West Palm Beach area school bus runs over a high school student early in the morning

Large transportation vehicles like buses can cause serious injuries to multiple people when an accident occurs. If any of these injuries prove to be fatal, there are special remedies available to the surviving family members through a wrongful death lawsuit. Because wrongful death cases are slightly different from other injury cases, you should have an attorney thoroughly explain the state’s wrongful death statute to you.

A school bus accident took the life of a 15 year old girl in Palm Beach County in the suburbs outside of West Palm Beach, Florida.

Police respond to find young girl was hit in the crosswalk in a suburban area

Sheriff’s deputies first responded to the area of Haverhill Road’s 1700 block at about 6:30 am on a school day. Their investigation and report detailed the facts leading up to the accident. The school bus driver claimed to have a green light to make a right turn onto Haverhill Road. Around the same time, the light was changing for traffic in the opposite direction. The victim started to enter the crosswalk at the intersection, which is where she was struck by the front end of the bus. Fire rescue believes that after the initial impact, the victim was trapped under the bus and her body was dragged for a small distance.

The victim was rushed to St. Mary’s Medical Center to be treated in the trauma unit, but she succumbed to her injuries shortly afterward.

The family of the victim confirmed that the crash happened just days before her 16th birthday. She was a student in the 10th grade at Inlet Grove Community High School, located in Riviera Beach. She was also enrolled in a medical program at the school. Her mother remembered her as a fun and joyful person. Her uncle also added that she always had a great sense of humor about pretty much everything. The family had planned a vigil for her later in the same week.

Her school principal was going to make grief counselors available for any other students at the school who may need their services. Because the campus is fairly small, most of the students knew each other very well. All of the students’ parents were notified about the incident, and told the staff would be available to help in any manner possible.

No one else was harmed during the incident aside from the one victim. The name of the bus driver was released to the public, but it is unknown if he will face any criminal penalties or receive any traffic citations for his role in the accident. There was also no information released regarding whether the family was considering legal action against the driver.

Accidents that result in the death of one or more victims

When a transportation company that owns buses or other vehicles is responsible for a person’s death, the victim’s family can file a wrongful death lawsuit with the assistance of a personal injury lawyer. This can be done whether or not the driver responsible is charged criminally or convicted for their actions.

Wrongful death claims are so important for a family because they can receive compensation related to the victim’s funeral and burial costs, future lost wages, hospitalization and medical treatment, and the value of any other services they provided. The sum of all of these amounts can be quite large, especially if the victim was young or had high earning potential. The state of Florida regulates who can file a wrongful death lawsuit, and the statute of limitations for filing such a case is relatively short. This means that it is best to contact a lawyer as soon as possible after a fatal motor vehicle accident.

What exactly will your attorney do to help you receive compensation?

The first thing to do is discuss the situation thoroughly with your lawyer. You should receive a basic overview of how the process will work and either accept or decline their services for representation for this particular incident. Lawyers cannot guarantee a certain outcome or that a client will receive a certain sum of money. However, most civil attorneys work on a contingent fee, where a client does not pay the attorney unless they win the case.

If you agree to let them handle your case, they will file the initial complaint in the local court. This document lists the plaintiff, the defendant, a brief statement of facts regarding what happened and why the defendant is responsible, along with a monetary amount that is meant to compensate the plaintiff for all of these losses.

Frequently Asked Questions:

 If the bus is owned by the Palm Beach County School District, are there special rules for suing them?

Yes. Because the school district is a government entity, you must follow the rules of Sovereign Immunity ($768.28, Fla. Stat.). This involves:

• Notice of Claim: You must provide a formal written notice to both the school board and the Florida Department of Financial Services before filing a lawsuit.
• Waiting Period: You must wait 180 days (the “investigatory period”) after notice before the lawsuit can be filed.
• Damage Caps: Total recovery is now generally capped at $400,000 per person or $600,000 per incident ($S 768.28$, Fla. Stat.), unless a ‘Claims Bill’ is passed for a higher payout.

Does the “Green Light” defense by the bus driver automatically clear them of fault?

No. Under Florida’s modified comparative fault system, a driver with a green light still has a ‘Duty of Care’ to avoid hitting pedestrians ($S 316.130$, Fla. Stat.). However, it is important to note that if a jury finds the pedestrian was more than 50% at fault for the accident, Florida law now bars the recovery of any damages. If the driver is found partially at fault (and the pedestrian is 50% or less at fault), the school district remains liable for its percentage of negligence.

 Can the family recover for the student’s “future earning potential” if she were only 15?

Yes. In a Florida wrongful death claim, the estate can seek damages for ‘loss of prospective net accumulations.’ Since the student was enrolled in a medical program at Inlet Grove Community High School, a qualified witness (such as an economist) can testify about her probable career path and future earnings. This helps the jury determine the financial loss the estate suffered due to her life being cut short.

What happens if the bus driver is never criminally charged?

A lack of criminal charges has no bearing on a civil lawsuit. The “burden of proof” in a criminal case is “beyond a reasonable doubt,” whereas in a West Palm Beach civil court, the burden is a “preponderance of the evidence” (meaning it is more likely than not that the driver was negligent). Many families successfully win civil settlements or verdicts even when the State Attorney decides not to file criminal charges against a bus driver.

Who has the legal right to file the lawsuit for a minor student in Florida?

Under the Florida Wrongful Death Act, the lawsuit must be filed by the Personal Representative of the student’s estate. This is usually a parent. The lawsuit is filed on behalf of the estate and all “survivors.” In this case, both parents are considered survivors and can seek compensation for mental pain and suffering from the date of the injury, as well as the loss of their child’s companionship and protection.

Consult with an attorney to determine if you should file a lawsuit

To talk to a local lawyer after an accident in the West Palm Beach area, contact Smith and Vanture. They serve the citizens of south Florida with superior legal representation after all kinds of motor vehicle incidents.