Types of Bus Accidents

There are many types of bus accidents that involve school, public and commercial buses. These accidents occur when buses collide with cars, pedestrian or cyclists. Some of the more general bus accidents include accidents as a result of the following:

• High-Speed Collisions: when a bus has a collision on the highway, it is likely to be a high-speed wreck, wherein the bus may lose control and overturn. A full investigation will require authorities to examine driver error, road conditions and potential bus equipment malfunctions. Many public and commercial buses have cameras inside them that may allow authorities to see what occurred during the accident.
• Mechanical Breakdowns: If a bus breaks down on the highway, the driver may lose control of the bus and collide with other cars. Accidents may also occur if a bus breaks down and passengers are injured getting on or off the broken-down bus.
• Low-Speed Accidents: accidents are likely to happen with a city bus at a lower speed. While these accidents happen at a lower speed, they may be equally as dangerous. Low-speed accidents may include a collision with a car pulling away from the curb or an unexpected collision with a biker. These accidents can also happen when buses are moving and unseen pedestrians are struck.

Bus Drivers Have a Duty of Care

Buses can cause serious and sometimes fatal injuries. Depending on the circumstances, victims of bus accidents may have a basis for a personal injury or wrongful death claim. The key to both claims will be determining if the bus driver or someone else was careless or negligent. Under Florida law, bus drivers have a duty to drive responsibly and prevent overcrowding. If careless driving causes passengers to fall and suffer injuries or results in a bus collision, the bus driver and company may be held responsible.

Let us help you with Your Bus Accident Claim

Bus accidents can cause devastating and life-changing injuries. However, determining the cause and responsibility for a bus accident is complex. If you have been injured as a passenger on a commercial, public or school bus, contact the Miami bus accident attorneys at the office of Alan Goldfarb, P.A. We can advise you on your lawsuit and help ensure you are fairly compensated for your injuries. Please contact us today at 866-936-9761, to schedule a consultation.

Mass Transit Systems have a Higher Duty of Care

Miami’s public transit system operates a wide variety of vehicles. We are most familiar with buses and trains; however, public transit agencies also operate school buses, shuttle buses, vans and ordinary cars.

Under Florida’s bus seat belt safety law, school buses are required to have safety belts. This ensures that students are safe while traveling. Other forms of mass transit do not have safety belts. Still, we generally feel safe using mass transit and expect to arrive at our destinations. It should be no surprise that mass transit systems have a higher duty of care, which include:

• Making exits and entryways safe;
• Ensuring the health and safety of passengers by providing security;
• Hiring qualified personnel to operate the vehicles;
• Maintaining the vehicle’s engine, motor, and machinery; and
• Monitoring and correcting vehicle design flaws.

Accidents Still Occur on Mass Transit

Even though mass transit systems have a higher duty of care, accidents still occur. The most common types of public transportation accidents include collision with other vehicles and other objects. Because there are not many safety devices, passengers collide and bump into each other, resulting in injuries. The most common injuries include:

• Whiplash;
• Sprained and torn ligaments;
• Back injuries;
• Spinal cord injuries;
• Cuts, bruises, and scrapes;
• Broken bones;
• Severed limbs;
• Scarring;
• Brain injury;
• Internal injuries;
• Scalp injuries;
• Brain concussions;
• Carbon monoxide poisoning; and
• Death.

Victims of an accident while on mass transit may also require psychological services and rehabilitation (e.g. physical therapy, occupational therapy, speech therapy). Insurance may not provide the coverage needed to fully recover from an accident. Additionally, insurance will not reimburse victims for wages lost while recovering.

Mass Transit Litigation is Complex

Mass transit injury cases are complex. The cause of an injury sustained while traveling on mass transit could be due to driver error, distracted driving, driver fatigue, aggressive driving, speeding, unruly passengers, faulty equipment or failure to maintain equipment. Navigating a personal injury claim involving mass transit requires the skill of a mass accident attorney.

Victims of Mass Transit Accidents Deserve Compensation

If you are a passenger and injured in a public transportation accident, you have the right to compensation for your losses. Alan Goldfarb, P.A. has extensive and successful experience in personal injury law. The Miami mass transit attorneys at our office can provide you and your loved ones with advice and counsel on your legal options after a bus, train or mass transit accident. Contact us to schedule a free consultation with our office by calling (305)-371-3111.

Bus Accident Litigation Generally

When you initiate legal action after being injured in a bus accident, the first thing to consider is who/what entity should be held responsible. If you are on a private charter, that may be the driver, the company, or its affiliates. Sometimes your ticket may discuss legal limitations or waivers of liability—these statements do not necessarily, and often do not, preclude bringing legal claims. Private companies are usually easier to bring legal action against since there are clear parties responsible for injuries.

Consequently, determining the liability in a public transit accident can be much more difficult. From a legal perspective, a concept called sovereign immunity can severely limit the liability of public transit drivers, imposing time restrictions, claim preclusion, and other limitations on legal claims arising from injuries allegedly caused by public transportation drivers. Similar to the contract limiting liability on the back of a private bus ticket, these limitations do not mean you cannot bring a lawsuit—it simply means there are more hoops to jump through than if you were suing a private company.

Types of Actions

The type of legal action you may wish to bring will depend on the nature of the accident or injury. The two most common claims in bus accident litigation are negligence and products liability.

Negligence

Negligence is a concept where, given the nature of a relationship, someone has a responsibility to do something for someone else and failed to do it. A bus company has a duty to ensure that passengers on their bus remain safe in transit. Such companies must anticipate possible hazards and pre-emptively ensure they are dealt with. The duty extends to safety features of the bus itself, but also security measures for passengers on board. The bus company has a responsibility to its passengers to make sure problem patrons do not threaten the physical safety of others on the bus, do not jeopardize the use of safety features (blocking exits with belongings, etc.), and to make sure the drivers are free from distraction. This duty extends to other drivers on the road, in addition to pedestrians.

Products Liability

Products liability is a legal action in which there is an alleged design defect or flaw that caused injury to a person. A products liability lawsuit in the context of a bus accident may include faulty seatbelts, inadequate railings for grip, use of non-safety glass, or manufacturing issues. These lawsuits may implicate other people and entities, such as a mechanic who worked on the bus, the person who installed the seats, or the company hired for the last safety inspection.

Miami Bus Accident Attorneys

Bus accident litigation requires that potential claims be brought quickly and effectively. This legal protection afforded to public transit drivers under sovereign immunity in particular sets limitations that require experienced, knowledgeable bus accident attorneys that know how to navigate this area of the legal system. At Alan Goldfarb, P.A. you can rest assured that our experienced trial attorneys know the most effective avenues for pursuing your legal claims to ensure the most favorable outcome. If you or anyone you know has been injured in a bus accident in Miami, you may be entitled to compensation. Contact our Miami offices today.