Most people have a general understanding of the best steps to take after a car accident with another individual, but what happens when you suffer injuries and damages in an accident with a bus?
Busses fall under common carrier law because they provide transportation to the public for a fee. Common carriers may be public entities or privately owned and operated companies. It’s crucial for anyone who has been in an accident with a bus to understand their options for legal recourse.
If you or a loved one has suffered an injury from a bus accident in Fort Lauderdale, Florida, it’s important to know your rights, especially if the government operates the carrier. The peronsal injury attorneys at The Law Offices of David I. Fuchs have over a decade of experience handling a diverse array of legal disputes, and we have the resources and experience to help navigate our clients through any lawsuit, even those against government entities.
Personal injury lawsuits hinge on the concept of negligence. A plaintiff must prove that a defendant had a duty to act with reasonable care, breached this duty in some way, and this breach of duty caused the plaintiff’s losses. This may seem straightforward in most cases, but common carriers are beholden to a higher duty of care since they provide transportation to the public as part of their business model. Failing to adhere to the highest standards of safety constitutes negligence.
Driver errors like speeding, mechanical failures, and poor driver training place liability on the shoulders of the carrier company. If the common carrier is a public entity, special rules for filing a complaint apply, and it’s very important to act quickly or you could miss the window for filing suit.
Depending on the type of bus that caused the accident, your resulting lawsuit could take many forms. For example, if another driver caused the bus you were riding to crash, you may need to file a lawsuit against that driver. If the bus driver is at fault, you will need to file a claim against the carrier company. However, if the carrier is government-operated, the claim process is much more complex.
Filing a claim against the government requires meeting specific procedural rules, and these rules can vary greatly from state to state. Failing to meet the deadlines or making any errors on your claim could cause you to lose your right to file a lawsuit. If you find yourself in a situation where you need to file a claim against a government-operated carrier, meet with an attorney as soon as possible. Attorneys are familiar with the procedural rules for filing claims against government agencies and working with one will greatly improve your chances of success in your claim.
If you are filing a claim against a government entity, remember that most states place limits on how much compensation you can win from such a case. However, if your lawsuit is against a privately owned and operated common carrier or an individual driver, you have a bit more flexibility. Compensation in personal injury lawsuits for bus accidents can include:
The Law Offices of David I. Fuchs have over a decade of experience representing clients in Fort Lauderdale and the surrounding area, so let us know how we can help. Bus accident cases can be complicated, especially when a government entity is involved. Reach out to our team to schedule your free consultation so we can let you know how we can help.