Clearwater Bus Accident Lawyer
Let Board Certified Bus Accident Lawyer Jim Magazine Guide You to Financial Recovery
If you were hurt in a bus accident in Florida, common carrier laws and the intricate web of liability that may apply can make recovering compensation challenging. If a government entity is involved, your case will likely be even more complicated. Make one small mistake in the claims process, and you could lose your right to recover compensation for your losses.
You need Clearwater bus accident lawyer Jim Magazine to help you navigate the legal system. Jim will identify all responsible parties that should be held accountable for your injuries, make sure your claim complies with all applicable regulations, and help you make the most of your bus injury claim.
- Over 30 Years of Experience
- Millions Recovered
- No Upfront Fees
For a bus lawyer who is dedicated to your recovery, call Jim Magazine. Initial consultations are free.
Call: 727-499-9900 Or
Dramatization, not an actual client
Practice Areas
If you were injured, contact Florida personal injury lawyer Jim Magazine at The Magazine & Light Law Group.
Call 727-499-9900 to schedule your FREE consultation.
Table of Contents
What Are Common Causes of Bus Accidents in Clearwater?
Any number of factors can contribute to bus accidents occurring in Clearwater. Some of the most common causes of crashes involving buses include:
Various factors, such as passengers talking, calls on the radio, or external events can take bus drivers’ eyes and attention off the road, and their hands off the wheel.
Long hours behind the wheel can lead to driver fatigue. Overly tired or drowsy drivers may experience impairments such as slowed reaction times and altered decision-making.
Drugs and alcohol can have effects on drivers that impact their ability to safely operate their vehicles. For example, drugs or alcohol may cause reduced coordination, delayed reactions and blurred vision, among other impairments, that can affect their ability to respond to situations on the road.
Exceeding the speed limit or driving too fast for the road conditions can increase the likelihood of bus accidents. When traveling at excessive speeds, bus drivers may lack the time and distance needed to safely stop or otherwise react to emergencies or changes in the traffic conditions.
Rain, fog, and other such adverse weather conditions can affect visibility and make vehicle handling more challenging for bus drivers.
What Are the Unique Risks in Bus Accidents?
While buses are generally a safe method of transportation, accidents involving them and smaller passenger vehicles can and do still happen. Due to their size and weight, buses face unique hazards, including:
- Improperly Trained Bus Drivers
- Wide Turns
- Blind Spots
- Increased Stopping Distance
- Mechanical Failures
Bus passengers do not have the benefit of the safety features, such as airbags and seatbelts, that are required in other vehicles. As such, they face an increased risk of suffering serious or fatal injuries when involved in bus accidents.
What Are Common Bus Accident Injuries?
Types of Bus Accidents Our Law Firm Handles
With nearly 59,000 buses registered in Florida and thousands more traveling here from out of state, it’s no wonder injury claims against bus and tour companies are common. Your legal options after a bus accident in Clearwater, Tampa, or one of the surrounding communities will depend on how you were injured, who was at-fault for the crash, and the type of bus involved.
At Magazine & Light Law Group, we handle all types of bus accident cases. The most common claims we see involve:
Public Transportation Buses:
Regional and intercity public transportation buses are often operated by city and state agencies. If the bus company is a government entity, special rules apply when filing an injury claim. For instance, you must file a notice of claim to the appropriate office, your recoverable damages may be limited to $200,000, accrued interest and punitive damages cannot be awarded, and you must file your injury lawsuit within three years of the date the injury occurred. Additionally, you cannot file a lawsuit until the 180-day investigation period is up, unless the government formally denies your claim.
Long-Distance Buses:
Private companies, like Greyhound, own and operate most long-distance buses that travel to Florida. The law considers these companies “common carriers”. They are held to a higher standard of care than other drivers. They are required to execute the “utmost” care to ensure their passengers arrive safely at their destinations. This duty does not just pertain to the operation of the bus. Bus drivers must also instruct passengers on when and where it’s safe to stand, and they must warn passengers about unsafe conditions. These companies may be found strictly liable for injuries in some cases, even if no negligence occurred.
Tour Buses:
Tour buses are also considered common carriers, but tour bus accident cases are generally more complicated because they often involve a tangled web of liability issues. It’s not uncommon for multiple parties to be liable when these types of accidents happen. Possible defendants in a tour bus accident lawsuit include the tour bus company, the driver, the company that contracted with the tour bus, the tour company, and even business owners at destinations included in the tour.
What to Do After a Florida Bus Accident
The steps you take after a bus accident in Florida may play a significant role in your wellbeing and your ability to recover compensation from the responsible parties. Whether you are a pedestrian, another motorist, or a bus passenger, bus accident lawyers recommend that you take the following steps.
Call 9-1-1:
Get law enforcement and paramedics on the way immediately after the crash. This is important even if you don’t think anyone was seriously injured. Internal injuries may be masked by adrenaline, and symptoms might not show up right away. Reporting the accident to police also ensures that am accident report is filed.
Gather Evidence:
If you don’t need immediate medical attention, you should try to document the accident scene. Use your cellphone to take pictures or record videos of any visible injuries you sustained, the vehicles involved, and anything at the scene that might have contributed to the crash or could be used as evidence to demonstrate how it occurred.
Seek Medical Attention:
Be sure to get checked out by a medical professional as soon as possible after the bus accident, even if you feel fine. Some internal injuries may not show up for days, and early medical intervention can prevent them from worsening. Your medical records will also be necessary if you decide to file a personal injury claim against the at-fault party.
Call a bus accident Lawyer:
Call a bus accident lawyer as soon as possible after your crash to make sure your right to recover full compensation is protected. Beware of fast-talking insurance representatives, fast settlement offers, and bus companies in the days following the accident. It’s best to let your personal injury lawyer handle all communication about the accident on your behalf.
What Damages Can Be Recovered in Bus Accident Cases in Florida?
Depending on the type of bus accident that caused your injuries, various types of compensation may be available, and you may be able to file claims or personal injury lawsuits against multiple parties. Chances are good that the bus company will offer you a settlement shortly after your crash.
Do not accept this offer without talking to bus accident lawyer Jim Magazine.
If you sign anything or accept a settlement check, you could be throwing away your right to recover full compensation for your losses.
Damages that are generally available in bus accidents in Florida include:
Economic Damages
Economic damages include your medical bills, including the cost of the ambulance, emergency room care, surgeries, your hospital stays, follow-up visits with doctors, x-rays, medications, and special medical equipment. Your lost wages and other financial losses are included in this category as well. These damages can be calculated using receipts, bills, and wage statements.
Non-Economic Damages
Your non-economic damages include things like pain and suffering, mental anguish, your loss of enjoyment of life, permanent impairments, disfigurement, etc. These damages are meant to compensate you for coping with the non-monetary losses your accident caused. Since it can be difficult to assign a dollar amount to such losses, these are a little trickier to calculate.
Punitive
Damages
In rare cases, the jury may award punitive damages as well. These damages are meant to punish the wrongdoer for especially egregious acts and prevent the same or similar acts from happening in the future. Punitive damages are not generally available in personal injury lawsuits against government agencies.
How Do I Pursue a Claim After a Bus Accident in Clearwater, FL?
After a bus accident, you may be entitled to compensation for your resulting injuries. A Florida bus accident lawyer at our law firm will walk you through the claims process, offering guidance on your rights and legal options. Your attorney will notify the bus company or operator of your intent to file a lawsuit, adhering to any special requirements, and file a complaint with the appropriate court.
While going through the service of process and discovery phases, our lawyers will negotiate on your behalf with the bus company’s insurance provider. If a solution cannot be reached through mediation or settlement negotiations, your case will proceed to trial.
Because of the sovereign immunity laws that protect government entities, the process for filing a lawsuit for an accident involving a city or school bus is slightly different. To pursue a case for compensation in a school or city bus accident, the process generally involves:
- Filing a notice of claim with the appropriate government agency
- Conducting an investigation into the accident to gather supporting evidence
- Submitting to the administrative review
- Filing the lawsuit
- Negotiating a settlement
- Going to trial
When filing a lawsuit against a government agency, it’s essential to follow the prescribed steps. If you were involved in a Clearwater city bus accident, working with our attorneys can ensure that your rights are protected.
How Long Do I Have to File a Lawsuit After a Bus Accident?
In Florida, there is generally a two-year statute of limitations for bus accident cases. Therefore, you must initiate your legal action within two years of when the accident occurred. Missing this filing deadline could result in a dismissal of your case, costing you the ability to recover compensation for your injury-associated losses.
There are exceptions to the statute of limitations, such as for victims who were minors at the time of their injuries. Our bus accident attorneys can help you identify any special circumstances that may exist in your case.
Are Bus Drivers Liable for Accidents?
Depending on the circumstances of the crash, the bus driver or other parties may be held liable for any resulting injuries. You may seek to hold the bus’s driver financially responsible if his or her recklessness or negligence contributed to the accident. Such contributions may include speeding, driving under the influence, or distracted driving.
In addition to bus drivers, the bus company or government entity that operates the bus may also be held liable. Employers may be held responsible for the actions of their workers that occur within the scope of performing their job duties.
FAQs About Florida Bus Accident Cases
How Long Do I Have to File a Wrongful Death Lawsuit if My Loved One Was Killed In a Bus Accident?
If your loved one was killed in a bus accident in Florida, you generally have just two years from the date he or she died to file a lawsuit against the bus company or other liable party. If you wait too long to take legal action, you could be barred from recovering compensation.
Can I File a Lawsuit Against the Bus Company if I Was On the Job When the Accident Happened?
If the bus accident that injured you happened while you were working, you may be able to sue the bus company. If the bus company is your employer, or the driver is a coworker, however, you cannot sue them directly. You might file a workers’ compensation claim to recover money for your losses.
Do I Need to Hire a Bus Accident Lawyer to Handle My Injury Claim in Florida?
While the law doesn’t require you to hire a bus accident lawyer to handle your claim, doing so is strongly suggested. Bus accident claims and lawsuits can be extremely complicated because of common carrier regulations and multi-party liability. If a government agency is liable for your losses, special rules will apply.
Should I Talk to the Insurance Company After a Bus Accident in Clearwater?
While they may seem on victims’ sides, insurance companies often try to minimize payouts for accident losses. Therefore, it is advisable to consult with a personal injury lawyer before talking to the insurance company. An attorney will guide you on what to say and what to avoid saying to preserve your rights and ensure you receive fair compensation for your injuries.
How Much Will a Bus Accident Lawyer Cost Me?
Bus accident lawyers often work on a contingency fee basis. As such, they only get paid if you do. If your case is successful, the attorney will take an agreed upon percentage from the total recovery for his or her fees.