Whether you board a Space Coast Area Transit bus to surf at Cocoa Beach (your surfboard is also welcome aboard), a private tour or church bus, a Greyhound Lines bus north, or your child rides a Brevard County School District bus, your transportation is cost-saving and safer than some transportation. Unfortunately, accidents do occur.
If a negligent bus driver or motorist who crashes into the bus causes the accident, you are entitled to compensation under personal injury law for your medical care, lost wages while you recuperate, and other damages. The confusion occurs depending on the defendant. Bus accidents involving corporate for-profit corporations differ from those involving government-owned buses. To explore your legal options, contact a Cocoa Beach bus accident lawyer with The Umansky Law Firm now.
Bus, truck, and others who drive large vehicles carry a special commercial driver’s license (CDL) with training and testing requirements that exceed the standard license most motorists carry. The enhanced requirements of a CDL ensure the holder can safely operate a larger vehicle. The CDL is a component in the ability to keep human passengers and cargo safe. If bus drivers fall below the standard of a reasonable bus driver who successfully earns a CDL, their duty to operate safely is breached. If that breach results in an accident that foreseeably causes someone to be injured, a legal claim for compensation due to negligence can be initiated.
Your attorney will identify the possible defendants after reviewing the facts of your case. Bus drivers are often defendants, but there are others you may not have considered. They are:
Evidence, including police and medical reports, eyewitness testimony, and surveillance video or cell phone pictures, is crucial to winning your case. Your attorney must prove by the preponderance of the evidence that a negligent party caused your injuries. This burden of proof is not as stringent as beyond a reasonable doubt is for criminal cases, but the stakes are still high, because they involve your future physical, financial, and emotional security. A Cocoa Beach bus accident attorney from The Umansky Law Firm considers all three when negotiating with insurance companies or litigating before a jury.
The government has sovereign immunity against most legal claims, but when city, county, or school district bus drivers are negligent and cause accidents, the government is not immune.
You might think sovereign immunity is unfair if it allows government to avoid lawsuits, but the reasoning is that the government provides transportation services at a low cost as a benefit to residents, not as a profit driver. If government lawyers are engaged in myriad lawsuits, the ability to provide many benefits would be more costly for residents.
However, our attorneys can hold the government responsible for bus accidents. The process is specific, with additional notices and restrictions on damages a plaintiff can recover. Our Cocoa Beach lawyers are committed to advocating for you and getting the money you need.
The Federal Motor Carrier Safety Administration (FMCSA) requires companies that own buses transporting more than 15 people between states to carry at least $5 million in liability insurance. Smaller buses that carry 15 or fewer passengers must carry a minimum of $1.5 million in liability insurance. School buses and commuter vehicles with less than 16 passengers on a daily round trip are excepted. A Cocoa Beach bus accident attorney will negotiate for a suitable recovery based on your losses.
Bus accidents cause a range of harm, from school bus students with whiplash to pedestrians who are permanently disabled. The attorneys at The Umansky Law Firm step in to identify the responsible parties and hold them accountable.
The compensation we seek can be used to pay your medical bills and property damage, replace your lost wages, and recognize the breadth of your pain and suffering if you must live with disfigurement, depression, and your diminished quality of life. Contact a Cocoa Beach bus accident lawyer now so we can begin to help you.
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