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Bus Accident Victims Should Be Compensated for Their Injuries

Jeffrey R. Davis

If you’re in a bus during an accident or outside it and struck, you may be able to obtain compensation for your injuries. Florida’s negligence laws apply in these situations, and the facts of your case primarily drive your chances of success. 

Does It Matter What Kind of Bus is Involved? 

Buses of all shapes, sizes, and owners could be subject to an insurance claim or personal injury lawsuit. It could be: 

  • The bus driving your child to school 
  • The municipal bus getting you to work 
  • The Department of Corrections bus moving inmates from one facility to another 
  • The commercial bus hauling tourists from site to site 
  • The shuttle bus transporting you to an airport terminal 

The type of vehicle isn’t as significant as what happened, why, and how you were injured. 

Who Might Be at Fault? 

If you’re on the bus during the accident and injured, the facts may show the that bus driver, the bus owner, or another driver played a role in the accident (maybe all three). If you’re struck by a bus while in a vehicle, on a bicycle or motorcycle, or as a pedestrian, and the driver was not operating the bus safely, the bus was improperly maintained, or both, you may have a legal basis to seek compensation for your injuries. 

Liability could be based on several scenarios: 

  • The driver was distracted, tired, intoxicated, speeding, or ignoring stop signs or lights 
  • The bus owner did not hire a qualified driver, failed to properly train them, allowed a driver with a poor safety record to continue driving, or failed to safely maintain or repair the bus 

Potential blame is only limited by the facts of your situation. 

Can I Be Blamed for the Bus Accident or My Injuries? 

Under Florida’s new comparative negligence law, your legal action can’t succeed if you’re more than half the cause of the accident and injuries. This shouldn’t be an issue for passengers (unless you’re doing something unsafe and distracting the driver). You have no control over the bus, and there are probably no seat belts to use. 

If you’re injured and outside the vehicle, the defendant’s insurance company will investigate your actions before the accident.  

  • As a pedestrian, did you cross in the middle of a street, not on a crosswalk? 
  • Were you driving your car above the speed limit? 
  • While riding your bike, did you ignore a red light? 
  • If you’re riding a motorcycle, were you wearing a helmet? 

The plaintiff’s share of the fault could proportionately reduce their recovery, thanks to the comparative negligence law. If you act responsibly on the bus and are just “along for the ride,” this shouldn’t be an issue. However, if after the accident, you fail to seek prompt medical attention and ignore instructions or guidance on treating your injury, and your condition worsens, a defendant could claim they shouldn’t pay for your mistakes. 

Injured in a Bus Accident? Jeff Davis Can Help     

Jeffrey R. Davis, P.A., is a Miami personal injury law firm helping accident victims, including those injured in bus accidents, obtain the compensation they deserve. Call us today at (305) 577-3777 to schedule a free consultation. 

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