Public vs. Private Bus Accidents: How Liability Differs
Buses are a common mode of transportation in West Palm Beach and throughout Florida, carrying thousands of passengers daily. Whether operated by public transit systems, private companies, or charter services, buses provide an essential transportation service. However, when an accident occurs, determining liability can be complex—especially when comparing public vs. private bus accidents.
The rules governing liability, insurance, and legal claims differ depending on who owns and operates the bus. A crash involving a public transit bus—such as a Palm Tran vehicle—is handled very differently from an accident involving a privately owned charter, school bus, or rideshare shuttle. Consult a West Palm Beach bus accident attorney to explore the key differences in liability, what injured victims need to know, and how they can seek compensation after a bus accident.
Key Differences Between Public and Private Bus Accidents
Public Buses (Government-Owned Transit Systems)
Public buses are owned and operated by government entities, such as:
- City or county transit systems (e.g., Palm Tran in Palm Beach County)
- State-funded intercity buses
- Public school buses
When a government-operated bus is involved in an accident, sovereign immunity laws apply to limit when and how the government agency can be sued. Additionally, strict filing deadlines must be met.
Private Buses (Commercial and Charter Services)
Privately owned buses include:
- Charter buses and tour buses
- Privately owned school buses
- Casino shuttles, hotel transportation, or corporate buses
- Rideshare-affiliated buses (such as airport or event shuttles)
Accidents involving privately owned buses are typically handled like commercial vehicle crashes, where liability falls on the driver, the company, and in some cases, a third-party maintenance provider. These cases do not have the same limitations as public transit accidents, making it easier for victims to recover their full damages.
Liability in Public Bus Accidents
Sovereign Immunity and Limited Liability
Public transit agencies, such as Palm Tran, are protected under sovereign immunity laws—a legal doctrine that limits when and how the government can be sued. Florida Statute § 768.28 allows injured victims to sue government entities but places restrictions on compensation and the process for filing claims.
Key limitations in public bus accident claims include:
- Damages are capped at $200,000 per person and $300,000 per incident under Florida law.
- Strict notice requirements—victims must file a formal claim with the government agency before suing.
- Longer response times—after a claim is filed, government entities have up to six months to investigate the claim before a lawsuit can proceed.
When the Government Can Be Held Liable
A public bus system may be held liable if:
- The bus driver was negligent (e.g., speeding, distracted driving, or failing to yield).
- The bus was poorly maintained, leading to brake failure or mechanical issues.
- The transit agency failed to train or properly vet the driver.
However, if a crash was caused by another driver, weather conditions, or passenger misconduct, the government agency may not be liable.
Liability in Private Bus Accidents
Unlike public buses, private bus companies do not have sovereign immunity protections. They can be held liable under general personal injury and commercial liability laws.
Who Can Be Held Responsible in a Private Bus Accident?
- The Bus Driver – If the driver was speeding, distracted, intoxicated, or otherwise negligent, they may be personally liable.
- The Bus Company – The company may be liable for poor hiring practices, inadequate training, or failure to maintain the bus.
- A Third-Party Maintenance Provider – If mechanical failure caused the crash, a maintenance contractor may be responsible.
- Another Driver – If another motorist caused the accident, their insurance company may be responsible for damages.
- The Bus Manufacturer – If the bus had a defective part or design flaw, the manufacturer could be liable under product liability laws.
Unlike public bus claims, private bus accident lawsuits have no damage caps, and victims may seek full compensation for medical expenses, lost wages, pain and suffering, and long-term disabilities.
Steps to Take After a Bus Accident
- Seek Medical Attention – Even if injuries seem minor, get checked by a doctor.
- Report the Accident – Call 911 and ensure a police report is filed.
- Gather Evidence – Take photos of the accident scene, injuries, and vehicle damage.
- Collect Witness Information – Get names and contact details from anyone who saw the crash.
- Do Not Speak to Insurance Adjusters – Avoid making statements to insurance companies without legal representation.
- Consult a Personal Injury Attorney – An experienced bus accident lawyer can determine liability, gather evidence, and fight for maximum compensation.
Contact Smith, Ball, Báez & Prather
Accidents involving public and private buses present unique legal challenges. Public transit accidents are complicated by sovereign immunity laws, limiting lawsuits and compensation, while private bus accidents allow for more traditional personal injury claims without damage caps.
For victims, understanding who is liable, what laws apply, and how to pursue compensation is critical. Whether the accident involved a city bus, charter bus, school bus, or shuttle, seeking legal guidance ensures that your rights are protected, and you receive the compensation you deserve.
If you or a loved one has been injured in a bus accident, the legal team at Smith, Ball, Báez & Prather is here to help. Our attorneys have extensive experience handling both public and private bus accident claims, ensuring that victims receive the maximum compensation possible.
Contact us today for a free consultation to discuss your legal options.
Sources:
justia.com/injury/motor-vehicle-accidents/public-transportation-accidents/
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.742.html
