Florida bus accident lawyer

Davis v. Baez – Florida School Bus Stop Pedestrian Accident Lawsuit May Proceed

December 9, 2016 | Associates and Bruce L. Scheiner

Although school buses are designed to be safe vehicles, children at school bus stops – particularly those on busier streets, absent sidewalks and in the early morning hours – may be vulnerable to accidents involving other vehicles. When these incidents occur, it’s important for parents to discuss with an experienced injury lawyer the possibility the school district may be liable in failing to establish safe routes or safe stops.

Decisions about school bus routes have to balance the realities of ridership demand with:

Any special needs of riders;
Climate/ weather;
Population density;
Exposure to crime/ assault;
Traffic density.

School officials have to take into account a myriad of different factors in order to maximize student safety. This does not mean that every injury that occurs at or near a school bus stop or on a student’s route will be grounds for a lawsuit against the school district. But in some cases, the school district may be liable. That is what’s being alleged in the south Florida case of Davis v. Baez, recently before the Florida’s Third District Court of Appeals. Continue reading ›

Pornomo v. U.S. – Court Puts Brakes on Bus Accident Case

March 18, 2016 | Associates and Bruce L. Scheiner

Concerns about bus and motor coach safety have increased in recent years with a number of high-profile accidents, many resulting in multiple fatalities.

Motor coaches are widely used for a variety of trips, including school sporting events, family vacations and outings for seniors. But a number of serious crashes have prompted the National Transportation Safety Board (NTSB) to recommend the Federal Motor Carrier Administration (FMCSA) work with bus operators and the trucking industry to implement improved commercial vehicle safety measures that would include:

Flame-resistant interiors;
Data recorders;
A second door for emergency evacuations;
Pre-trip safety briefings for passengers;
Windows that can stay open during evacuation.

Bus Injury Victim Gets New Trial in Reese v. Stanton

October 30, 2015 | Associates and Bruce L. Scheiner

A woman injured when her work van was struck by a school bus will get a second trial, following an appeal regarding improperly-admitted evidence.

Plaintiff in Reese v. Stanton argued trial court improperly allowed reports and conclusions from workers’ compensation doctors to be admitted into evidence in her personal injury lawsuit – even though those individuals were not called to testify in court. The Montana Supreme Court agreed, finding this action amounted to admission of hearsay.

The idea here is that the witnesses putting forth this information can’t be challenged. It’s the same reason police accident reports typically aren’t entered as evidence unless the officer is also called to testify. Continue reading ›