Bus accidents can leave you or a loved one with serious injuries, mounting bills, and uncertainty about how to move forward. When a crash disrupts your life, having a trusted advocate in your corner simplifies the path ahead. At Burnett Law, P.A., our bus accident attorneys in Tampa provide guidance and support to individuals throughout the area navigating the aftermath of a bus crash.
Tampa’s expanding public transportation system, including HART buses and school services, means more people depend on buses every day. Bus accident cases in our region often involve a complex web of local transit policies and insurance considerations unique to Hillsborough County. We use our knowledge of local logistics and legal requirements to help you understand your options and confidently take next steps after an accident.
Secure powerful legal help against large bus companies and government entities. Contact Burnett Law for a free consultation to review your bus accident claim. Call (813) 491-8272 or reach out online today.
Identifying Liability in Florida Bus Accidents
Bus accidents in Florida often involve multiple factors and can lead to serious injuries, such as broken bones, severe head trauma, internal injuries, and emotional distress. Establishing liability requires a thorough investigation to identify the party (or parties) responsible for the negligence.
Potential Liable Parties
The Bus Driver: Liability rests here if the accident was caused by human error, such as speeding, distracted driving (texting), fatigue, or driving under the influence.
The Bus Company/Employer: The company (whether public transit or private charter) can be held directly liable for its own negligence, including:
Negligent Hiring or Training: Failing to vet a driver's record or providing inadequate instruction for handling large vehicles.
Inadequate Maintenance: Failing to conduct mandatory inspections, leading to brake failure, tire blowouts, or mechanical defects.
Government Entities: Many city or county transit buses and all public school buses are operated by government agencies. Suing these entities requires strict adherence to Florida's Sovereign Immunity laws.
Third-Party Drivers/Manufacturers: In many school bus accidents, the negligence lies with another driver who violated traffic laws (e.g., illegally passing a stopped school bus). Liability may also rest with the manufacturer if the accident was caused by a vehicle defect.
The Personal Injury Process for Bus Accident Claims
Handling a bus accident claim requires a meticulous legal strategy focused on evidence preservation and navigating the high standards imposed on Common Carriers.
Our Comprehensive Approach
Immediate Investigation: We dispatch investigators immediately to secure evidence that public entities often try to withhold, including:
The bus driver's full commercial record and training history.
Black box data (electronic data recorder) from the bus.
Maintenance and inspection logs for the bus's service history.
Witness statements and surveillance footage from the bus itself or surrounding businesses.
Determining the Proper Defendant(s): We meticulously investigate ownership to identify if the claim should be filed against a private company, the school board, or a municipal transit authority (HART), as this dictates the procedural steps and deadlines.
Adhering to Government Notice: If the claim involves a government entity, we prepare and file the mandatory written Notice of Claim within the strict statutory deadline (3 years).
Establishing Negligence: We secure expert testimony from accident reconstructionists and medical specialists to prove all four elements of negligence:
Duty: The carrier owed a high duty of care.
Breach: The driver or company breached that duty (e.g., poor maintenance, distracted driving).
Causation: The breach directly caused the accident.
Damages: The victim sustained compensable injuries (medical costs, lost wages, pain and suffering).
Maximizing Recovery: We fight to recover all possible damages, including past and future medical care, lost income, loss of earning capacity, and compensation for pain and suffering.
Florida’s Pure Comparative Negligence Rule
Florida operates under a pure comparative negligence system, which allows an injured party to recover damages even if they were partially at fault for the accident. However, recent tort reform laws (for cases filed after March 24, 2023) introduce a significant modification:
Recovery is Proportionate to Fault: Your total compensation is reduced by your percentage of fault. For example, if a jury determines you suffered $100,000 in damages but were 20% at fault, you only recover $80,000.
The 51% Bar (Misdemeanor): In the highly technical context of comparative fault, the law now bars the recovery of damages if your own negligence was greater than the negligence of the defendant (i.e., over 50%), even though the basic principle remains "pure" when the defendant is 50% or more at fault.
This rule makes the allocation of fault—which is determined by meticulous accident reconstruction and expert testimony—the most vital battleground in a bus accident case. An aggressive Tampa bus accident lawyer fights to minimize your assessed percentage of fault to maximize your net recovery.
Types of Compensation Available After a Bus Accident
When you have been injured due to the negligence of a bus driver or company, our firm aggressively fights to recover both economic and non-economic damages. The goal is to secure comprehensive compensation that covers all losses related to the accident, restoring your financial stability and compensating you for the disruption to your life.
Economic Damages (Measurable Financial Losses)
These are tangible losses that can be calculated based on receipts, billing statements, and employment records.
Medical Bills: Compensation for all past, present, and future medical expenses related to the accident, including:
Emergency room visits and hospitalization.
Surgeries, physical therapy, and rehabilitation.
Diagnostic testing and prescription medications.
Long-term care or in-home nursing assistance, especially for catastrophic injuries.
Lost Wages: Compensation for all income lost from time missed at work due to the accident or recovery period.
Loss of Future Earning Capacity: If your injuries result in a permanent disability or impairment that prevents you from returning to your previous job or working in the future, we seek compensation for the lost value of your projected lifetime earnings.
Property Damage: Costs related to repairing or replacing your vehicle or other property damaged in the collision.
Non-Economic Damages (Subjective Losses)
These losses compensate you for the intangible impact the accident has had on your quality of life.
Pain and Suffering: Compensation for the physical pain and emotional distress directly caused by the accident and the recovery process.
Mental Anguish: Damages related to severe emotional trauma, anxiety, depression, or Post-Traumatic Stress Disorder (PTSD) resulting from the collision.
Loss of Consortium: Compensation sought by a spouse for the loss of companionship, support, and relationship benefits due to the victim's injury.
Disfigurement/Impairment: Compensation for permanent scarring, disfigurement, or the loss of use of a body part (such as a limb or organ function).
Punitive Damages
In rare cases where the bus company or driver exhibited gross negligence, willful disregard for safety, or reckless indifference (such as extreme intoxication or criminal behavior), we may seek punitive damages to punish the at-fault party and deter similar conduct in the future.
Why Choose Burnett Law for Your Bus Accident Claim
When your recovery hinges on successfully navigating complex liability issues, strict deadlines, and government regulations, you need a proven advocate.
We Offer Contingency Fees: We believe justice should be accessible to everyone. We offer contingency fees, meaning we charge absolutely no upfront costs and are paid only if we win your case.
We Offer Free Consultations: The complexities and deadlines involved require immediate legal counsel. We provide free consultations to evaluate your case, identify all liable parties, and ensure your critical deadlines are met.
Local Tampa Expertise: We have deep experience litigating personal injury cases involving public entities within Hillsborough County (Tampa) and the surrounding areas, giving our firm the local insight needed to anticipate defense strategies and maximize the final recovery.
Backed by Experience: We have served Tampa for over 25 years, building a reputation anchored in personalized legal guidance and honest communication. Our dedicated approach ensures clients speak directly with an experienced bus accident lawyer in Tampa from day one, so you always know who is working on your case.
Let a dedicated Tampa bus accident lawyer secure the compensation you deserve.
Secure powerful legal help against large bus companies and government entities. Contact Burnett Law for a free consultation to review your bus accident claim. Call (813) 491-8272 or reach out online today.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
I love everything about the Burnett Law office and staff. They helped me out a lot with a truck accident and he we always responsive to my calls when he wasn't busy in court or on the phone with another client... he's the BEST Lawyer in the state of Florida. I'll recommend him to anyone, he's awesome. Thanks again Josh Burnett!
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