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Nicoletti Walker Law Group Sept. 22, 2014

A Florida man was injured this week after he lost control of his sport utility vehicle and crashed into a school bus. Luckily, there were no passengers on the bus at the time of the car crash. The driver of the SUV was taken to a hospital to receive treatment for his serious injuries. The bus driver was treated for his injuries at the scene and was not hospitalized. This accident occurred when the SUV was in the inside lane and the school bus was in the outside lane. The driver of the SUV attempted to change lanes but lost control of the vehicle and drifted into the path of the bus. Although the bus driver tried to avoid the collision, he was unable to and the bus struck the driver’s side of the SUV. According to a highway patrol report, the driver of the SUV was cited for making an improper lane change.

If There Were Kids on The Bus Who Were Injured, Who Could They Sue?

Although thankfully there were no children on the bus, there are several parties that an injured child could seek compensation from in this situation. First, an injured child could obviously sue the driver of the car who drifted into the path of the school bus. That driver is almost certainly negligent and will probably be liable for the injuries that he caused. Additionally, in some circumstances the injured children will be able to sue the bus driver, the owner of the bus company, or maybe even the school. It all depends on if the bus driver was partially at fault for the accident and whom the bus driver works for. Under the legal theory of respondeat superior, an employer can be responsible for the actions of an employee while the employee was acting within the scope of his employment. This means that if the bus driver is partially at fault, then the victims will most likely be able to sue whoever is employing the bus driver at the time of the accident. This can make it easier for victim to recover for their injuries because oftentimes companies are more likely than their employees to have the resources to fully compensate victims for their injuries.

What if More than One Person Is at Fault?

Florida is a “comparative fault” state, which means that each person who is negligent will only be liable for his or her percentage of fault in causing the accident. For example, if a court determined that the driver of an SUV is 75% at fault and the driver of a school bus is 25% at fault, then each of those parties would only be liable for their respective percentage at fault. Additionally, in Florida you need to sue each party who is at fault if you want to recover for the entirety of your injuries, so it is important to speak to an experienced attorney who can help you determine all of the parties that need to be involved in a lawsuit.

If you or your child has been injured and you are not sure what legal recourse is available to you, contact the experienced Clearwater personal injury attorneys at Mike Walker Law for a consultation.