School Bus Accidents

My Child Was Injured in An Accident While Riding the School Bus. Is the School Responsible?

School buses are the safest means of transportation for children in the United States. According to the American School Bus Council, children are around 70 times more likely to get to school safely when they take a school bus than if they travel in a car. This is because these vehicles are highly regulated. Not only are they designed to be safer but there are laws in place to protect students who are getting in or out of a school bus.

School buses are designed to be highly visible and they have flashing red lights, stop-sign arms, and cross-view mirrors. They are also less likely to roll over and they have high crush standards. In addition to these design attributes, it’s illegal for drivers to pass a stopped school bus that’s picking up or dropping off passengers. Some states also have laws requiring the installation of seat belts on school buses.

School Bus Accidents Statistics

With these protections in place, it’s no surprise that school bus-involved accidents are rare. According to the National Highway Traffic Safety Administration, there were 317,994 fatal vehicle crashes in the country from 2008 to 2017. Of those, only 0.4 percent or 1,113 were classified as being related to school transportation. Furthermore, even though 1, 241 people were killed in school bus-related crashes, only 264 were school-aged children. Seventy percent of the people who died were occupants of other involved vehicles, not the school buses.

If your child was one of the few injured in a school bus accident, you may be wondering if the school can be held liable. After all, schools have a duty to ensure the safety and health of students who are under their protection. This duty doesn’t only apply when a child is in the classroom. Parents whose children were injured while on a school bus may, therefore, be able to sue for breach of duty of care. However, it’s not always easy to decide who to pursue for damages. A competent attorney will help you to identify the correct defendant or defendants.

Who Can be Held Liable for A School Bus Injury

In any personal injury or car accident case, one of the first things an attorney will do is identify all the parties who may be liable. This is not always easy to do. Some schools have their own buses and hire their own drivers. When this is the case, the school has a duty to ensure the safety of students when they are on its buses.

However, other schools outsource their transportation needs to private bus firms. In such cases, the school should have a contract with the company that sets out each party’s role in taking care of the children. Imagine a situation in which a bus driver caused an accident because they were distracted or driving recklessly. If the driver was an employee of the school, both the individual and the school could potentially be held liable. If the driver was hired by a private company, that business could also be held responsible. However, it possible that the parties and their insurance companies will dispute whether they were at-fault.

Although rare, there have been incidences where a school bus driver was found to be under the influence of drugs and/or alcohol at the time of an accident. Impairment doesn’t always have to mean illegal substances. Sometimes people who have health issues may be required to take medications that alter their perception temporarily. If this is a known problem, they should not be operating a school bus. If the driver was impaired it could be a liability issue for the driver and/or the school.

A school or private contractor may also be held liable for negligent hiring or failure to train and supervise their drivers. Negligence laws vary from state to state so you need to ensure you get sound legal advice.

Duties of Schools

Schools are required to keep your child safe from the moment they get on the bus to the time they come home. The school’s obligations to parents are to:

• Provide all students with safe modes of transportation
• Make sure all state laws are followed in regard to transporting the children
• Inspect bus conditions and safety equipment to ensure it is in proper working order
• Make sure that all buses are staffed according to students’ needs. This includes those who have disabilities or require special attention.

A school can be found liable if they violate any of these obligations. They can also be found liable if the bus driver engages in reckless driving behaviors.

Other Factors That Can Affect Liability in A School Bus Accident

Whether the school has its own fleet of buses or it outsources the service, there are other parties that may be responsible for the crash. The police and insurance companies will investigate what happened and so too will your attorney.

Even if the bus was the only vehicle involved in the crash, a road defect or mechanical flaw could have contributed to the accident. In cases of road defects, the city or state may be responsible. Meanwhile, bus and parts manufacturers can be held liable if a defective bus or a component causes an accident. Similarly, if the bus suffers a mechanical failure it could also be the fault of the mechanic who repaired it.

If more than one vehicle was involved, your child’s injuries could have been caused by another driver. They may have been speeding, impaired, talking on a cellphone or trying to illegally pass the school bus. If that is the case, their insurance company would be responsible for paying damages relating to your child’s injuries.

Get an Attorney on Your Side As Soon as Possible

If your child is injured in a school transportation-related accident, you need to hire an attorney. Do not settle for anything offered to you until your lawyer has reviewed your case. You and your child may be eligible for significant compensation due to the negligence of the person responsible for the accident. Whether the school, a private company or another entity is liable, an attorney will ensure you are treated fairly.