If you suffered injuries from the Sun Trolley in Fort Lauderdale, you might be wondering where to turn for help. These cases are not like ordinary car accident cases, in which you exchange auto insurance information with the other driver and then make a claim.
Can You Sue the Fort Lauderdale Sun Trolley?
Yes, but it is not as simple as suing a person or an ordinary business. The Downtown Fort Lauderdale Transportation Management Association (TMA) administers the Sun Trolley. The TMA is a 501(C)3 non-profit organization. You may be able to sue a non-profit agency like the TMA but these cases can be complex. We encourage those hurt on the Sun Trolley to speak with a lawyer at our firm to go over liability and whether they can file a lawsuit. Call 954-767-6500.
Who is Liable for Injuries That Happen on the Sun Trolley?
The Sun Trolley is not automatically liable for every injury that happens on one of its red and yellow trolleys. You must prove negligence on the part of Sun Trolley, such as negligent operation, hiring, supervision, or equipment maintenance. If, for example, the trolley driver operated the trolley in a reckless manner, and this negligence caused an accident that resulted in your injuries, the TMA may be liable.
Does it Matter If I Was Partly to Blame for My Injuries?
Yes. Florida follows the law of comparative fault, which means your partial fault will reduce the amount of compensation you receive for your damages by the proportional amount of your fault. In other words, if your damages were $20,000 and you were 10 percent at fault, your compensation would be $18,000 ($20,000 minus $2,000 for your 10 percent fault).
Does the Sun Trolley Have Any Defenses to Liability Claims?
Yes. Its defenses will depend on the facts of each case, but if you were violating any of the rules and regulations of the trolley, and breaking these rules caused your injury, the trolley will deny its liability. Here are some examples of how violating rules of the trolley can cause injuries:
- You cannot take food or beverages on the trolley. If you violated this rule by bringing a drink onto the trolley, then spilled the drink, slipped and fell on the puddle you caused, the trolley will likely argue that your negligence was 100 percent of the cause of your injury.
- Passengers must sit when the trolley is in motion. If you stood up when the trolley was moving, lost your balance and fell, the trolley may argue that your negligence caused your injuries.
What If a Pedestrian Was Injured by the Sun Trolley?
Although they move slowly, trolleys have caused accidents with pedestrians around the country. Similar to a claim by a passenger on the trolley, if the injured party can prove negligence on the part of the trolley, the trolley can be liable.