A 12-year old boy was seriously injured in Osceola County a few days ago when he was struck by a car while crossing busy Partin Settlement Road on the way to his bus stop. Apparently the boy was crossing the road to catch his school bus at his bus stop on Partin Settlement Road when a car behind the slowing bus tried to pass it, and collided with him. According to the Orlando Sentinel, young Caleb Burgos is still in critical condition in the Arnold Palmer Hospital for Children. The story of Caleb’s accident would likely be interesting and instructive enough to blog about on its own. After all, the offending driver apparently attempted to use as his excuse the fact that the bus’ stop bar had not fully deployed when he tried to pass the bus — never mind that the bus was almost fully stopped and had it flashing lights and flaps turned on. School buses have flashing lights and flaps for a reason — to alert all drivers on the road that the bus is about to stop, and that they need to be on the lookout for kids in the area. However, the story got more interesting to me, as a Florida personal injury attorney, when I saw a piece on the WESH.com website a day or so later indicating the Osceola County School Board had ordered that the location of Caleb’s bus stop be changed following his accident. Apparently parents had been complaining for some time about the location of the bus stop, and about safety concerns they had. It wasn’t until a child was critically injured that the School Board did anything about it. Typically, decisions by school boards about things like bus stop locations are protected from liability by Florida law. However, in a situation like this one, where the location of the bus stop almost amounts to an admission that it was poorly selected in the first place, I wonder if Osceola County Schools could also be held liable for Caleb’s injuries. After all, Partin Settlement Road didn’t just get busy yesterday. We are going to keep our fingers crossed for Caleb and his family. Cases against government entities are always tricky. Not only are damaged capped by law, but cases against any governmental entity feature specific deadlines and notice requirements that do not exist in non-government cases. If you have any questions regarding a personal injury case involving a governmental entity, or any kind of pedestrian versus car accident, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407–254–4901. Consultations and always FREE and without...Read More »
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