Liability in Miami Bus Accident Cases

After suffering injuries in a crash, determining who is legally responsible is crucial to pursuing compensation. This process requires a careful investigation of the incident.

Although bus accidents are less common than car collisions, they do occur. The lack of seatbelts and other safety equipment can often lead to severe injuries. A skilled attorney can help you understand liability in Miami bus accident cases.

What Are Common Carriers?

State legislation classifies buses and other forms of public transportation as common carriers, imposing a higher standard of care on operators and the organizations that employ them. They must ensure passenger safety through proper training and regular equipment maintenance. Common carriers are essential to the transportation system, as many individuals rely on them for commuting and recreational travel.

Florida Statute § 908.111 defines a common carrier as a person, firm, or corporation that provides transportation to residents and tourists for a fee. The law requires buses and other carriers to offer services without discrimination and in compliance with federal and state safety guidelines. During your consultation, our knowledgeable attorneys in Miami can help you determine who is responsible in a bus collision case.

How do No-Fault Regulations Affect a Bus Crash Claim?

Florida is a no-fault state, which means that after accidents—including those involving common carriers such as buses—injured passengers in Miami must file a claim with their insurer under personal injury protection (PIP), regardless of who was at fault. PIP covers up to $10,000 in medical care and lost wages.

However, when serious injuries occur, such as permanent loss of mobility or function, long-term disability, or disfigurement, you can pursue compensation through legal action.

Determining Liability After a Bus Crash

Determining liability after a bus collision in Miami involves applying the elements of negligence to investigate where breaches of duty occurred and identify who may be responsible for your damages. The following parties may be liable:

• The bus operator may be personally liable if their actions, such as errors or recklessness, led to the crash
• Bus and transportation companies may be responsible if their negligence, such as inadequate training or poor vehicle maintenance, contributed to the accident
• Government agencies, such as cities, counties, and transit authorities, may be liable if their employees acted negligently
• Third parties, such as other motorists or vehicle manufacturers, may be liable if their errors or defective parts, such as faulty brakes, caused the collision

Our lawyers can help you determine liability and handle the process on your behalf.

Comparative Negligence

The state follows a comparative negligence rule in cases involving multiple liable parties. As long as the plaintiff is less than 50 percent at fault, they can collect compensation for the defendant’s portion of responsibility. The court calculates each party’s share of liability and subtracts your percentage of fault from the amount that other parties must pay.

Contact Us Today To Speak With a Skilled Attorney in Miami About Fault in Bus Collision Claims

If you were in a bus crash caused by negligence, determining fault is crucial to obtaining a fair settlement. It requires a detailed investigation and an extensive analysis to identify the responsible person or organization.

At Kaire & Heffernan, our skilled lawyers understand your situation, guide you through determining liability in Miami bus accident cases, and fight for the best possible outcome. Contact us today to schedule a consultation and begin preparing your case.