When you’re on a bus, you expect to reach your destination safely. Unfortunately, this isn’t always the case. If you sustained injuries in a bus accident, can you sue a bus company for injury? In most cases, the bus company can be held responsible for your injuries, but there may be other parties that are also liable.
It is important to speak with an experienced bus accident lawyer to find out what your best course of action would be. Be sure to schedule a free consultation with Jared Spingarn, a personal injury and bus accident attorney in Hallandale Beach who has tons of experience handling bus accident cases. This article will discuss who can be sued in a bus accident and the process of taking legal action.
Who is liable in a bus accident?
The first step in taking legal action is to determine who is liable for your bus accident injury. In most cases, the bus company will be held liable. This is because bus companies are required to maintain their buses and ensure that they are safe for passengers.
However, there may be other parties that are also liable for your injuries. For example, if the bus was involved in a collision with another vehicle, the other driver may be held responsible. If the bus company was negligent in hiring or training the driver, the company will be held liable. But if the driver was driving under the influence, he may be held liable as well.
The bus company is liable when it is negligent in maintaining its buses or ensuring that the proper safety features are in place. For example, if the bus company does not regularly inspect and maintain its buses, this could be considered negligence. In Florida, negligence is defined as the failure to use reasonable care, which is the care that a reasonably prudent person would use in the same or similar circumstances. If the company does not have adequate insurance coverage, this could also be considered negligence. If the bus company is found to be negligent, it can be held liable for any injuries or damages that occur.
The bus driver may be held liable if he or she was negligent in operating the bus. Some situations where a bus driver can be held liable include driving under the influence, distracted driving, speeding, and not following traffic laws.
The other driver involved in the crash may also be held liable if he or she caused the collision with the bus. Negligence is often the main cause of bus accidents, and the driver at fault may be held liable in a bus accident lawsuit.
In some cases, the bus passenger may also be held accountable if he or she contributed to the bus crash. This includes throwing objects inside the bus or causing a disturbance that leads to the driver losing control of the bus.
Can I sue a bus company?
Yes, you can sue a bus company for your injuries if they were caused by the negligence of the company or one of their employees. To successfully sue a bus company, you will need to prove that they were negligent in some way.
There are many ways that a bus company can be held liable. The following are the most common situations where a bus company may be found negligent:
- Failing to properly inspect the bus
- Not fixing defects in the bus
- Not training the drivers adequately
- Hiring unqualified drivers
- Failing to follow traffic laws
What if the bus is owned by a government agency?
Getting in an accident involving a city bus or public transportation means that you will likely be filing a claim against a government agency. In this case, you may still be able to sue for your injuries. However, this can be a more complex process than filing a claim against a private company.
This is because government entities are protected by sovereign immunity. This means that they cannot be sued unless they have given permission to be sued. In most cases, you will need to file a notice of claim before you can sue a government entity.
A notice of claim is a formal document that gives the government entity notice of your injuries and your intent to sue. The government entity will then have a certain amount of time to respond. If they do not respond or if they deny your claim, you will be able to file a lawsuit.
Suing a government entity can be a complicated process, so it is important to consult with Jared’s team of personal injury attorneys before taking any action to sue public transportation. Your lawyer from Jared’s firm will know how to navigate the complicated claims process and ensure that you take the necessary steps to protect your rights.
Filing a Claim against the State of Florida
In Florida, you may file a claim against the state’s public transportation system if there is cause to do so. To go about the process, you must notify the governmental entity within three years from the date of the accident. If you go beyond this period, you will most likely be barred from taking any legal action.
Florida’s Comparative Negligence Rule
In Florida, there is a comparative negligence rule in place. This means that if you are found to be even partially at fault for the accident, your compensation will be reduced by the percentage that you are at fault. For example, if you are awarded $50,000 in damages but you are found to be 10% at fault, your compensation will be reduced to $45,000.
This rule applies to all possible parties who were found to be at fault for the accident. Thus, if you are filing a personal injury claim against multiple parties, the damages may be split among each party based on their percentage of fault.
This is why it is so important to speak with a personal injury attorney from Jared’s law firm when you get into a bus accident. Your lawyer will be able to investigate the accident and determine who is at fault. He or she will also be able to negotiate with the insurance companies on your behalf to get you the compensation that you deserve.
Florida’s No-Fault Motor Vehicle Law
Another law to consider when filing a claim is Florida’s No-Fault Motor Vehicle Law. Under this law, each driver is responsible for their own medical expenses and property damage after an accident and is required to file a claim through their insurance company first. All registered vehicles must carry auto insurance coverage that includes personal injury protection (PIP) and property damage liability (PDL).
This law is in place to help reduce the number of lawsuits being filed for personal injuries and accidents. You may obtain compensation through your PIP coverage for your medical bills and lost wages caused by the accident. However, it must be noted that PIP coverage will only cover the primary medical treatment that you received right after the accident.
There are some exceptions to this rule. If you sustained serious injuries or if the other driver was driving under the influence, you may be able to sue for your injuries.
If you are unsure of whether or not you can sue for your injuries, it is important to speak with a personal injury lawyer from Jared Spingarn’s law offices. They will be able to review the facts of your case and advise you on the best course of action.
How to File a Bus Accident Lawsuit
If you qualify for and decide to sue a bus company, the first step is to file a personal injury lawsuit. This is a legal document that will state your injuries and damages. You will also need to prove that the bus company was negligent in some way.
Once you have filed the lawsuit, the bus company will have a chance to respond. They will likely deny any responsibility for your injuries. At this point, it will be up to you and your lawyer to gather evidence to support your claim. This may include witness statements, photos, videos, and medical records.
Once the evidence has been gathered, both sides will present their case in court. The judge or jury will then decide who is liable for your injuries and how much compensation you should receive.
Suing a bus company can be a complicated process, but it is important to know that you have the right to take legal action if you were injured in a bus accident. If you have any questions about your case, be sure to hire the legal services of Jared Spingarn, Accident Attorney.
Can you sue a bus company for injury? Yes, you can. But, there are a few things to consider before taking legal action. You will need to prove that the bus company was negligent in some way and that your injuries were caused by this negligence. To aid you in your case, contact a bus accident lawyer from the law firm of Jared Spingarn today.
>> If you’re involved in a bus accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 for a Free Case Evaluation or drop a message on their Contact Us page.