A collision involving a school bus can leave you facing serious injuries, unexpected medical costs and difficult questions about fault. Because a public school bus is not a standard private vehicle, you might be asking who is liable for your accident.
Establishing fault after a collision
When a school bus causes a crash, fault is generally determined through the same negligence principles that govern other motor vehicle accidents. You need to demonstrate that someone acted carelessly and that their conduct directly caused the crash.
School bus cases can introduce complicating factors, though. The bus may have been speeding, running a stop sign or operating with mechanical issues, and each scenario can point to a different source of negligence.
Tracing liability up the chain
Under the legal doctrine of respondeat superior, an employer typically bears responsibility for the actions of an employee working within the scope of their job. Because most school bus drivers work for a school district or a contracted transportation company, liability often shifts to the employer rather than the driver.
A government agency responsible for road design or upkeep could also carry liability if poor conditions played a role. Identifying every party involved matters because each one may carry separate insurance.
Navigating sovereign immunity caps
When pursuing legal action against school districts, there is a factor that you should be aware of: Sovereign immunity. This prevents you from suing a government agency for negligence the same way you would sue a private party, unless the state permits it.
Florida has partially waived that protection, which means you can bring a negligence claim against a state or local agency under specific conditions. That waiver comes with limits — state law caps the damages you can recover per claimant and per incident.
Meeting Florida’s severe injury threshold
Florida is a no-fault insurance state, meaning your own personal injury protection (PIP) coverage is typically the first source of payment after a motor vehicle accident. PIP pays up to $10,000 toward medical expenses and lost wages regardless of who caused the crash.
If your injuries are minor, PIP may be the only recovery available to you. Suing the at-fault driver for pain and suffering requires your injuries to meet what Florida calls the serious injury threshold. That generally means a permanent injury, a significant loss of bodily function, disfigurement or death.
Acting within Florida’s time limits
Florida gives you two years from the date of a personal injury accident to file a negligence action. When your claim involves a government entity like a school district, however, you face an additional step.
You must submit a written notice to both the agency and the Florida Department of Financial Services. The agency then has six months to investigate and respond. Keep in mind that this waiting period does not pause the two-year statute of limitations, so submitting your notice within 18 months of the accident is essential.