Florida Injury Lawyer Blog

Many Hialeah students rely on school buses to get them to school – as do students across the state. While some parents worry about the safety of school buses and are concerned about Hialeah bus accidents, studies have shown that school buses may be one of the safest means of transportation to and from school. School buses do this in a number of ways:

1) By reducing the number of cars on the road. According to the National Highway Traffic Safety Administration (NHTSA), school buses nationwide keep about 17.3 million cars away from school areas every morning. Each school bus removes about 36 cars from a school area. This is significant, since early-morning traffic congestion around the school zone can increase the risk of Hialeah pedestrian accidents and other traffic accidents. Nationwide, school buses also save 2.3 billion gallons of fuel, 6 billion dollars, and 44.6 billion pounds of CO2. This helps build a stronger economy and safer air for everyone.

2) School buses are designed to be safer. According to the NHTSA, school buses are designed to prevent injuries and prevent crashes. School buses have many safety features, including flashing lights, cross-view mirrors, reinforced sides, stop sign arms, high visibility colors, and special crush standards. In addition, school bus drivers are specially screened and trained as well as subject to random testing to ensure that they are safe drivers. All these safety factors make the average school bus far safer than the average passenger vehicle driven by an adult. School bus drivers are specially trained to be very safe drivers and the vehicles themselves are designed to be safer. In the unlikely event that your child is involved in a school bus accident, the special design of the school bus can help reduce the risk of serious Hialeah burn injuries, broken bones, head injuries, and other common injuries which can occur with any Hialeah traffic accident.

3) School buses have lower fatality rates in accidents. According to the NHSTA, student fatalities involving a car crash with a teen driver are 58%, compared with 23% in crashes involving adult drivers, while only 1% of student fatalities during school travel hours involve school buses. Statistics show repeatedly that far fewer students are injured while riding a school bus compared with getting a drive in a passenger car. While school buses are not without risks and while much has been written about adding safety belts to make school buses safer, the reality is that this is the safest mode of transportation available to most students.

Continue reading "The Facts About Hialeah Bus Accidents Involving School Buses" »

A new research study by The Center for National Truck and Bus Statistics at the University of Michigan Transportation Research Institute (UMTRI) of fatal bus accidents across the country found that school bus drivers have the best safety record of all bus drivers but there are more deaths linked to school bus accidents. This may be due in part to the fact that there are more school buses on the road than other types of buses. Researchers compared charter buses, school buses, transit buses, intercity buses and other buses as part of their study.

School buses accounted for more than 39% of the total number of buses. According to researchers, the number of fatal school bus accidents rose 7.5% between 2007 and 2008. About 40% of all fatal bus accidents involved school buses. As well, researchers found that about half of all fatal bus accidents took place in two time periods – between 2:00-4:59pm and between 6:00-8:59pm – as these were the hours in which school buses were most busy.

Transit buses across the country were involved in 86 fatal accidents in the time frame of the study. Intercity buses were a factor in nine fatal bus accidents and charter buses were involved in 27 fatal bus accidents in the same time period. About 41 "other" buses were involved in accidents during this time period and 10 "unknown" types of buses were involved in fatal crashes during this same time.

According to researchers and the Center for National Truck and Bus Statistics at (UMTRI), a large part of the reason why school bus accident rates are so high is simply because there are more school buses on the nation's roads. In 2009, there were 480,000 school buses on the roads and these school buses made 10 billion trips, for example, while transit buses made over 5.4 million passenger trips. As well, researchers at the UMTRI found that in half of fatal school bus accidents, the bus drivers were not at fault. In the study, 25 of the fatal school bus accidents occurred when a vehicle struck the school bus head-on. About 11 of the accidents occurred when a vehicle rear-ended the school bus and in nine of the accidents a vehicle swiped the school bus.

One unfortunate statistic is that fatal Florida bus accidents involving school buses were most common. Of all the states, Florida had the most such accidents, with 14 occurring in the state. Georgia, New York, California, Texas, Illinois, and Ohio had between six and nine fatal school bus accidents. Other states had less than five fatal school bus accidents the same year.

The NHTSA FARS shows that for the 2007-2008 school year, 21 fatal pedestrian accidents and seven fatal bicycle accidents occurred due to school bus collisions. However, the study by UMTRI researchers found that school bus drivers were safer, ob average, than other bus drivers. 91 of the 120 school bus drivers involved in fatal bus accidents had no previous accidents while 15 of the drivers had only one prior accidents. According to researchers, this presents the best pre-accident record of all bus drivers.

Continue reading "New Research Could Give Insight into Florida Bus Accidents" »

Small businesses and individuals are increasingly relying on discount buses and coach buses for transportation. With rising fuel prices, these buses are used to conduct tours and are used to shuttle groups of athletes, students, and even employees from place to place. In Florida, coach buses are extremely common, used by tourism businesses and tour operators. Unfortunately, the prevalent use of these buses in Florida can mean more Florida bus accidents.

It is completely legal in Florida for coach buses to not have seat belts available. Part of the problem is a 2002 study by the National Highway Traffic Safety Administration (NHTSA). The study found that seat belts on such vehicles do not seem to have any benefit in reducing injuries in frontal collisions. The study further concluded that for young passengers lap seat belts on coach buses and school buses can increase the risk of serious abdominal and neck injuries.

The NHTSA study further found that the type of belts used in cars – known as lap-shoulder belts – when used correctly in buses can slightly lower the risk of neck injuries and head injuries. However, the study concluded that spacing cushioned seats close together worked as well as seatbelts in protecting passengers. However, the same study also concluded that in the event of a bus rollover, seat belt use could reduce the risk of fatality by 77%.

The NHTSA study and others like it point to a major problem with seat belts on buses: there is a lot of contradictory information available about the effectiveness of seatbelts in preventing bus accident injuries. While the benefits of seat belts in passenger cars have been well established and widely accepted, the same is not true when it comes to seat belt use in buses.

Some experts claim that seat belts would pose an additional distraction for school bus drivers because drivers would need to enforce seat belt use among students rather than keeping eyes on the road. As well, they note that seat belt use would mean fewer seats per bus and therefore more buses on the road, which might also increase the risk of Florida bus accidents. Many experts also note that the costs of seat belt implementation would outweigh the benefits, especially since bus accidents are rare and buses are considered far safer than passenger vehicles. According to the American Bus Association, the fatality rate for cars in 2007 was 1.04 per 100 million miles, compared with 0.5 per 100 million miles for coach buses.

Despite these assurances, however, there have been a number of high-profile bus crashes in the past decade, causing new laws to be passed. Federal laws, for example, require that school buses of less than 10 000 pounds make seat belts available, since these buses are more likely to result in students being ejected from their seats in an accident. As well, Florida and five other states require school buses to have some form of restraint. Currently, however, there are no similar rules for coach buses. A bill known as the Motorcoach Enhanced Safety Act would change that by mandating ejection-proof windows, seat belts, and rollover-proof roofs. Another rule has been proposed which would make it mandatory for all new coach buses to have seat belts.

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A 2007 study published in the American Journal of Epidemiology revealed that bus accidents are far more rare than most other types of accidents. According to the study, the annualized injury rates for motorcycles was 10, 336. For bicycles it was 1,461 and for cars it was 803. The annualized injury rates for walking was 216 and for buses it was 161. The conclusion the researchers reached was that those riding a bus are far less likely to be killed than motorists, cyclists, or pedestrians.

There are many possible reasons for this. The sheer size of a bus protects passengers inside of it in a collision, especially if that collision is with a smaller vehicle, such as a passenger vehicle. As well, the size of the bus may distribute the force of a crash differently than a smaller vehicle, protecting passengers. As well, buses tend to travel more slowly, which can contribute to the fact that Florida bus accidents are rarer than Florida car accidents and other traffic accidents.

According to the 2007 study, the fatality rates for different vehicles also vary widely. For motorcycles, the fatality rate is 537, while for bicycles it is 21 and for pedestrians it is 14. For a car, fatality rates are 9 and for a bus only 0.4, according to researchers. The researchers further found that there are differences in fatalities and injuries by age. For example, for children under the age of 4, virtually all traffic-related injuries occur while walking or in a car. This may be because parents are less likely to take their children aboard public transportation. However, it can also be because buses are a safer way to travel overall, resulting in fewer injuries.

Another factor that can affect bus accident rates may also be the risk factors associated with other types of vehicles and modes of transport. Most modes of transportation have serious vulnerabilities. Florida pedestrian accidents, for example, often lead to serious injuries and fatalities because pedestrians are virtually unprotected in an accident – their bodies bear the direct brunt force of a large vehicle. Bicyclists and motorcyclists similarly have little protection when compared with bus passengers. Car drivers, on the other hand, can easily take risks which can lead to an accident while bus drivers are carefully trained and monitored to avoid such risks.

While bus accidents are rare, they can occur. During the holiday season, it is important to exercise extra caution. Buses may be more crowded with holiday shoppers and steps may get slippery as the holiday weather arrives. It is important to travel wearing sturdy shoes and comfortable clothes. Where possible, sit down in a bus or grip a bar or overhead bar in order to secure your position. Wait until the bus comes to a complete stop before walking towards an exit.

Continue reading "Florida Bus Accidents are Rare, But Other Traffic Accidents are a Problem " »

Florida bus accidents are tragic, but school bus accidents tend to be even more frightening for parents and children. Each year, many Florida injuries to minors and children take place on school buses. About 25 million students nationwide take a school bus to school in the morning, and school bus accidents injure about 11 000 people and kill about 134 people nationwide each year.

According to the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS), between 2000 and 2005, 19% of school bus accidents were in fact pedestrian accidents in which pedestrians were killed. In about 4% of cases, school bus drivers were the victims of these pedestrian school bus accidents and in about 5% of cases, school bus passengers were the victims. In about 70% of school bus accidents, fatalities occurred to occupants of other vehicles (rather than the school bus itself).

According to The National Safety Council, parents should teach their children these school bus safety rules before the start of the school year:

1) When waiting for the school bus, students should stay away from traffic and should avoid playing around. Sometimes, students get pushed into the street during games while waiting for the school bus and this can easily lead to a Florida car accident. Students should also avoid straying onto private property, streets, or alleys while waiting for the bus.

2) When boarding the bus, students should line up away from the road and should wait until the school bus has made a complete stop and has opened its doors before approaching the vehicle. Teach younger children to use the handrail when entering the school bus.

3) When on the bus, students should sit down and remain quiet. Standing can cause serious injuries if the bus is in an accident. Each year, Florida brain injuries occur during school bus accidents because students were standing or were not seated during a collision. It’s important that students avoid distracting the bus driver as well. Many Florida bus accidents are caused by distracted drivers. When riding the bus, students should keep aisles clear. In the event of an accident, clear aisles make it easier to exit the bus.

4) When exiting the bus, students should wait until the bus comes to a complete stop before using the handrails to exit the bus. Students should stay well away from the bus and the wheels of the bus.

5) One of the most dangerous situations when exiting the bus is crossing a street after getting off the bus. This is the situation in which most Florida pedestrian accidents involving schoolchildren take place. Although cars are required by law to stop when they see a school bus, not all drivers do this. If your child has to cross a street after disembarking from a bus, teach your child to walk ten feet in front of the bus and then turn around and wait from a signal from the driver before crossing. Students should obey driver signals and keep an eye out for traffic while crossing the street.

Although school bus accidents are not as common as car accidents, they do cause many personal injuries each year. In the 2008-2009 school year alone, 158 school bus accidents took place in Florida. What is even more alarming is that in every case, school bus driver error was determine to be the cause of these accidents. In 28 of these accidents, at least one person sustained a personal injury.

Drivers are repeatedly warned to drive safely around school buses, since school buses carry children. However, this latest statistics suggests that while drivers may be getting the message, school bus drivers may require added regulations. In many of the 158 school bus accidents in Florida last school year, driver error resulted when a school bus driver failed to yield right of way. In some cases, driver mistakes – such as an illegal turn – caused the accident.

School bus accidents are an especial cause of concern because these larger vehicles can cause a great deal of damage. A school bus filled with students can weigh 40,000 pounds, while most empty school buses can weigh up to 28,000 pounds. In comparison, most passenger vehicles weigh 5,000 pounds or less. In a car accident involving a school bus, the passengers in a car are very likely to be harmed.

Also, most school buses do not have seat belt systems for students. In a car accident involving a school bus, the passengers of a car may be injured, but children inside a bus may also be jostled and may sustain serious injury. Children can easily fall in a bus that has hit a car, and these falls can result in head injuries, broken bones, and other injuries. As well, the trauma and fear that these children experience can last some time.

Obviously, school districts and schools have an obligation to hire safe drivers. If a school bus driver is found to have an unsafe driving record, a school district may be held liable or partly liable for any injuries the driver causes. The driver will generally also be held liable for any injuries caused by reckless driving.

Back to school means back to the school bus. While buses can be a very safe and environmentally-friendly way of ferrying children back and forth to school, school bus accidents, when they do happen, can be devastating. School bus accidents can cause brain injuries, broken bones, fatalities, and other serious personal injuries.

Parents can help prevent school bus accidents by teaching their children school bus safety. Teach your child to wait for the bus safely, for example. This means waiting for the bus away from the street and away from traffic. Teach your child to wait until the bus stops completely before approaching the bus. Teach your child to wait until the bus driver makes contact.

Many school bus accidents are in fact pedestrian accidents which occur when children are getting on or off the school bus. Therefore, teach your children to keep a safe distance from the bus when getting off the bus. Show children how to take five large steps and look back to ensure that the driver can be seen. Many children do not understand that drivers have blind spots, so ensure that your child understands this concept. Teach your children to look left and right before proceeding across a street after their hop off the bus. For younger children, accompany them to and from the bus and review these safety ideas until they become second nature.

In addition to teaching children how to ride the school bus safely, there are several things that parents can do to help keep their children safe on the school bus. Supervision is one of the most important factors to preventing school bus accidents. Supervision ensures that no child runs behind a bus, into traffic, or into a driver’s blind spots. Younger children, especially, need supervision to ensure that they don’t run into the street while playing. If you cannot supervise your child to and from the school bus each day, have an older sibling do this or organize a group of parents who can take turns watching the school bus stop.

In addition to supervising, parents can ensure that their children are safe when heading to the bus stop. Ensure that all your child’s possessions are securely stored in a backpack. If your child loses a paper, he or she may bend down to pick it up near the bus and this may prevent the driver from seeing your child. If your child is carrying items loosely and an item is carried away by the wind, he or she may chase after it into traffic. In addition to keeping all items in a backpack, ensure that your child doesn’t war anything with long straps or drawstrings that can get caught in the school bus door.

If you notice anything dangerous about a bus driver or a bus stop, talk to your school’s transportation director, school office, or school district. If the school bus stop is in a busy area, for example, you can request to have the stop moved to a safer and quieter location so that all the children will be safer.

Buses of all types transport people around cities and rural areas across the state of Florida and across the country. From tour buses to city buses, school buses, and chartered buses, buses are an economical and usually safe way to travel. However, buses are sometimes in accidents. Accidents involving buses can be pedestrian accidents, car accidents or bus-bus collisions. In every case, serious personal injury or even fatalities can occur.

If you have been in a bus accident, it is important that you visit a doctor or emergency room right away. Even if you are lucky and seem to be fine, keep in mind that some injuries are not immediately apparent. Some fatal brain injuries, for example, do not show symptoms for an hour or more. It is better to be safe. A visit to a medical professional can save you from serious complications.

In addition to seeing a doctor, you should begin to gather as much information as you can. If possible, write down the bus driver’s name, the bus vehicle or license plate number, insurance information for the bus, contact information for witnesses, and anything else you can think of. Take pictures if you can and be sure to get copies of any medical reports. All this information can help you make a claim. Even if you are rushed to the hospital and cannot take any information from the scene, get copies of the police report and medical reports and start to keep a journal of your injuries.

After a bus accident, it is important that you exercise caution when talking about the accident or signing any papers. Hire a qualified Florida personal injury attorney soon after the accident. A good lawyer will ensure that your rights and claims are safeguarded. Try not to discuss the accident or sign legal papers unless your attorney is present.

Bus drivers and owners have a duty to keep their buses safe. If you have been injured in a bus accident, one of the inevitable questions will be whether a bus company or driver has done everything possible to provide a safe form of transportation. Your attorney may wish to launch an investigation into the road conditions, weather, and bus maintenance or bus condition at the time of the accident. This can help determine whether negligence or mechanical failure contributed to the accident.