If a bus accident in Miami injured you or your loved ones, the Law Offices of Anidjar & Levine can help you pursue compensation for your injuries and financial losses. Bus accidents are complicated matters. Our lawyers know how to wade through the complexities to get you the compensation you deserve.
Our legal team can help you fight for compensation for your medical bills, lost wages, pain and suffering, and more. Call us today at 1-800-747-3733 for a free legal consultation with a bus accident lawyer in Miami, FL. We have helped other bus crash victims in South Florida, and we can help you, too.
How Our Firm Can Help You
As a passenger in a bus accident, you have the right to file a claim for compensation. We can build a solid case for you by investigating your bus accident to determine which parties to hold liable for the crash. Once we determine the liable parties, we can present the evidence to file along with your claim. We would then negotiate a fair settlement on your behalf with the bus driver’s or bus company’s insurer.
During this process, we will make sure your rights are protected. We take on the legal “heavy lifting” so that you can continue to heal from your bus-accident injuries.
How Negligence Factors Into a Bus Accident
To prevail in your claim, we must determine what role negligence played in the crash. When it comes to negligence, we may discover that the bus driver was:
- Drunk or driving under the influence of drugs;
- Texting and driving;
- Inexperienced in handling a bus; or
- Driving while fatigued or sleepy.
If we find that defective equipment or faulty brakes on the bus caused the crash, we can hold the bus company responsible for failing to perform routine maintenance on its vehicle. Determining negligence is essential in recovering compensation after a bus crash.
Proving Negligence to Support Your Claim
We gather as much evidence as possible to prove negligence because bus companies—along with trucks, trains, airplanes—are “common carriers.” Common carriers transport passengers or goods on regular routes for a fee. Common carriers must meet a higher standard of care than drivers of four-wheel passenger vehicles.
We must show four elements of negligence:
- The defendant owed you a high duty of care to provide safe transportation;
- The defendant breached this duty;
- The defendant’s negligence caused an accident, and you suffered injuries; and
- You suffered physical and financial damages in the accident.
Collecting Evidence for Your Case
We cannot just claim that a bus driver’s or bus company’s negligence caused the collision, we have to prove it. This means that we have to collect evidence to support your claim. The evidence we collect may include the following:
- Police reports;
- Surveillance video from traffic cameras or local businesses;
- Photographs of the accident scene;
- Eyewitness testimony;and
- Your medical records that detail the nature and extent of your injuries.
Evidence from the bus company can also support your claim. We would request that the bus company provide us with documentation like:
- The maintenance records of the bus that crashed;
- The bus driver’s daily driving log;
- Electronic onboard recorder data from the bus;
- The bus company’s claims history; and
- The bus company’s past state or federal rule violations.
Recovering Compensation From Private Bus Companies and Public Transportation Systems
Filing claims against privately owned common carriers, such as Greyhound Bus, Megabus, and tour bus operators, is different from filing a claim against a government-operated public transit system. This is because Florida schools, law enforcement agencies, governments, and agencies operate under sovereign immunity. This immunity protects them from personal injury lawsuits. Immunity can be waived, however, if claimants can demonstrate negligence on the part of a city employee or agency.
For instance, if you want to file a claim against the City of Miami, which operates the Metrobus system throughout Miami-Dade County, having solid proof of negligence is essential to recovering compensation.
Your Compensation Amount Depends on Your Injuries
Bus accident victims can end up with broken ribs and bones, head injuries, spinal cord injuries, and other serious complications. The amount of compensation you recover will primarily depend on the seriousness of your injuries. You may recover compensation for such damages as:
- Medical expenses;
- Ambulance transportation costs;
- Hospital bills;
- Physical therapy;
- In-patient rehabilitation;
- Assistive medical devices;
- Lost wages;
- Pain and suffering; and
- Emotional distress.
You may also recover medical and funeral expense if your loved one died because of the bus accident.
Compensation Caps for Governmental Negligence
Florida law limits the amount of compensation accident victims can recover from governments to $200,000 per person. If there is more than one claim stemming from the incident, the limit raises to $300,000.
Florida Places Deadlines on Filing Negligence Claims.
Florida’s statute of limitations gives victims four years from the date of the accident to file a lawsuit to recover compensation. While four years seems like a long time, it takes time to build a strong case, monitor your injuries, collect evidence, and negotiate a settlement.
If you file a claim against a government, you may have even less time. In many cases, we will need to provide written notice of a claim within a certain time frame before we can begin the process. Some agencies have the right to conduct an investigation into the accident before you can file a lawsuit.
Failing to meet these deadlines means you forfeit your right to file a lawsuit. Contact us as soon as possible so we can preserve your right to seek compensation.
Let Us Help You Recover Compensation.
If you or your loved one suffered serious injuries from a bus accident, call the Law Offices of Anidjar & Levine today at 800-747-3733. We offer free consultations to bus crash victims in Miami.