Can You Sue for a School Bus Accident in Florida?

27Sep
Rear view of group of teen students with backpacks walking to school bus after school. Sue for a school bus accident

Collisions involving school buses can leave victims suffering serious, life-changing injuries and financial losses. In Florida, you can sue for a school bus accident caused by the negligent actions of someone else. However, the legal process can be overwhelming if you attempt to navigate it alone.

Rear view of group of teen students with backpacks walking to school bus after school. Sue for a school bus accident

There are legal requirements to meet when you want to sue for personal injury. Having a lawyer by your side can lift much of the burden off your shoulders and increase your chances of getting maximum financial compensation.

If you or a loved one has been in an accident involving a school bus in Florida, contact Magazine & Light Law Group at (727) 499-9900. Our skilled bus accident lawyers will provide professional, empathetic, and client-focused legal representation to ensure you get maximum compensation.

Who Can You Sue for a School Bus Accident in Florida?

Liability in school bus accidents is determined by evaluating the actions of all involved parties. Liable parties in school bus accidents often include:

The Bus Driver

The bus driver is responsible for the school bus. They are mandated to adhere to traffic rules and operate the vehicle safely. Therefore, the driver’s actions preceding the crash play a considerable role in determining liability.

Overcrowding a school bus can cause an accident. In such an event, a bus accident lawyer in Florida will closely investigate whether the driver knew the bus was overcrowded or overloaded. The lawyer will also assess the driver’s level of training in managing the bus capacity and safety, particularly their actions in ensuring clutter and hazard-free aisles.

The School District

Sometimes, the blame may shift to the school district responsible for training drivers on safety protocols when operating school buses. If a school hires an untrained driver, or has policies that increase accident risk, they may be liable in a crash.

The Bus Company

The company managing a school bus must ensure the safety of the driver and passengers on the bus. It must perform scheduled maintenance and repair programs to ensure the bus’s road-worthiness and safety. The company may be liable for a bus crash if it fails to perform the necessary inspections, inform drivers of newly installed safety technologies and systems, or repair all the faulty parts.

Other Motorists

Sometimes, crashes involving school buses are caused by the negligence of other motorists. For example, another driver’s dangerous behavior, such as speeding, DUI, and distracted driving can cause a crash.

Florida follows a law called modified comparative negligence when determining fault and compensation following traffic accidents. Under this law, injured victims can receive compensation even if they are partially at fault for causing the collision.

Signed in March 2023, Florida’s modified comparative negligence law only compensates personal injury claimants determined to be 50% or less at fault. This law bars an accident victim from receiving a settlement if the victim is 50% or more responsible for his or her injuries.

What Are the Requirements for Filing a Lawsuit After a School Bus Accident?

There’s a standard procedure and documents required when filing a personal injury claim after a bus accident. Following these steps is crucial in ensuring you receive the maximum settlement.

Adherence to the Statute of Limitations

Florida has a two-year statute of limitations regarding personal injury lawsuits. This statute applies to accidents relating to school buses as well. However, this can differ if a government entity is involved in your lawsuit.

Notice Requirements

In the event that the school bus involved in your accident is owned by a government entity, a notice of claim must be filed with the entity within three years from the date of the accident. In the event of a wrongful death, however, the deadline is two years from the date of the accident.

Determine Liability

Work with a bus accident lawyer to determine the parties that can be held liable in your bus accident case. The liable party in your case could affect the deadline for filing your claim.

Prove Negligence

Once you have identified the liable party with the help of your lawyer, you will then need to work towards proving that the party owed you a duty of care, that they acted in a negligent manner, thus breaching this duty of care, and that their negligent actions caused your injuries

Calculate Damages

It is essential that you document any damages you incurred in your accident. This can include lost wages, medical expenses, vehicle damages, and pain and suffering.

Sovereign Immunity

Government entities in Florida have sovereign immunity. This means the damages you can recover in your accident claim are capped. As of 2023, this cap limits the damages you can recover to $200,000 per person, or $300,000 per incident, unless the Florida Legislature approves a higher amount.

What Should You Do After a Bus Accident?

Following a bus accident, there are steps you should take to protect your well-being and ability to file a claim. These steps include:

Move to a Safe Spot and Check for Injuries

If you are able to do so, moving to a safe spot should be your first priority. This can help you avoid further injury. Once you are safe, check yourself and others involved for injuries.

Contact 911

Contact 911 and report your accident. Doing so grants you access to the police report for your claim, should you need to file.

Seek Medical Care

Your health and safety are important. Seeking medical care as soon as possible ensures prompt treatment of your injuries before they worsen. Additionally, your doctor will create an official record of your injuries, which can help strengthen your claim.

Contact a Bus Accident Lawyer

After your accident, you should contact a bus accident lawyer for assistance in filing your claim. Your lawyer can assist you in gathering reports, evidence, and witness statements relating to your accident.

Types of Damages in a School Bus Accident Lawsuit

Several damages are recoverable in a school bus accident lawsuit in Florida. The type of damages you may recover depends on the circumstances leading to the accident and the losses incurred. Common recoverable damages after a school bus accident include:

Medical Expenses

Accidents involving buses are often serious. You may suffer severe physical injuries. You may also develop physical disabilities or impairments. Covering the treatment costs and medical bills out-of-pocket can dent your finances. Filing a lawsuit allows you to settle current and future medical fees, including initial medical attention, doctor’s appointments, rehabilitative therapies, and medical equipment like crutches or a wheelchair.

Lost Income

A bus accident can leave you physically incapacitated and unable to report to work, leading to lost income. That’s a huge financial blow, especially if other people depend on your income for survival. By filing a school bus accident lawsuit, you can recover your lost income. If an accident leaves you disabled and unable to work, you may receive compensation for a lifetime’s lost earnings.

Non-Economic Damages

Besides allowing you to recover economic damages (medical costs and lost income), a bus accident claim also lets you receive compensation for non-economic damages. These damages cover the difficult experiences you endure following a road accident. They include pain and suffering, trauma, emotional distress, loss of consortium, and loss of enjoyment of life.

Unlike medical bills and lost income, it’s challenging to determine the value of non-economic damages, such as the pain and suffering or loss of consortium. But you can help your bus accident lawyer determine your non-economic damages by keeping detailed notes of how the accident and the resulting injuries have affected you mentally and physically and your ability to enjoy life as you previously did.

Punitive Damages

The court may impose punitive measures on the at-fault party if it establishes that the party breached his or her duty of care by acting in gross negligence. Also referred to as exemplary damages, punitive damages are designed to punish the liable driver as a demonstration of what awaits other would-be offenders.

Why Hire a Bus Accident Lawyer?

The personal injuries and losses that an individual suffers following a bus accident can leave him or her physically and mentally unable to take legal action against the blameworthy party. If you or your loved one has suffered injuries in a bus collision, partner with an experienced and professional bus accident attorney to solidify your claim and receive full settlement.

You might wonder, “Is it worth hiring a personal injury attorney?” An experienced attorney can lessen the legal burdens you may face when filing your claim. Your lawyer can guide you through the legal process and help you establish liability in your claim, so you can focus on your health and recovery.

Are you a bus accident victim? Partner with Magazine & Light Law Group and schedule a case evaluation with one of our experienced and compassionate bus accident lawyers. Contact us at (727) 499-9900 today and experience unmatched legal guidance.

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association