School Bus Accidents in Miami

School bus accidents are a major safety concern, often involving collisions with other vehicles or pedestrians. Studies show that these accidents result from contributing factors common to many traffic collisions, such as distracted drivers or a failure to follow the traffic and safety statutes. Infrastructure problems in highly populated areas also play a role.

You may pursue compensation if someone’s negligence caused harm to you or your child. During a consultation at Kaire & Heffernan, one of our proficient personal injury attorneys will explain the legal process following school bus accidents in Miami and how we will help with your case.

How Do You Obtain a Settlement?

If your child suffered harm in a Miami school bus collision, you may be eligible for compensation to cover medical bills, lost pay, and non-monetary damages, such as pain and suffering. However, sovereign immunity laws can complicate your case. While these statutes protect government entities from lawsuits, they also waive this protection in cases of negligence. Steps you should take after an accident involving negligence include:

Prioritizing your health and seeking immediate medical care, even if the injuries seem minor
Gathering evidence necessary to determine liability, such as proof of driver errors or mechanical failure
Sending a notice of claim to the government agency operating the school’s transportation department
Negotiating for a fair settlement to cover your damages and losses
Filing a lawsuit in civil court if negotiations are unsuccessful

Taking these actions is crucial to preserving your rights and obtaining a fair settlement.

Notice of Claim for a Bus Crash

State agencies are responsible for public school transportation in the state, and that means they receive certain protections under sovereign immunity legislation. However, Florida Statute § 768.28 says that immunity can be partially waived when negligence leads to accidents that cause bodily harm and other damages. Filing a notice of claim is necessary before the government can consider waiving immunity.

A notice of claim is a written statement alerting the agency that you intend to seek a settlement as a result of the collision. The notice of claim must include:

Your full name
Your address
Your place of birth
Your social security number
Your child’s name
Details of the incident and how negligence caused it to occur
The nature of your injuries and the amount of monetary damages you are pursuing

Our experienced attorneys are skilled in handling claims resulting from school bus crashes in Miami. We will handle communication, negotiations, legal work, and notices while advocating on your behalf.

Liability for Damages

To demonstrate fault to the court, it is vital to carefully investigate evidence and establish liability for damages. School bus drivers may be financially liable if their actions were negligent. Negligence includes driving recklessly or failing to prevent an accident due to distracted driving.

The government’s transportation department may be responsible for a Miami school bus accident if it neglects to ensure buses receive regular maintenance or fails to adequately train drivers. Parts manufacturers or maintenance companies could also be at fault if an avoidable mechanical failure contributed to the collision. One party may be entirely responsible for the damages, or they may share fault.

Speak With an Experienced Attorney About Miami School Bus Collisions

Bus drivers and bus companies have a crucial role in transporting your children to and from school. When their carelessness causes harm to children, parents have a right to expect them to pay for the resulting monetary damages and losses.

While bus accident cases are complicated by sovereign immunity, legislation waives this protection when the government is negligent. Contact us at Kaire & Heffernan today to learn more about school bus accidents in Miami and request that an experienced attorney examine your case.