What if a Miami Bus Driver Causes a Crash?

If a Miami bus driver causes a crash, those injured – including passengers, pedestrians, or other motorists – may be entitled to recover compensation. 

Determining who is legally and financially responsible depends on several factors, including the driver’s conduct, whether the bus was publicly or privately operated, and whether other vehicles were involved. 

At The Morgan Law Group, our Miami bus accident attorney is ready to advocate for individuals harmed by negligent bus drivers and help them pursue the recovery they are legally owed after a bus crash.

Resulting Crashes in Miami Caused by Bus Drivers

With the volume of bus traffic and the dense population in Miami, accidents involving bus drivers are unfortunately not uncommon. 

These types of crashes caused by bus drivers can include:

• Rear-end collisions: Often due to distracted or fatigued driving.
• Sideswipe accidents: Especially when buses are switching lanes or merging.
• Pedestrian accidents: At crosswalks, bus stops, or intersections.
• Rollovers: Typically involving tour buses or private charters on highways.
• School bus collisions: Involving children entering or exiting the bus.

In many of these incidents, the size and weight of the bus amplify the damage and injuries sustained. Passengers may suffer trauma from being thrown from their seats, while those in smaller vehicles or on foot face an even greater risk of catastrophic harm.

Who Pays for Damages After a Bus Crash in Miami?

When a bus driver causes a crash, financial liability can extend beyond just the individual behind the wheel. Florida law allows injury victims to seek compensation from the appropriate party, depending on the circumstances, including the bus driver, the driver’s employer, or, in some cases, a third-party motorist.

The Bus Driver and Their Employer

If the crash resulted from the driver’s negligent behavior – such as speeding, distracted driving, running a red light, or failing to yield – then they may be liable. However, bus drivers rarely carry enough personal insurance coverage to account for the full extent of injuries in a major crash. 

Fortunately, if the driver was working at the time, their employer may be held vicariously liable under Florida law.

• City or county government: For public transit buses operated by Miami-Dade Transit, claims may be filed against the local government. However, sovereign immunity rules can limit how much a claimant can recover.
• Private companies: Tour bus operators, school bus contractors, or charter services are typically backed by commercial insurance policies that may cover larger damages.

Holding an employer liable may require showing that the driver was acting within the scope of their employment at the time of the crash.

Other Motorists and Shared Fault

Not every crash is solely the fault of the bus driver. In some cases, another motorist may have made a sudden or illegal maneuver that contributed to the collision. 

Under Florida’s modified comparative fault rule, if multiple parties are found liable, each pays damages in proportion to their level of fault. If you’re partially at fault, your compensation may be reduced accordingly.

Insurance Company

Florida is a no-fault state, which means that your Personal Injury Protection (PIP) insurance will initially cover medical expenses and lost wages, regardless of who caused the accident. However, for serious injuries, victims may step outside of the no-fault system and file a third-party claim against the at-fault bus driver or their employer’s insurer. This becomes essential in high-damage scenarios, which are common in bus crashes.

When Is It Best to File a Miami Bus Accident Lawsuit?

Filing a personal injury lawsuit after a bus accident may be appropriate if the insurance company refuses to offer a fair settlement or if your injuries are serious enough to warrant greater compensation than PIP provides. 

In Florida, the legal threshold to step outside the no-fault system includes:

• Permanent loss of a bodily function
• Significant and permanent disfigurement or scarring
• Permanent injury within a reasonable degree of medical probability
• Death

Even if you qualify, lawsuits against bus operators, especially public entities, require adherence to specific procedures.

Against Government Agencies

If the crash involved a city or county-operated bus, you must provide notice of your claim to the appropriate agency. This notice period is mandatory before you can file a case and must be submitted within 3 years from the date of the accident (two years if the claim involves wrongful death). 

Against Private Companies

Private tour and charter bus operators are generally not protected by sovereign immunity. Injured parties can file a traditional personal injury lawsuit, provided it is within Florida’s statute of limitations. As of 2023, most personal injury claims must be filed within 2 years from the date of the incident.

Before heading straight to court, many people attempt to resolve their claims through settlement negotiations. A bus accident attorney can guide you in determining whether it makes sense to proceed with litigation based on the facts of your case.

Hiring a Miami Bus Accident Attorney After a Crash

Bus crash claims in Miami can be far more complicated than standard car accidents. Between government claim procedures, commercial insurance policies, and multi-party liability, having experienced legal representation can make a major difference.

A bus accident attorney can help with:

• Investigating the crash and gathering evidence of negligence
• Identifying all potentially liable parties
• Calculating the full extent of your damages
• Filing insurance claims and negotiating settlements
• Meeting deadlines under the statute of limitations
• Preparing a case for court, if necessary

Most attorneys offer contingency-based representation for personal injury claims. That means legal fees are only paid if you receive compensation, making legal help more accessible after a traumatic crash.

If you’ve been hurt in an incident involving a negligent bus driver, The Morgan Law Group can provide guidance and advocate for those injured in bus crashes. Our accident attorneys in Miami are dedicated to helping victims build strong cases and seek full and fair compensation. 

Call us today at (305) 614-5235 or contact us using our online form for a free case evaluation about your bus accident claim at our office in Miami.