Skip to content
- What Happened in the San Carlos Park School Bus Crash
- Why This Crash Is More Serious Than a Simple Traffic Ticket
- Why "Minor Injuries" Can Be Misleading After a School Bus Crash
- How BusPatrol AI Technology Is Changing School Zone Safety
- What to Do After a Rear-End Collision or School Bus Accident
- Frequently Asked Questions
- Read the Original News Report
A terrifying dashcam video released this week by the Lee County Sheriff’s Office shows a Jaguar F-Type slamming into the rear of a school bus at the intersection of Whispering Pine and US-41 in San Carlos Park, Florida. The force of the impact was so severe that the sports car became wedged underneath the bus. Thankfully, no children were on board at the time. The bus driver, however, was transported to the hospital with injuries described by authorities as “minor.”
As Florida personal injury attorneys who handle high-impact vehicle collisions every day, we at Kaiser Romanello Accident & Injury Attorneys want to break down exactly what happened here, what the law says, and what anyone involved in a similar crash needs to know to protect their rights.
What Happened in the San Carlos Park School Bus Crash
On the morning of Wednesday, February 19, 2026, Lee County deputies and San Carlos Park Fire Rescue responded to a crash shortly before 9:00 a.m. According to the sheriff’s office and video footage released to the public, a black Jaguar F-Type failed to slow down as a school bus—with its flashing lights activated—was approaching a designated bus stop. The car rear-ended the bus at significant speed and became lodged beneath it.
Lee County Sheriff Carmine Marceno stated publicly that the video was “incredibly hard to watch” and expressed gratitude that no students were aboard the bus. The driver of the Jaguar was cited for “following too closely” under Florida law. The sheriff’s office noted that increased patrols have been deployed in the area and that the department’s BusPatrol AI and telematics safety program had already resulted in two prior citations at the same bus stop.
The Legal Analysis: Why This Crash Is More Serious Than a Simple Traffic Ticket
From the outside looking in, you might see this as a straightforward fender-bender that ended with a citation. From a legal perspective, it is far more significant than that. Here is why.
1. Florida Statute §316.0895 — Following Too Closely
The Jaguar driver was cited under Florida Statute §316.0895, which requires every driver to maintain a prudent and reasonable following distance based on speed, traffic conditions, and road surface. Notably, Florida does not define a specific numerical distance. Instead, the law requires that drivers leave enough space to stop safely should the vehicle ahead slow or stop.
A citation for following too closely is a non-criminal moving violation that carries three points against the driver’s license. But the civil implications extend well beyond the ticket itself. In personal injury litigation, this citation becomes powerful evidence of negligence.
2. Florida’s Rebuttable Presumption of Negligence in Rear-End Collisions
Florida courts have recognized since the late 1950s that when a rear-end collision occurs, there is a rebuttable presumption of negligence on the part of the trailing driver. This legal doctrine, established in McNulty v. Cusack (1958) and affirmed by the Florida Supreme Court in Birge v. Charron (2012), shifts the burden of proof. Instead of the injured party having to prove every element of negligence from scratch, the law presumes the rear driver was at fault because they failed to maintain a safe following distance.
This is sometimes called the “bursting bubble” presumption. The rear driver can attempt to rebut it by offering evidence of an extraordinary circumstance—such as the lead vehicle making a sudden, unexpected stop or a mechanical failure. But in a case like this, where a school bus was traveling on a known route with its warning lights engaged, the trailing driver’s opportunity to rebut that presumption is extremely limited.
In our experience handling complex collision cases across South Florida, the combination of video evidence, a traffic citation, and the presumption of negligence creates a very strong foundation for an injury claim.
3. Florida Statute §316.172 — School Bus Safety Laws
Florida Statute §316.172 imposes heightened duties on all motorists when approaching a school bus. Drivers must come to a complete stop when a school bus displays its flashing red lights and extended stop arm. Even when the bus is merely slowing and displaying amber warning lights, as appears to have been the case here, drivers are expected to reduce speed and prepare to stop.
The school bus safety statute exists precisely because of scenarios like this one. Children board and exit buses every school day, and they are among the most vulnerable road users. The fact that no children were on this particular bus was a matter of extraordinary luck—not a mitigating factor in any legal analysis.
4. Florida’s Modified Comparative Negligence Standard
Since the passage of HB 837 in 2023, Florida operates under a modified comparative negligence framework. An injured party can recover damages only if they are found to be 50% or less at fault for their own injuries. In a rear-end collision involving a school bus with its lights activated and a trailing driver cited for following too closely, the fault allocation is overwhelmingly one-sided. The bus driver in this case would face virtually no comparative fault exposure.
This matters because under the prior pure comparative negligence system, even a plaintiff who was 99% at fault could recover 1% of damages. The 2023 reforms raised the stakes considerably—but in cases with clear liability like this one, the injured party’s position is strengthened, not weakened.
Why “Minor Injuries” Can Be Misleading After a School Bus Crash
Official reports described the bus driver’s injuries as “minor.” In our nearly 50 years of combined trial experience at Kaiser Romanello Accident & Injury Attorneys, we have seen time and again how initial injury assessments at an accident scene fail to capture the full picture.
Rear-end collisions—even at moderate speeds—can cause whiplash injuries, herniated discs, concussions, and traumatic brain injuries (TBIs) that may not produce obvious symptoms for hours or even days after impact. The adrenaline surge following a collision frequently masks pain. Soft tissue injuries and mild TBIs in particular are often dismissed in the emergency room only to develop into chronic conditions requiring extensive medical treatment.
This is especially true for school bus drivers who sit in an elevated position without the same crash absorption features found in passenger vehicles. The forces transmitted through a bus frame during a high-speed rear-end impact can cause significant injury to the driver’s cervical and lumbar spine.
Any individual involved in this type of collision should seek a thorough medical evaluation within 72 hours—including diagnostic imaging—regardless of how they feel at the scene.
BusPatrol AI Technology: How Smart Enforcement Is Changing School Zone Safety
One of the notable details in the sheriff’s report was the mention of BusPatrol, an AI-powered school bus safety system that uses cameras and telematics to identify and cite drivers who violate school bus stop-arm laws. According to the Lee County Sheriff’s Office, BusPatrol had already generated two citations at the very bus stop where this crash occurred.
This is significant for several reasons. First, it establishes a documented pattern of dangerous driving behavior at this specific location. Second, from a legal perspective, evidence that a known hazard existed at a particular intersection—and that enforcement measures were already in place because of prior violations—strengthens arguments about foreseeability and the duty of care owed by all drivers in that area.
As Florida continues to deploy these AI-enhanced safety technologies, the data they generate will play an increasingly important role in personal injury litigation, providing objective, timestamped evidence that was simply unavailable a decade ago.
Were You Injured in a Florida Car Accident?
If you or a loved one has been injured in a rear-end collision, school bus accident, or any motor vehicle crash in Florida, you deserve an attorney who won't take "low" for an answer.
➤ Visit Our Florida Car Accident Page for More Information
➤ Contact Us Now — Free, Confidential Case Review
Kaiser Romanello Accident & Injury Attorneys | We Don't Take "Low" For an Answer.
What to Do If You Are Involved in a Rear-End Collision or School Bus Accident in Florida
Based on our experience litigating complex motor vehicle accident cases, we recommend the following steps to protect your health and your legal rights:
- Seek immediate medical attention. Even if you feel fine, get evaluated by a medical professional within 72 hours. Request diagnostic imaging (X-rays, MRI, or CT scan) if there is any possibility of spinal or head injury.
- Document everything at the scene. Take photographs of vehicle damage, road conditions, traffic signals, and any visible injuries. Obtain the police report number.
- Do not give recorded statements to the other driver’s insurance company without first speaking to an attorney. Insurers are trained to minimize your claim, and anything you say can be used to reduce your compensation.
- Preserve all evidence. Do not repair your vehicle until it has been fully documented. Save all medical records, bills, and correspondence related to the accident.
- Contact an experienced Florida personal injury attorney. Florida’s two-year statute of limitations means the clock is ticking from the day of the crash. The earlier you involve an attorney, the better positioned you will be to secure full and fair compensation.
Frequently Asked Questions About School Bus Accidents in Florida
Q: Who is liable when a car rear-ends a school bus in Florida?
A: Under Florida’s rebuttable presumption of negligence, the trailing driver is presumed to be at fault in any rear-end collision. When a school bus has its warning lights activated, the case for liability against the rear driver is especially strong. The at-fault driver’s insurance carrier is typically responsible for compensating the injured parties, including the bus driver and any passengers.
Q: Can a school bus driver file a personal injury claim after being rear-ended?
A: Yes. School bus drivers are employees, but they retain the right to pursue personal injury claims against at-fault third-party drivers. Depending on the circumstances, they may also be eligible for workers’ compensation benefits. An experienced attorney can help determine which avenues of recovery are available and how to maximize total compensation.
Q: What if the injuries seem minor at first but get worse over time?
A: This is extremely common in rear-end collisions. Injuries such as whiplash, disc herniations, and mild traumatic brain injuries often present with delayed symptoms. Florida law allows you to recover damages for injuries that develop or worsen after the initial accident. Thorough medical documentation from the earliest possible date is critical.
Q: How does Florida’s comparative negligence law affect a school bus rear-end collision claim?
A: Under Florida’s modified comparative negligence system (effective since HB 837 in 2023), you can recover damages only if you are found to be 50% or less at fault. In a clear rear-end collision where the bus had its lights activated, the injured bus driver or passengers would almost certainly bear minimal to no comparative fault.
Q: How long do I have to file a lawsuit after a car accident in Florida?
A: Florida’s statute of limitations for personal injury claims is two years from the date of the accident. However, we strongly recommend contacting an attorney as soon as possible, as evidence can be lost or degraded over time, and insurance companies may attempt to settle quickly for far less than your claim is worth.
Read the Original News Report
This legal analysis is based on reporting from WTSP 10 Tampa Bay and the Lee County Sheriff’s Office. You can read the full original news article here:
➤ WTSP: VIDEO: Luxury Car Crashes Into School Bus, Ends Up Wedged Underneath
At Kaiser Romanello Accident & Injury Attorneys, we monitor Florida accident reports and emerging safety issues to provide our community with informed, actionable legal analysis. If you have questions about a crash you were involved in or witnessed, we are here to help.
Recent Victories for Clients
$5 Million
Negligent Security
$4 Million
Truck Accident
$1 Million
Ride Share
$1 Million
Car Accident
“Kaiser Romanello changed my life. They are The Dream Team! Could not recommend them anymore! If you want to get the most money for your personal injury claim call Kaiser Romanello today!”
-Lu R
Former client
“l just got off the phone with Mr. Loren Kaiser for a free consultation and he was absolutely amazing. He was extremely helpful, detail oriented and did not add any “rushed” feeling to the phone call. If I have anything substantial to move forward with, I will proudly utilize this law office. Thank you, Mr. Kaiser, for your help, input and advice! It is greatly appreciated.”
-Trina R
Former client
“Steve and his partner are just very knowledgeable, amazing client service, Steve it is the kind of persons who loves what he is doing, he went about and beyond his lawyer responsibilities in my case, they care about you, If you are looking for professionals at the highest levels, use their services. Not only you will be represented by top lawyers, but you feel like part of the family. Thanks for everything, God bless you.”
-Carlos V
Former client