer;
Licensing agencies of privately owned and public transit vehicles, city, county or state.
Damages.
1) compensatory damages causing economic (loss of wages, medical bills, and property damage) and non-economic loss to victim (pain and suffering); and 2) punitive damages meant to punish the persons being sued (Defendants).
Seeking professional counsel to navigate through the legal process regarding bus accidents toward a positive outcome is suggested.
Bus accident causes.
A lack of proper training for bus drivers;
Driving under the influence of drugs or alcohol;
Talking on the phone or texting while driving;
Limitations to bus driver visibility;
Aggressive driving techniques, speeding or dangerous maneuvering of bus;
Sudden acceleration or braking;
Poor bus maintenance;
Fault of other driver of vehicle.
Mandatory Insurance.
State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL). The Florida No-Fault Law requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000. Florida follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you.
Statute of Limitations.
Florida has a four (4) year statute of limitations for property damage and personal injury claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the four (4) year period following the accident.
Legal counsel may help.
If you are involved in a bus accident in Miami Florida, Orlando R. Murillo, P.A. is a personal injury lawyer who has experience with complex insurance claims and litigation toward settlements to cover damages and injuries after a bus accident in Miami.
Orlando R Murillo P.A.
Miami Office
7350 SW 89th Street, Toscano Building
Suite 100
Miami, Florida 33156 Phone: 786-530-4288
