Articles Posted in Bus Accidents

Putting your child on a school bus may be the safest way to get your child to school. School buses are designed to be safer than passenger vehicles in preventing crashes and injuries. However, despite the heavy regulations placed on school buses, South Florida school bus accidents still happen.

According to the National Highway Traffic Safety Administration, from 2006 to 2015, there were 1,313 fatalities in school transportation-related crashes, or around 131 fatalities per year. A school transportation-related crash was defined as a crash that involved a school bus, or a non-school bus functioning as a bus, transporting children to or from school or school-related activities. There were 301 school-age children killed in school transportation-related crashes, 54 of whom were occupants of school transportation vehicles. In addition, of the school-age fatalities in school transportation-related crashes, most occurred between 6 a.m. and 8 a.m. or from 3 p.m. to 4 p.m.

The Florida Department of Highway Safety and Motor Vehicles (DHSMV) reported there were 134,790 children involved in crashes in Florida in 2016. It also noted there was a 32 percent increase in fatalities from 2014. The DHSMV cautioned drivers to properly stop for school buses. As of July 1, 2017, a new Florida law took effect, the Cameron Mathew Act, which increases the minimum penalty for drivers who illegally pass a school bus, resulting in injuries or death.

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While there are many causes of Florida car accidents, one of the more common driving errors motorists make is misjudging the time they have to complete a left turn when another vehicle is approaching. Indeed, by some estimates, almost one-third of all traffic accidents involve one of the vehicles making a left turn.

Generally speaking, the vehicle making the left turn must yield to the motorist traveling straight through the intersection. In the majority of accidents, this rule applies. However, there are situations in which the vehicle traveling through the intersection can lose the right of way. For example, if the driver who is continuing straight through the intersection is traveling at an excessive speed, that driver may no longer be said to have the right of way. In this situation, a driver who attempted to make a left turn in front of another speeding vehicle may not be liable for injuries related to the accident.

Of course, not all accidents are the same, and each requires an in-depth investigation before fault can be determined. Anyone who has been injured in a South Florida car, truck, or bus accident should reach out to an experienced personal injury attorney to discuss their case.

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Earlier this month in Chattanooga, Tennessee, a school bus crash killed six children and injured dozens more. According to a recent news article covering the investigation following the crash, the driver has been arrested and charged with several offenses, including vehicular homicide and reckless driving.

Evidently, the accident occurred after school when the driver should have been taking the children home. However, the location of the accident was not on the driver’s normal route, leaving parents and administrators wondering why the driver changed course. After the collision, the driver exited the bus and called his mother, lamenting the fact that children died in the accident. However, he did not call 911 and report the accident. Investigators told police that the school bus was traveling well above the posted speed limit at the time of the crash.

The Driver Had a Short – and Questionable – Employment History as a Bus Driver

According to the news source, the driver of the school bus had only obtained his commercial driver’s license about seven months before the fatal accident. During that time, there had been several reports made by students and parents complaining about the driver’s dangerous driving habits. Some students felt as though the driver would intentionally make quick, sharp turns to make students fall out of their seats. The school’s principal even filed a report after noticing the high speed at which the driver left the school parking lot. The driver had also filed complaints against the students on the bus, claiming that they would not listen to him and that they would be up and moving around while the bus was in motion.

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Earlier this month, an appellate court in California issued a written opinion in a personal injury case brought by a woman who was injured while she was boarding a free shuttle operated by the defendant casino. In the case, Huang v. The Bicycle Casino, the appellate court reversed a lower court’s ruling that had granted the casino’s motion for summary judgment, finding that the shuttle was not a common carrier and that the casino’s duty did not extend to preventing the type of injury the plaintiff sustained.

The Facts

Huang was a frequent casino patron. As a part of the casino’s marketing strategy, it operated a free shuttle to pick up certain patrons throughout the city at numerous stops. However, the shuttles ran every hour, and these stops would often have more people waiting at them than the shuttle had room to transport.

On the day in question, there were between 40 and 70 people waiting for the shuttle. The shuttle could only carry 45 people. As the shuttle pulled up, the crowd rushed to get on board, and Huang was injured as she tried to get on the bus. She filed a personal injury lawsuit against the casino, claiming that it was operating as a common carrier and had a duty to prevent this kind of injury.

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Earlier this month, an appellate court issued an interesting opinion holding that an insurance company was liable for injuries sustained by a student who was about to board a school bus that the company insured. Interestingly, the girl was injured as a result of a collision with a third-party vehicle, and there were no allegations that the school bus was involved in any physical accident. However, since school buses are viewed differently from other vehicles, the court determined that liability was present under the facts presented.

State Farm Mutual Automobile Insurance Co. v. Buckley

In the case, State Farm Mutual Automobile Insurance Co. v. Buckley, the plaintiff was a young school girl waiting at the bus stop for the bus to take her to school. As the bus pulled up to her stop, the driver engaged the flashing lights, indicating that other motorists should stop. The bus driver then signaled for the girl to cross the road and board the bus. However, as she did so, another motorist disregarded the flashing lights and struck the girl, causing her serious injuries.

The girl’s family sought compensation for the girl’s injuries under the insurance policy that covered the bus. Specifically, the family filed a claim under the “personal injury protection” (PIP) coverage. PIP coverage, also known as “no-fault coverage,” is an add-on available to insurance policies that covers injuries to those involved in an accident regardless of fault.

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