A recent collision between a school bus and dump truck in Miami raises an interesting question: who is responsible when a garbage truck and a school bus collide? Although many people believe school buses are never to blame, that is not true. Instead, we need to analyze each driver’s actions to find out who is at fault for the collision.
Determining Liability for an Accident
Another word for “fault” is negligence, which basically means a driver did not operate their vehicle with adequate care depending on the circumstances. For example, someone who ran a red light has been insufficiently careful (to put it mildly), so they are at fault for an accident if they plow into another motorist or pedestrian.
As you can imagine, fault is determined on a case by case basis. There are few hard-and-fast rules.
Sometimes, neither motorist is at fault. Instead, there might have been a mechanical defect on either vehicle that caused the collision. For example, if a dump truck’s brakes fail and it crashes into a school bus, then the manufacturer of the defective part is to blame. If a careless mechanic contributed to the accident by negligently repairing brakes, then he could also be liable.
What We Know About the Miami Crash
The recent crash between the dump truck and school bus in Miami is interesting because it looks like either driver might have been to blame. According to Local 10 ABC News, the school bus was travelling north as the garbage truck was reversing onto 12th Avenue. The bus ended up striking the side of the truck. Fortunately, no children were on the bus, though one school aid had to be rescued.
Generally, a vehicle traveling on a road should have the right of way over a vehicle trying to back into it. However, there are other factors to consider. For example, how fast was the school bus going? Was the school bus driver paying attention in the moments leading up to the crash, or had the driver become distracted?
Based on the facts known, we can’t say definitively who is responsible in this case for the accident. Fortunately, the police are continuing to investigate and should shed light on the matter.
Injured in a Crash? Contact Us Today
Dolan Dobrinsky Rosenblum is a leading Miami car accident law firm that has represented countless injured motorists in settlement negotiations and lawsuits. We will use our experience to carefully sift through the evidence to determine fault and fight for maximum compensation for your injuries. Contact us today, 305-371-2692.