Who is Liable for a Car Accident with a City Bus in Miami?
Buses are large and difficult to maneuver. This often means that bus accidents in Miami are caused by the bus driver. When a Miami city bus driver is responsible for an accident, you may be able to sue the driver and their employer for damages. In many cases, this can help cover the cost of medical expenses, lost wages, pain and suffering, and other harms you may face. For more information about who is liable in your case, contact Miami bus accident lawyer Prosper Shaked today.
Who Do I Sue for a Bus Accident in Miami?
Miami’s public transit is provided by the Department of Transportation and Public Works (DTPW). Public transit used to be provided by Miami-Dade Transit (MDT), but this has been reorganized into the DTPW. Regardless of the name of the organization, public transit is provided as a function of the government, and many of the bus drivers and workers that run public transit are in fact government employees, to some extent. This means that the ultimate party that is liable for the actions of the drivers is Miami’s government itself, namely the DTPW.
The bus driver’s employer can often be held liable for accidents the bus driver causes. This happens through a “vicarious liability” theory called “respondeat superior.” This allows you to hold one party, the employer, financially liable for the accidents of another party, the bus driver. To do this, the accident must have occurred while the employee was performing normal job tasks that benefitted the employer. A bus driver who was actively engaged in their normal duties of driving a Metrobus clearly falls within these requirements, meaning you can likely sue the bus driver as well as the MDT/Metrobus.
However, not every car accident involving a bus is the bus driver’s fault. There are dozens of traffic laws which might affect any given situation on the road, and simply blaming the accident on the bus does not always work. Similar to truck accidents, bus accidents are often caused by the bus driver’s inability to maneuver the bus quickly or because the driver cannot see very well. If you were hit by a bus as a pedestrian, on a bike, or in another car because the bus driver was not properly checking their mirrors or blind spots, that accident is clearly the bus driver’s fault. However, other accidents where busses are struck by speeding vehicles, drunk drivers, or drivers who failed to yield to the bus when legally required to do so might not be the bus driver’s fault.
In cases where the bus was not at fault for the crash, you may have been injured as a bus passenger or even in another vehicle involved in the crash. In these cases, the bus may not be legally responsible, and you should sue the responsible driver for any injuries you face. Talk to an attorney about how to receive compensation for your injuries.
Compensation for Metrobus Accident Injuries
If you were injured as a passenger on a Metrobus or in another car that was struck by a Miami public transit bus, you could face serious injuries. Buses are known for not having seatbelts for most riders, and a bus accident can easily knock riders down, cause them to hit their head on poles, walls, or seats, or may even lead to riders being ejected from the bus. Drivers and passengers in other vehicles could be seriously injured by the weight and momentum of the bus during the crash, and may suffer substantial bodily injuries, including traumatic brain injury, paralysis, loss of limb, or even wrongful death.
If you or a loved one was injured in a bus accident, you may be entitled to substantial compensation for serious injuries. First, any medical expenses you face because of the accident should be reimbursed. This includes the cost of surgeries and doctor’s visits as well as the costs of medical imaging, emergency transportation, medical devices, and rehabilitation. If you missed work because of the injuries you faced, you may be entitled to damages for lost wages from the work you missed during your recovery or will miss going forward. If you faced substantial pain and suffering from your injuries, that may also entitle you to compensation.
These damages are not the only damages you could be entitled to. Especially if you lost a loved one to a bus accident, you could be entitled to other damages for your loss and their suffering. Talk to an attorney today for help understanding the compensation you may be able to claim in a lawsuit against Miami public transit.
Miami Bus Accident Lawyer Offering Free Consultations
After facing serious injuries in a bus accident, it is important to talk to a Miami personal injury lawyer. Prosper Shaked offers free consultations on injury cases to help victims understand who they should sue, whether insurance can fully cover their needs, and what damages they could be entitled to. For a free consultation on your case, contact The Law Offices of Prosper Shaked today at (305) 690-0244.