Table of Contents
ToggleBroward County’s public transportation system includes hundreds of buses. As well as Broward County operates its public transit system, accidents with their buses do happen from time to time. If you or a loved one was injured in a public transit bus accident, you can sue Broward County for the bus accident if the cause was negligence, recklessness, or carelessness. Damages you can recover with an insurance claim or personal injury lawsuit include medical bills, lost wages, pain and suffering, and more.
However, with a government agency as the defendant, the legal process could be even more complicated, and you could face damage caps, which are limitations on the amount of compensation you can recover. You do not have to sue the city or county on your own. A local bus accident lawyer can help you pursue fair compensation at no up-front cost to you.
The Steps You Can Expect When You Sue the County for a Bus Accident
When you file a bus accident lawsuit, you will follow many of the same steps as any other type of personal injury claim. A personal injury lawsuit typically involves:
- Filing an insurance claim
- Filing a lawsuit within the allotted time
- Proving the at-fault party’s negligence
- Document your recoverable damages
- Make a settlement demand
- Negotiate the best possible compensation
- Go to trial if a settlement is not forthcoming
A public transportation accident can have additional complications. There could be more than one cause of negligence, and the involvement of a municipal agency can change the statute of limitations, the deadline to file your lawsuit. A municipal liability attorney can help you navigate the legal process from start to finish.
Document the Negligence That Led to Your Bus Accident
You can sue for compensation only after proving the county acted negligently, which caused your accident. To establish municipal liability, you have to prove the required elements of negligence, including:
- Duty: Broward County’s obligation to ensure the safety of bus passengers and others while on the road
- Breach: Any action that creates a failure to meet the legal duty, such as speeding, aggressive driving, etc.
- Causation: The correlation between a specific act of negligence and the cause of the bus accident
- Damages: The financial, physical, and emotional losses you suffered because of the responsible party’s negligent actions
Some commonly reported, negligence-based causes of bus accidents can include mechanical failures, manufacturing flaws or defects, bus driver fatigue, and faulty roads of traffic signs and signals.
Evidence That Supports Your Bus Accident Case
Your county or city bus accident claim must be backed up by a wealth of evidence that proves fault and liability. Building a strong collection of evidence can be a time-consuming and detailed process. A comprehensive case file will include:
- Repair and maintenance records
- Driver training and driving history
- Medical records describing your injuries
- Police and bus company accident reports
- Any available photos and video footage
- Eyewitness and expert testimonials
A bus accident attorney in your area will be familiar with bus accident claims and relevant personal injury and insurance laws. They can help you build a strong case file that meets all required legal parameters.
Evidence That Will Support Your Compensation Request
A second part of your case file will include evidence that proves your financial losses. While evidence of damages and damage amounts can vary greatly from client to client, you can compile:
- Medical bills that attest to your known and anticipated treatment expenses
- Receipts and estimates for repairing or replacing your lost or damaged property
- Proof of your income and the amount of time your injuries kept you from working
You could opt to work with an attorney for bus accident claims versus taking on the insurance company alone. They can help you collect the evidence needed to achieve maximum financial recovery for you and your family.
You Can Recover Multiple Types of Damages for Bus Accident
A bus of any size can weigh significantly more than a passenger vehicle, meaning vehicle occupants could sustain costly and extensive injuries. For accident-related injuries that exceed your personal injury protection (PIP) coverage, you could file a third-party insurance claim.
The types of recoverable damages will include:
- Non-economic damages: Compensation for disabling and disfiguring injuries, physical pain and suffering, ongoing mental and emotional anguish, and loss of enjoyment of life.
- Economic damages: Compensation for past, current, and future medical bills and lost wages, lost earning capacity, and property damage, loss, or diminished value.
- Wrongful death damages (for a bus accident fatality): Compensation for funeral costs, loss of financial support, loss of household contributions, and losses of consortium, guidance, and companionship.
Track all the costs you incur due to the accident. The insurance company will demand proof of your recoverable damages, alongside proof of the accident’s cause. According to Florida Statutes § 768.28, you cannot recover more than $200,000 in compensation.
You Have a Limited Window of Opportunity to File Your Bus Accident Lawsuit
Like all states, Florida has a statute of limitations that applies to all civil lawsuits. Filing a lawsuit after a bus accident in Broward County means complying with Florida’s statute of limitations. Accordingly:
- You generally have two years to file your personal injury or wrongful death lawsuit, per Florida Statutes § 95.11
- You generally have six months to sue a government agency or municipality, per Florida Statutes § 768.28
The latter notification must be made in writing. Failing to meet either filing deadline could mean you inadvertently relinquish your right to file at all. This error could mean you have no legal avenue that compels the liable party to compensate you.
Call (954) 633-8270 for Help Suing Broward County
If you were injured in an accident involving a county transit bus, you can sue Broward County for a bus accident. Our personal injury lawyers can help you understand your rights as the injured party and the county’s financial liability.
Learn more about your rights as the injured party. Contact a member of our team at the Law Offices of Wolf & Pravato to get started today.