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ToggleIf you or a loved one was injured in a school bus versus truck accident, you could be entitled to financial compensation. To obtain it, you have to know whose negligence led to the collision. That means conducting a thorough investigation, compiling evidence, consulting experts, and assessing damages. It also means filing your insurance claim or lawsuit on time.
You do not have to take on the complex legal process of your claim on your own. Florida school bus accident lawyer can explain how to determine liability in a school bus accident involving a truck. They also handle all the resulting matters with the insurance companies. Many will review the merits of your claim at no cost or obligation to you.
Determining Liability in a School Bus Accident Involving a Truck
Financial recovery for an accident comes from the person or entity whose negligence caused the accident. An accident reconstructionist can examine evidence and prove the sequence of events that led to the crash. Their investigation can define the elements of negligence, including:
- Duty of care: Each party’s responsibility to operate their vehicles safely, responsibly, and in accordance with Florida’s rules of the road.
- Breach of duty: The at-fault party’s actions that violated their legal duty i.e., disregarding a traffic sign or failing to yield the right of way.
- Causation: Evidence that the at-fault party’s breach of duty is directly responsible for your accident and subsequent injuries.
- Damages: Provable damages that result directly from the accident, including medical expenses, lost wages, pain and suffering, and more.
Identifying these elements is a critical part of your claim and can be proven with a robust collection of evidence.
Using Evidence to Prove Negligence and Liability
School bus accident liability in Florida belongs to the bus company if it was caused by their driver’s actions or by a mechanical failure or flaw of the bus itself. The trucking company could be liable for the accident for the same reasons.
To identify liability for a Florida school bus truck crash, your evidence collection can include:
- Police and other first responder reports: Official accident reports provide an impartial view of the immediate aftermath of the accident scene, and can include notes and diagrams from law enforcement, and injury assessments from EMTs.
- Photos, video footage, and accident reconstruction: Visual evidence can tell the story of your accident, including points of impact, directions of travel for each vehicle, and road and weather conditions.
- Witness statements: Eyewitness observations and testimonials from relevant experts can strengthen your injury claim and provide information from varying points of view.
- School bus driver history: The bus driver’s behavior, training history, licensing information and more will be assessed in relation to their actions when the crash occurred.
- Truck and driver history: Truck drivers in Florida must adhere to hours-of-service and other regulations. Evidence can include an inspection of the trucker’s logbooks and truck, including its parts and maintenance records.
In addition, the school bus and the truck could contain onboard cameras that may have captured crucial details. A lawyer can obtain this information that you might find hard to access on your own.
Why You Should Hire a Lawyer for a School Bus and Truck Accident
Hiring a Florida bus truck accident lawyer allows you to focus on your recovery while they handle building your claim. Your lawyer will:
- Investigate your accident in detail
- Identify all potential at-fault parties
- Seek damages from multiple insurers
- Gather and preserve evidence
- Negotiate a favorable settlement
If you have legal representation, they can also answer your questions, address your concerns, and provide timely and informative updates as your claim progresses.
It Costs Nothing Upfront to Get a School Bus Accident Lawyer on Your Side
Personal injury lawyers typically work on a contingency fee basis, meaning you will pay nothing out of your pocket. Plus, you only compensate the law firm after they recover damages for you and owe nothing at all if they do not.
Compensation Available for School Bus Accident Victims in Florida
Assessing your compensation after a negligence-based accident typically starts with the bills and receipts (to date) that represent your economic damages. Personal injury protection (PIP) insurance could cover much of your upfront damages. Per Florida Statutes § 768.81, these include:
- Past and future medical bills
- Past and future lost wages
- Loss of future earning capacity
- Property damage or destruction
Your compensation request can also include the following non-economic damages:
- Disability and disfigurement
- Physical pain and suffering
- Mental and emotional trauma
- Loss of enjoyment of life
Families who lost a loved one can also request wrongful death damages, including funeral costs, loss of financial support, and loss of consortium. Your attorney will assess your specific recoverable damages and provide supporting documentation.
Understanding Deadlines for Filing a School Bus Accident Lawsuit
You generally have two years to meet the personal injury or wrongful death statute of limitations, per Florida Statutes § 95.11. Failing to file your lawsuit on time could mean you cannot file it at all.
In addition, a school bus could be owned and operated by a government entity. If so, you generally have six months from the date of the accident to present your claim in writing, per Florida Statutes § 768.28(6)(a)(1).
Since victims of a school bus crash may be minors, the filing deadline may toll, or pause, until their 18th birthday. It can be complicated. A lawyer can avoid the potential confusion for you and file your lawsuit within the allotted time.
Contact Our School Bus Accident Attorneys to Discuss Your Claim Today
If you or a loved one was hurt in a bus versus truck accident, identifying the liable party can help you obtain financial compensation. Our law firm will handle all the details and hard work of knowing how to address liability in a Florida school bus accident involving a truck.
Concentrate on your recovery while our legal team at the Law Offices of Wolf & Pravato manages your injury claim. Contact our consultation team to start exploring your financial recovery options today.