Since 2013, at least 22 major accidents involving Megabus have been reported in the United States. Investigations into these accidents oftentimes found evidence that the bus driver was speeding, was fatigued due to being on the road for hours on end, or even was intoxicated, according to the Six Thirty.

According to the U.S. Department of Transportation, more than 23,000 people suffer serious injuries in bus accidents each and every year. If that was not bad enough, an estimated 12,000 kids are hurt in bus accidents.

Commonly-Reported Injuries in Bus Accidents

When an accident occurs involving a large commercial bus, the ramifications for the passengers can be devastating. This is because passengers on many Megabus vehicles are not afforded the option of wearing a seat belt. This creates a serious risk that passengers will be tossed around and propelled throughout the bus if a collision occurs or a bus tips over. As a result, commonly-reported bus accident injuries include:

• Traumatic brain injuries;
• Broken and fractured bones
• Nerve damage
• Partial or total paralysis
• Torn ligaments
• Internal bleeding
• Facial lacerations

Legal Action After a Megabus Accident

If you or a family member was seriously injured in an accident while riding on a Megabus or other large commercial bus, it is important to sit down with an experienced Miami bus accident attorney to discuss your legal options.

Establishing liability in a commercial bus accident can get complicated very quickly. This is because liability may extend beyond just the driver. In fact, liability will likely extend to the bus company and potentially other third parties. Here is a brief overview of the potential defendants in a commercial bus accident injury case:

• Driver of the Megabus: If there is evidence that the Megabus driver was distracted, fatigued, intoxicated, or negligent in some other way, they will likely be held liable for causing the wreck.
• Company that Hired the Driver and Owns the Bus: When an employee’s negligence harms a customer, liability extends to the employer under the legal theory of respondeat superior. Therefore, if the bus driver was careless or negligent, the bus driver’s employer is also potentially liable. In addition, commercial bus owners are obligated to perform regular maintenance of their vehicles to ensure they are safe.
• Manufacturer of the Megabus – Liability may extend to the manufacturer due to a design or manufacturing defect that proximately caused the wreck.

Do You Have Questions About Your Legal Rights After a Megabus Accident? Speak to a Miami Bus Accident Lawyer

If you or a family member was seriously injured in a Megabus crash in or around Miami, our personal injury law firm is here to help. Contact the experienced Miami injury attorneys at the office of Alan Goldfarb, P.A. today to schedule a free consultation.

Resources:

thesixthirty.com/news/megabusted-the-terrifying-track-record-of-megabus/

fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2014

Truck accidents have many causes, which range from driver error, driver distraction, equipment failure or failure to properly maintain equipment. The state and federal regulations discussed below seek to decrease accidents and improve public safety:

• Hours of Service Rules

Federal law defines hours of service for truck drivers and limits the number of consecutive hours a truck driver can work without rest. Drivers carrying cargo are limited to a 10-hour driving day and drivers carrying passengers are limited to an 11-hour driving day. Generally, drivers may not work more than 60/70 hour per week in 7/8 consecutive days.

• Distracted Driving Prohibited

Federal regulations have limited the use of cell phone for truck drivers. Under the federal rules, truckers cannot use mobile devices to text. The restriction does not prevent the use of mobile devices. Drivers are allowed to use earpieces, voice activation and one-button features to make phone calls. Similarly, Florida has banned texting while driving but permits the use of mobile devices while driving.

• Following and Passing

Under Florida law, it is illegal for all drivers, including truck drivers, to follow within 300 feet of another vehicle in city limits.

• Alcohol and Drug Testing

Truck drivers are not allowed to drive while intoxicated. Under federal law, it is illegal for a truck driver to drink alcohol for four hours before driving. Additionally, when a truck is in an accident, a driver may not consume alcohol for eight hours following the accident or when the driver takes a blood alcohol test. Additionally, federal regulations require that drivers obtain a negative drug test results before they are hired.

Truck Accident Victims Deserve Compensation

Truck accidents have many causes and it is important to quickly assess whether a driver was fully complying with relevant rules and regulations.

If you have been injured in an accident with a truck in Miami, you will need an experienced truck accident attorney who understands the laws that regulate truck drivers. The truck injury lawyers at our office will use their experience to help you seek full and fair compensation for your losses. Please call Alan Goldfarb, P.A. at (305) 371-3111 or call toll-free at (866)936-9761 to discuss your specific case.

This tragic incident occurred around 6:15 in the morning on July 1st on an otherwise clear morning with no weather problems. Rodriquez was traveling along the Florida Turnpike when his motorcycle broke down and had an accident. Just then, he was hit by a driver who sped off and left him there without stopping, calling the police, or seeking medical help for Luis.

State troopers are confident there were other drivers on the road when this happened, and they may have seen something. Now the family is asking for help from those who possibly witnessed this hit-and-run accident, and they are pleading that the person responsible come forward.

Rodriguez’s sister, Yesenia Barrios, said that her “brother was an exceptional father, an exceptional brother, probably one of the best people you could ever meet.” Rodriguez was looking forward to a new, promising job at a Honda dealership, but now leaves behind grief-stricken and heartbroken family members trying to put all the pieces together.

The family wants to know what happened to their loved one so his child can someday know, and so they can understand why this might have happened. In an a final plea from Barrios, she said “just picture it being one of your family members and what you would have wanted for somebody to do for your family if you were caught in the same situation.”

Hit and Run Accidents are Rising in Number in U.S.

Unfortunately hit-and-run accidents are not an uncommon occurrence in the United States. In a 2013 story by USA TODAY, it was reported that hit-and-run crashes are on the rise. In fact, the number of fatal hit-and-run crashes rose each year from 1,274 in 2009, to 1,393 in 2010, to 1,449 in 2011. This is a shocking trend that wreaks havoc on families everywhere.

Not only do hit and run crashes cause unspeakable tragedies to families and loved ones of victims, but they also can leave financial troubles. There are reasons why Florida and other states require drivers to have insurance, and one of those reasons is so victims can be compensated in the wake of tragic accidents. But when drivers hit and then run from the scene, the families are left behind to deal with all the resulting consequences.

The family of Rodriguez is being represented by our firm, Alan Goldfarb, P.A. At a news interview in his downtown office, Alan Goldfarb said that he is certain Rodriguez was alive after the motorcycle broke down, and that it was the hit-and-run driver who caused the death.

Now the family, police, and the family’s attorneys are asking that anyone with any information about the hit-and-run accident contact the police.

• Actual damages – the to-the-penny losses a plaintiff has actually suffered.
• Future damages – the damages that will continue to accrue because of what happened. These kinds of damages are common in personal injury cases because the consequences of a personal injury can be long lasting and extend well into the future.
• Pain and suffering – just like it sounds, these damages try to compensate the victim for how the accident or injury has made them feel, and the non-economic impact it has had on their life.

There are other types of damages as well, but this article will explain a very important class of damages: punitive damages.

Punitive Damages

Punitive damages are designed as a punishment. And that is what punitive damages tries to do – punish the wrongdoer in a case for how he or she acted. Beyond seeking to punish a wrongdoer, the application of punitive damages in a case seeks to prevent future misconduct by sending a warning to other people and companies that if they act similarly, they could face steep and heavy financial consequences. One example of this was a case involving the tobacco industry. In a 2000 Florida personal injury case against the tobacco industry, several Florida plaintiffs successfully received a punitive damages verdict for $145 billion. The jury in that case felt that the industry had acted so badly, that they deserved to punished for over a hundred billion dollars. The Florida Supreme Court threw out the verdict, but the number and lesson remain the same.

Elements to Florida Punitive Damages

As we discussed above, punitive damages are not necessarily attached to every case brought before a jury. In a simple car accident case, for example, a negligent driver who simply made a mistake of braking too late will not likely face punitive damages for his conduct. For a plaintiff to successfully win a punitive damages case he or she must show that the defendant acted with one of two things: intentional misconduct or gross negligence.

Intentional misconduct is fairly self explanatory when it comes to punitive damages. To establish it, a victim must show that in addition to causing the victim harm due to their misconduct, the defendant knew that their actions were wrong, and knew the actions would cause harm. Often times we see this kind of case in corporate cover-up schemes where the company knew that their product was bad for the public, but in order to make money they sold it anyways and it hurt people as a result.

Gross negligence is another way that a plaintiff can establish punitive damages. In a gross negligence case, the plaintiff has to show that the defendant’s actions were so wanton and reckless that it is equivalent to know that the actions were wrong and that it would cause harm to the defendant. These types of cases are common where it is difficult to provide a smoking gun, but where the acts speak for themselves and should be punished.

Reach Out to an Attorney in Miami

Everyday in the Miami area people are hurt because of the mindless acts of others. Whether it is distracted driving, simple negligence, or a corporate cover-up, the attorneys at Alan Goldfarb P.A. are ready to fight for the victims of those incidents. We have a practice dedicated to recovering damages suffered by victims in Miami-area personal injury cases.

Florida’s Uninsured Motorists Options

If you are in an accident with an uninsured motorist in the Miami area, your options on how to deal with the accident and pay for the damages will be limited. Those options are even more limited when the uninsured motorist is the driver at fault. One of the options is to have your insurance pay for it. But what you can recover from your own insurer will be limited by the coverage minimums on your policy. While every Florida insurance policy will have minimum coverage amounts established by law, you do not have to subscribe to the minimum. In fact, you can get an uninsured policy that will go a long way to cover the bills that are incurred.

A typical, minimum policy will cover your bills to the tune of $10,000. But when you think about it, that could be very low when you consider what a bad accident would cost. After a bad accident you will have hospital bills that could easily approach if not exceed $10,000. And if it is a bad enough accident that you have to miss work or pay to replace your car, then $10,000 will not likely cover the extent of the expenses you incur. And those expenses will generally keep piling up. These and other reasons are all evidence that carrying an uninsured policy for your own protection is a good idea.

Another option is to sue the uninsured motorist who caused the accident. But this option has its own set of problems. Most significantly, uninsured motorists may not have much money, so even if you can prove they were at fault in court, you may not be able to recover any actual money to pay your bills.

Contact Us Today for a Consultation

The evidence shows that uninsured driving is a problem in Florida. With the second most uninsured drivers in the country on Florida’s roads, every responsible driver should think about supplementing his or her current policy to include uninsured coverage in an amount that will cover expenses in a difficult situation. No matter what coverage you have, if you are in Miami and are in an accident, contact attorneys with the experience needed to evaluate your case professionally. The attorneys at Alan Goldfarb P.A. dedicate their practice to fighting for victims of accidents in the Miami area.