Plaintiff Wins $2.8M After School Bus Runs Her Over in Clearwater, FL

A Florida plaintiff recently secured a $2.8 million settlement after being struck and run over by a school bus in Clearwater, Florida. According to the lawsuit, the plaintiff was walking her usual route at a bus stop near her home when a Pinellas County school bus rolled over her and continued on its route. The plaintiff had entered a marked crosswalk at an intersection when the accident occurred. The plaintiff had the right of way, a green traffic light, and a “walk” icon at the pedestrian traffic signal. The driver had 28 students with her at the time of the accident. She struck the plaintiff with the front-right side of the bus. The rear wheels then ran over the plaintiff as the bus attempted to execute a turn. The driver of the bus reported “hearing a thump” but thought she had hit a curb and did not report the incident or stop for the accident.

The bus driver admitted that she was not following her authorized route at the time of the accident and that she was unable to see the plaintiff because of fog on the windshield that obscured her vision.

According to her lawsuit, the plaintiff suffered numerous life-threatening injuries. She contended she suffered internal bleeding, a collapsed lung, a bruised spleen, breaks to her pelvic bones, spinal injuries, and fractures to her shoulders and ribs. She also sustained nerve damage that rendered her right arm immobile and a traumatic brain injury that caused memory, concentration, executive function, and language skills problems.

Sovereign immunity 

In this case, the defendant was a state agency whose employee negligently injured the plaintiff. When you’re suing the state, the state can cap the amount of damages you recover at $200,000 per claim. In order to recover more than the statutory cap, your attorney must submit a claims bill with the legislature. In this case, the accident settled for $2.8 million. The plaintiff was able to recover $200,000 right away but had to wait until the legislature voted on the claims bill.

Elements of negligence

 In this case, the bus driver was considered negligent for causing the accident that led to the plaintiff’s injuries. She could not see the plaintiff due to fog on her window. It would be expected that a bus driver carrying children would ensure their field of vision was unobstructed during the trip. In this case, that led to the bus driver running over the plaintiff and causing catastrophic injuries that nearly cost her life. The plaintiff will never be the same after the accident having suffered a life-altering traumatic brain injury that will likely prevent her from working again.

Talk to a Tampa, FL Pedestrian Accident Attorney Today 

The Tampa, FL car accident attorneys at Florin Gray represent the interests of plaintiffs in personal injury lawsuits against negligent defendants. Call our office today to schedule a free consultation, and we can begin preparing your case right away.

Source:

floridapolitics.com/archives/591139-clearwater-woman-crushed-under-school-bus-awaits-3m-settlement-balance/