If you are injured in a HART bus accident in Tampa, your claim may be subject to Florida’s sovereign immunity law. Under Florida Statutes § 768.28, government entities generally cannot be required to pay more than $200,000 to one person or $300,000 total for all claims arising from the same incident, although limited paths to additional recovery may exist.

These rules can make a claim against the Hillsborough Transit Authority (HART) different from an ordinary claim involving a private transportation company. Special notice requirements and deadlines may also apply, so understanding how sovereign immunity works can be an important first step after an accident.

Why Does Sovereign Immunity Apply to a HART Bus Accident?

Sovereign immunity applies because HART is a public transit authority rather than a private bus company. HART is an independent special district created under Florida law to provide public transportation in Hillsborough County.

Florida has waived sovereign immunity for certain negligence claims against the state and its agencies and subdivisions. 

In practical terms, someone injured because of a HART employee’s negligence can pursue a claim, but the process may look different from a typical personal injury case. Different rules can govern how the claim is presented and how much the government entity can be required to pay.

Can I Recover More Than $200,000 After a HART Bus Accident?

A judgment can exceed the $200,000 individual sovereign immunity cap, but the amount HART can be required to pay without another legal mechanism is generally limited by Section 768.28. As a result, recovering more than the statutory amount can be more complicated.

One possible route involves a claims bill, sometimes called a relief act. Through this process, the Florida Legislature can authorize payment above the sovereign immunity limit. Legislative approval is not guaranteed.

It is also important to look beyond HART when investigating how the accident happened. A negligent third-party driver, maintenance provider, vehicle or parts manufacturer, or another party could share responsibility for a crash. Claims against private defendants may not be subject to HART’s sovereign immunity cap.

What Should I Do After Being Injured on a HART Bus in Tampa?

After a HART bus accident, seek medical care, document what happened, and preserve information that may identify the bus, driver, route, and witnesses. These steps can help establish what happened and connect your injuries to the accident.

When possible:

  • Report the accident and obtain available incident information.
  • Photograph your injuries and the accident scene.
  • Save medical bills, treatment records, and proof of missed work.
  • Write down the bus number, route, location, date, and time.
  • Keep contact information for witnesses.
  • Preserve damaged personal property and other potential evidence.
  • Reach out to a personal injury lawyer.

Catania & Catania Injury Lawyers has recovered over $1 billion on behalf of our clients. Our Co-Founding Attorney, Peter Catania, is a member of the Academy of Florida Trial Lawyers and the Trial Lawyers of America. We can help you prove your claim, and if the insurance company is unwilling to cooperate, we can take your case to trial.

Frequently Asked Questions

Does HART Have Sovereign Immunity in Florida?

Yes. HART is a public transit authority, and tort claims against it are subject to Florida’s sovereign immunity framework, including the limitations in Florida Statutes § 768.28.

How Much Can I Recover From HART After a Bus Accident?

Florida law generally caps required government payments at $200,000 per person and $300,000 for all claims from one incident. A judgment may exceed those amounts, but collecting the excess involves additional legal requirements.

Do I Have to Give Notice Before Suing HART?

Yes. Claims governed by Florida Statutes § 768.28 have special written notice requirements. A claimant generally must provide written notice to the appropriate agency within three years after the claim accrues, and additional notice requirements may apply.

Can Another Driver Be Liable for a HART Bus Accident?

Yes. A third-party motorist or another private party may share responsibility for a HART bus accident. Claims against private defendants may be subject to different liability rules.

What if I Was Partly at Fault for the Bus Accident?

Florida generally reduces compensation according to your percentage of fault. In negligence actions covered by Section 768.81, a person more than 50% at fault generally cannot recover damages.

Contact the Tampa Bus Accident Lawyers at Catania & Catania Injury Lawyers for Help

A HART bus accident claim can involve issues that do not come up in a typical motor vehicle accident case. Sovereign immunity caps, government notice requirements, and the possibility that other parties share responsibility can all affect your claim.

If you’ve been injured anywhere in the Tampa Bay area and need legal help, please contact Catania & Catania Injury Lawyers. We have five convenient locations across Florida, including Tampa, St. Petersburg, Clearwater, Bradenton, and Sarasota, serving clients throughout the greater Tampa Bay region.

We proudly serve Hillsborough County, Pinellas County, Manatee County, Sarasota County, and surrounding areas across Florida:

Catania & Catania Injury Lawyers – Tampa Office
Bank of America Plaza, 101 E Kennedy Blvd Suite 2400, Tampa, FL 33602, United States
Phone: (813) 222-8545
Hours: 24/7

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Catania & Catania Injury Lawyers – St. Petersburg Office
146 2nd St N Suite 310-R, St. Petersburg, FL 33701, United States
Phone: (813) 536-3527
Hours: 24/7

Catania & Catania Injury Lawyers – Clearwater Office
600 Cleveland St Ste. 329, Clearwater, FL 33755, United States
Phone: (813) 773-8254
Hours: 24/7

Catania & Catania Injury Lawyers – Bradenton Office
1215 Manatee Ave., Ste. 106, Bradenton, FL 34205
Phone: (813) 896-4192
Hours: 24/7

Catania & Catania Injury Lawyers – Sarasota Office
2033 Main St Ste. 514, Sarasota, FL 34237, United States
Phone: (941) 401-0141
Hours: 24/7

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