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Posts Tagged "school bus"

Did Placement Of Bus Stop Cause Osceola Pedestrian Versus Car Accident?

Posted by on Feb 3, 2015 in Motor vehicle accidents

Did Placement Of Bus Stop Cause Osceola Pedestrian Versus Car Accident?

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...

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Huge Palm Coast Crash, Multiple Kids Injured. Who Will Pay For Damages?

Posted by on Jan 16, 2015 in Motor vehicle accidents

Huge Palm Coast Crash, Multiple Kids Injured.  Who Will Pay For Damages?

Approximately twenty-five people were injured in a major T-bone collision that occurred on Whiteview Parkway at Ravenwood Drive in Palm Coast.  According to the clickorlando.com website, a Flagler County school bus carrying 42 students was headed to Buddy Taylor Middle School when a Mazda automobile suddenly showed up directly in front of the bus.  Apparently, the Mazda has been sitting at a stop sign when it was rear-ended by a Subaru at a high rate of speed.  The force of the impact was enough to propel the Mazda across the intersection and directly into the path of the bus. The impact was significant.  The bus driver was reported to initially be trapped in bus.  Several people, including some students and the drivers of both automobiles were taken by ambulance to the hospital.  The remainder of the injured were transported by another school bus to the hospital.  Most of the students were treated and released, however several students, and all three adults remained in the hospital through the following day – at least one in critical condition. It seems clear that the majority, if not all, of the fault for this accident lies with the driver of the Subaru who forced the Mazda into the intersection.  However, based upon the number of victims involved — somewhere in the neighborhood of 20 — and that nature of some of the reported injuries, it is unlikely that the driver of the Subaru will have adequate liability insurance to properly respond to all of the claims for damages that may be presented as the result of this negligence.  Unless the owner of the Subaru is independently wealthy, or just won the lottery, it is unlikely that anyone injured in this crash would benefit from pursuing the driver of the Subaru personally. This unfortunate incident is a perfect example of why everyone who drives or owns a vehicle in Florida should carry as much Uninsured/Underinsured Motorist coverage as part of their automobile insurance package.  In this Palm Coast accident, each of the children who were injured in this crash, and lived with a relative who carried Uninsured/Underinsured Motorist coverage, would have access to UM benefits if their injuries are considered permanent.  Without Uninsured/Underinsured Motorist coverage it is unlikely that any of the children will receive any kind of fair compensation for their injuries. Uninsured/Underinsured Motorist coverage is designed to be a substitute for the liability coverage that the negligent driver should have carried. Of course, it is our hope that all 25 people injured in the crash make speedy recoveries, and never need to access UM coverage.  However, it is great to have it just-in-case. If you have any questions regarding a Florida car accident, or how Florida Uninsured/Underinsured Motorist coverage works, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  Consultations are always...

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