No one wants to get that call that their child has been in an accident. School bus accidents can be among the most distressing events a parent can face, and unfortunately, San Bernardino is not immune to them. Children in California rely on school bus transportation to get to and from school each day. While these buses are generally considered dependable modes of transport, accidents still can and do occur. When children are injured in a school bus collision, the consequences can range from some minor bumps to life-threatening and changing traumas. Parents and guardians dealing with a school bus accident’s ramifications must educate themselves on their legal options and critical steps to receiving compensation.
Who Can Be Held Liable for a School Bus Accident?
One of the first things aside from focusing on the healing and well-being of your child, to do after a school bus accident is to figure out who was at fault. Liability can be on more than just one party, depending on the circumstances of the particular accident. Here’s a breakdown of potential defendants:
- The School District: Public school districts must ensure the safety of all students being transported. Their duty includes maintaining safe buses, hiring qualified drivers, keeping up to date with those drivers, and adhering to all current safety regulations. If the district is negligent in these duties–such as hiring unfit drivers, failing to maintain their fleet of buses properly, or not following appropriate safety protocols–then the district can be held totally or partially responsible for an accident. For instance, if a school district’s bus driver caused an accident because of a lack of training or a known yet ignored mechanical issue existed, the district would be liable for a crash and resulting injuries.
- The Bus Driver: Bus drivers play a critical function in the safety of the passengers onboard as well as children following traffic rules, walking on sidewalks, and crossing crosswalks. These drivers take on a big responsibility and must meet pupil transportation qualifications. If a bus driver’s negligence, recklessness, or failure to adhere to traffic laws caused or contributed to the accident, the driver can be held personally responsible. Driving under the influence or while intoxicated, speeding, taking part in distracted driving, or driving while fatigued can all be examples of negligent and reckless driving. Regardless of whether a driver is employed by the school district or a private contractor, they can still be liable for their actions behind the wheel.
- Private Bus Companies: Sometimes, school districts will hire private companies to operate their buses. If the private company fails to maintain its vehicles appropriately or hires unqualified drivers, it can share liability for an accident. In addition, if the company was negligent in its supervision or training of drivers, they could be accountable for injuries stemming from an accident with one of their buses.
- Other Drivers: Not all school bus accidents are caused by buses. Other drivers on the road instigate plenty of bus accidents. If another motorist runs a red light, starts speeding, or otherwise causes an accident with a school bus, that driver could be partially liable. The school district or bus company would not be to blame, but the other driver would have to compensate injured children and families.
- Bus Manufacturers: Although rare, in some cases, a defective element with the school bus can lead to an accident. If the bus manufacturer was negligent with the design or production of the bus or its components, which are questionable and thus dangerous, such as faulty brakes, seat belts, or other safety equipment, they could be held liable for any resulting injuries. A product liability lawsuit can be in order in such cases.
Types of Damages That Can Be Recovered
If your child has suffered an injury in a school bus-related accident, then you may be entitled to various forms of compensation. The nature of the damages, like how severe the injuries are and the details of the accidents, will play a significant role in how much and what kind of compensation you can recoup.
- Medical Expenses: One of the most common types of compensation after an accident is for medical costs. Medical expenses include hospital bills, surgeries, physical therapy, prescriptions, and medical care. If the child has severe or long-term injuries, future medical care costs and fees can be considered and included in a claim or lawsuit.
- Lost Wages for Parents or Guardians: If the injury requires parents or guardians to stop working to appropriately provide care for their children and help them recover after the accident, they might be eligible for the recovery of lost wages.
- Pain and Suffering: In addition to financial losses, compensation is factored in for the pain and suffering the accident can cause. The mental and emotional anguish can include the physical pain caused by an injury and the emotional distress inflicted by the injury on your child, as well as the trauma. Your child may require counseling and therapy following an accident.
- Wrongful Death Damages: It is heartbreaking even composing this passage, but if a child dies as a result of a school bus accident, as the family, you are absolutely entitled to wrongful death damages. The compensation can include the funeral expenses, loss of companionship, and the loss of the child’s potential future income, depending on the circumstances.
- Punitive Damages: In rare instances, punitive damages can be received. These are intended to punish the defendant for any gross negligence or misconduct. Let’s say the accident was caused by a school district’s intentional disregard for maintenance and safety procedures or a bus driver’s deliberate recklessness; punitive damages can be considered and ultimately collected.
The Legal Process for Filing Such a Claim
If your child has been injured in a school bus crash, there are steps to take so you can secure a proper legal claim and compensation. Some of these steps overlap with a regular accident, while others are unique to this type of accident. Seeking medical attention is imperative even when injuries do not surface initially. It is important to see a doctor for a thorough assessment and to check for things that aren’t immediately visible, like concussion. Report the accident to the authorities. Whether that’s the police or the school district––or, better yet, both! Make sure you gather evidence of the accident. The evidence can be photos and videos of the scene and other vehicles at the crash that may have been involved. You also want to gather your witness info and statements. Obtain copies of the police and incident reports. All the evidence you can gather should be organized and made digital and hard copies. Next, be sure, if applicable, to file a government claim. If the school district owns the bus, California Gov Code § 945.6 requires you to file a government claim within six months of the crash. The claim will alert the district of your intent to sue, and if the claim gets denied or ignored, you then proceed with filing a lawsuit. The six-month deadline is stringent when dealing with government entities, so it is vital to consult with a lawyer immediately! School bus accident cases can be complicated, but a seasoned personal injury attorney will know precisely the measures necessary to achieve fair and complete compensation.
Why You Need an Attorney
Handling a school bus accident case on your own is not just overwhelming, but you could be dealing with multiple parties and complicated legal proceedings. An experienced lawyer can:
- Investigate the accident thoroughly to identify all the parties responsible, especially as some parties can be partially liable,
- Help you gather sufficient and even overwhelming evidence to build a solid case,
- Negotiate with insurance companies to ensure you receive fair compensation, and
- Represent you in court if an appropriate settlement cannot be reached
At SANFORD A KASSEL, A Professional Law Corporation, we understand school bus accidents can be traumatic for both child and family. If your child has been injured in a school bus accident, contact us today at 650 East Hospitality Lane, Suite 580, San Bernardino, CA 92408, or call 909-884-6451 for a prioritized consultation. Remember, schools, districts, and transportation companies have skilled legal teams at their disposal. You, too, must arm yourself with a knowledgeable and compassionate attorney from a trusted legal firm.
