Delray Beach Bus Accident Lawyer
Buses operated by the city of Delray Beach and Palm Beach County, school districts, and public and private companies running local routes, interstate travel lines, and event tours all share the same responsibility – the safety of their passengers.
When a bus accident occurs, an injured rider should promptly contact Delray Beach bus accident lawyers who are experienced with working on bus accident cases. Call an experienced attorney today.
Causes of Bus Accidents
If proper maintenance of the bus is not performed, accidents can be caused by poor braking or defective steering, or other mechanical and electrical faults. The other principle cause is operator error.
Although bus companies are required to put competent, trained drivers behind the wheel, the drivers can make errors in judgment or be physically or mentally impaired at the time of the accident.
Impact of an Accident
Buses are huge and can withstand an impact that could severely damage a car or light truck. Because of their height, a hard impact to the side of the bus can flip it on its side. The seats of most buses do not have restraints, so a sudden impact can toss riders around, causing serious injuries, and worse.
Florida School Bus Laws
Only six states have a law requiring safety belts or other types of restraint systems in school buses, and Florida is one of them.
Florida law demands that newly constructed school buses that transport students from pre-kindergarten through the senior year of high school must have safety belts or another restraint system that meets federal standards. Older buses are not required to be refitted.
Florida Laws Regarding Accidents
Accidents are adjudicated by Florida’s comparative negligence standard. Negligence is legally defined as failing to act in a careful manner toward someone else. Florida’s law holds financially liable anyone who is at fault in an accident. A bus driver who is 75 percent responsible can limit the company’s claimable damages to only 25 percent. Individuals should contact a Delray Beach bus accident lawyer for more on Florida negligence laws.
Negligence is proven by showing convincing and compelling evidence for each of the five negligence law elements:
- Duty of care: A person has a legal obligation to act in a careful manner toward the public and other people
- Breach: An act that violates duty of care. The act can be an omission of action
- Causation in fact: The breach caused the accident
- Proximate cause: The act caused a particular and foreseeable result
- Damages: Monetary loss for injury or property damages did happen
How a Delray Beach Bus Accident Lawyer Can Help
Delray Beach bus accident lawyers will thoroughly investigate the accident to develop physical evidence into the accident, which may require using a professional accident investigator to determine fault.
A lawyer will also collect all medical records and bills to prove the amount of damages sought. All parties involved in the accident will be deposed, that is, questioned under penalty of perjury, to develop testimonial evidence. Although the lawyer will thoroughly prepare the case for trial, it may not get to court because the parties can settle the case among themselves.
In that situation, the lawyer will negotiate with the defendant’s insurance carrier, which will try to limit damages, to achieve a settlement amount that covers all the injured person’s accident expenses and resulting harm.