Regarding pedestrian accidents involving public transportation, the legal landscape can be particularly complex. If you or a loved one has been injured by a bus, train, or other forms of public transit in Boca Raton or anywhere in Florida, it’s crucial to understand your legal options. As a pedestrian accident attorney at The Barzakay Law Firm, Attorney Big Al is dedicated to helping injured victims navigate these challenges and secure the compensation they deserve.
Understanding the Risks
Public transportation is an essential service that provides convenience and efficiency for many Floridians. However, with the increased number of buses and other transit vehicles on the road, the risk of accidents involving pedestrians also rises. These accidents can result in severe injuries, from broken bones and head trauma to life-altering disabilities. The aftermath of such an incident can be overwhelming, both physically and emotionally, making it vital to seek professional legal assistance.
Legal Considerations for Public Transit Accidents
Governmental Immunity
One of the primary legal considerations in pedestrian accidents involving public transportation is governmental immunity. In Florida, public transit agencies are often considered government entities, which means they may be protected by sovereign immunity laws. This legal doctrine can limit the liability of government entities and make it more challenging to file a lawsuit against them.
However, there are exceptions to this rule. Under the Florida Tort Claims Act, government entities can be held liable for negligence, but there are specific procedures and limitations in place. For instance, claims against government entities must typically be filed within a shorter timeframe, and there are caps on the amount of damages that can be recovered.
Negligence and Liability
To successfully pursue a claim against a public transit agency, you must establish that the agency or its employees were negligent. This involves proving that they breached a duty of care owed to you and that this breach directly caused your injuries. Common examples of negligence in public transit accidents include:
- Driver Error: This could involve speeding, distracted driving, or failure to yield to pedestrians.
- Improper Maintenance: Public transit agencies must ensure their vehicles are properly maintained. Failure to do so can lead to mechanical failures and accidents.
- Inadequate Training: Drivers should be adequately trained to handle various traffic situations safely. Lack of proper training can contribute to accidents.
Comparative Negligence
Florida follows the comparative negligence rule, which means that if you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault. For instance, if you were crossing the street outside of a designated crosswalk, you might be assigned a portion of the blame. It’s crucial to have an experienced pedestrian accident attorney like Big Al to help minimize any potential fault attributed to you and maximize your compensation.
Filing a Claim
If you decide to pursue a claim, the process generally involves several steps:
- Notice of Claim: Before filing a lawsuit against a government entity, you must provide a notice of claim, which gives the agency a chance to investigate and settle the matter outside of court. This notice must be filed within a specific timeframe, usually six months.
- Investigation: Your pedestrian accident attorney will gather evidence to support your claim, including accident reports, witness statements, medical records, and expert testimonies.
- Negotiation: Often, cases can be settled through negotiation with the public transit agency or their insurance provider. A skilled pedestrian accident attorney will advocate for a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
- Litigation: If a settlement cannot be reached, your pedestrian accident attorney may file a lawsuit and take the case to court. This involves presenting your case before a judge or jury, who will determine the outcome.
Why Choose The Barzakay Pedestrian Accident Attorney?
Navigating the complexities of pedestrian accidents involving public transportation requires a knowledgeable and experienced pedestrian accident attorney. At The Barzakay Law Firm, Attorney Big Al is committed to providing compassionate and aggressive representation to injured victims in Boca Raton and throughout Florida. Our team understands the unique challenges these cases present and will work tirelessly to achieve the best possible outcome for you.
If you or a loved one has been injured by public transportation, don’t hesitate to contact us for a free consultation. We are here to help you understand your legal options and fight for the compensation you deserve.For more information on pedestrian safety and public transportation, you can visit The National Highway Traffic Safety Administration and The Florida Department of Transportation.
