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Can You Hold a Bus Company Legally Responsible for an Accident in Florida?

January 21, 2025

Bus Accidents

Bus accidents can lead to serious injuries, financial losses, and emotional trauma for passengers, pedestrians, or other drivers involved. If you or a loved one has been injured in a bus accident in Florida, you may wonder whether the bus company can be held accountable for your damages. Under Florida law, bus companies are required to uphold a high standard of safety, and when they fail to meet this obligation, they can be held legally responsible.

When Is a Bus Company Liable for an Accident?

Bus companies, whether private or government-operated, are classified as "common carriers." This means they have a legal duty to ensure the safety of their passengers, pedestrians, and others on the road. When they fail to meet this duty due to negligence, they can be held liable for accidents. Common examples of bus company negligence include:

  • Negligent Hiring or Training: Employing drivers without proper qualifications, training, or a clean driving record can result in accidents.
  • Poor Vehicle Maintenance: Failing to perform regular inspections or repairs on buses can lead to mechanical failures, such as brake or tire malfunctions.
  • Overworking Drivers: Bus companies that pressure drivers to work long hours or ignore regulations limiting driving times can contribute to accidents caused by driver fatigue.
  • Ignoring Safety Regulations: Violating state or federal safety standards for buses, such as overcrowding or failing to equip buses with proper safety features, can increase the risk of accidents.

In these situations, the bus company can be held legally responsible for any resulting injuries or damages. Proving negligence, however, often requires thorough investigation and legal expertise.

How Do You Prove a Bus Company’s Negligence?

To hold a bus company liable for an accident, you must demonstrate that their negligence directly caused your injuries. This involves proving the following elements:

  1. Duty of Care: The bus company had a legal obligation to ensure your safety.
  2. Breach of Duty: The company failed to meet this obligation through negligent actions or inactions, such as poor maintenance or hiring an unqualified driver.
  3. Causation: The company’s negligence directly caused the accident and your resulting injuries.
  4. Damages: You suffered losses as a result of the accident, such as medical expenses, lost income, or pain and suffering.

Gathering evidence is critical in proving negligence. This may include accident reports, maintenance records, surveillance footage, witness statements, and expert testimony. An experienced personal injury attorney can help build a strong case and navigate the legal process on your behalf.

What If the Bus Is Operated by a Government Entity?

Many buses in Florida, such as those operated by city transit systems, are run by government entities. Suing a government-operated bus company is different from suing a private company due to Florida’s sovereign immunity laws. While government entities are generally protected from lawsuits, exceptions exist under the Florida Tort Claims Act. This act allows injured individuals to file claims against government entities for negligence under certain conditions.

However, claims against government-operated bus companies have stricter rules, including:

  • A shorter filing deadline (typically within 3 years for personal injury claims, rather than the standard 4 years for private parties)
  • A cap on damages, which is usually limited to $200,000 per person and $300,000 per accident
  • Requirements to file a formal notice of claim with the government agency before pursuing a lawsuit

Given the complexities of filing claims against government entities, it’s essential to consult with an attorney who understands Florida’s sovereign immunity laws and can guide you through the process.

What Compensation Can You Recover After a Bus Accident?

If you successfully hold a bus company accountable for your injuries, you may be entitled to compensation for various types of damages, including:

  • Medical Expenses: Reimbursement for hospital bills, surgeries, physical therapy, and ongoing medical care.
  • Lost Wages: Compensation for income lost due to your inability to work during recovery, as well as lost earning capacity if your injuries cause long-term disabilities.
  • Pain and Suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life.
  • Property Damage: If the accident caused damage to personal belongings, such as a vehicle or bike, you could recover repair or replacement costs.

The amount of compensation you can recover will depend on the severity of your injuries, the extent of your losses, and the circumstances surrounding the accident. An attorney can help evaluate your case and ensure you pursue the full amount you’re entitled to.

Call Kemp Injury Law for Your Bus Accident Claim

Filing a bus accident claim can be complex, especially when dealing with large bus companies, government entities, or multiple liable parties. A personal injury attorney experienced in bus accident cases can help you:

  • Investigate the accident and gather crucial evidence
  • Identify all liable parties, including the driver, bus company, or third-party contractors
  • Negotiate with insurance companies to secure a fair settlement
  • Navigate the specific legal procedures for filing claims against government entities
  • Represent you in court if a fair settlement cannot be reached

At Kemp Injury Law, we specialize in helping victims of bus accidents recover the compensation they need to move forward. Whether you were a passenger, pedestrian, or another driver, we are here to fight for your rights and hold negligent bus companies accountable.

If you or a loved one has been injured in a bus accident, don’t wait to seek legal help. Contact us today to schedule a free consultation and learn more about how we can assist with your case.

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Winter Haven, FL 33880
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Lakeland, FL 33803
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