School Bus Accident Claims: Steps to Take for Compensation

School bus accidents are not uncommon in the United States. According to the National Highway and Safety Administration, there are about 26,000 cases of school bus accidents in the country every year. The study also shows that at least 10 people die yearly in the US due to school bus accidents. 

But that’s not all—more than 75 percent of the accident victims are usually passengers, while drivers account for the remaining 25 percent. 

You may be eligible for compensation if you or your beloved has been injured in a school bus accident. Our car accident attorneys can fight for you or your beloved, ensuring you receive the compensation you need and deserve. However, in order to provide the best possible legal representation, we will first need to review the case.

The good news is that we can do it at no cost to you—all you need to do is fill out our free case evaluation form. One of our client intake representatives will get in touch with you to discuss your options. 

What Should I Do if a School Bus Hit My Car?

There are several steps you need to take when a school bus hits your car. But even before we discuss these steps, it is important to note that each case is different. The exact steps you need to take will depend on the specifics of your case.

That said, here is an overview of what to do.

• Get Immediate Help

Call 911 if possible and request an ambulance if you have suffered serious injuries. Also, request a police officer at the accident scene. The officer will write an accident report, which could be crucial later if you file a claim or lawsuit.

• Make Sure Everyone Is Okay

Check on the school bus driver and everyone else on board to ensure they are okay. The same applies to the passengers in your vehicle.

• Document the Accident

  • Gather as much information as you can about the accident. This includes but is not limited to the following:
  • Time, date, and location of the accident
  • What caused the accident
  • The last thing you remember before the accident
  • Any witnesses to the accident and their statements
  • Any property damage or personal injury
  • Whether there are any surveillance cameras at the scene

• Seek Medical Attention

It is important that you get checked by a medical professional even if you do not feel pain or discomfort at that particular moment. When you get injured in a car accident, your body might still be in shock, preventing you from processing pain.

A medical professional will conduct several tests, such as X-rays, to establish whether you suffered internal injuries. If so, the medical professional will recommend treatment or begin the treatment process immediately.

This simple decision could be the difference between life and death.

• Seek Legal Assistance

Many factors come into play when determining liability after a car accident. That is why you need legal guidance and assistance. An experienced car accident attorney will review the unique circumstances of your case and advise you on how to proceed.

Who Is at Fault if a School Bus Hits My Car?

Again, this will depend on the unique circumstances of your case. That said, the following parties could be held responsible when determining liability for a school bus accident:

• The School Bus Driver

The driver of the school bus can be liable for the accident if they were negligent. For example, suppose the driver was using their phone while driving the bus. In that case, they can be held responsible for distracted driving, which is a form of negligence and a violation of traffic laws. The same applies if they drove the bus while under the influence of drugs or alcohol, or failed to observe traffic rules such as stopping at red lights, railway crossings, and other rules.

• The School District

The school district might also share a certain degree of responsibility for the accident. This is especially true if they were negligent somewhere along the way, risking the lives of kids on the bus, passengers in other vehicles, and even pedestrians. Take, for example, a situation where a school district fails to examine a driver’s qualifications before hiring them to transport kids to and from the school.

After the accident, investigators discover that the driver had a suspended license after numerous cases of drunk driving. In that case, the school will be liable for the accident because of their failure to follow the law when hiring the bus driver.

• Part Manufacturer

Think of a situation where a school bus accident occurs due to a faulty part. The part manufacturer might be liable for the accident. However, these kinds of cases are quite difficult to win, especially without an attorney.

• A Third-Party Agency

You may be able to file a lawsuit against a third-party agency that might have also contributed to the accident. For instance, some schools hire drivers from third-party agencies to drive their school buses. So if the agency was negligent in the hiring process, such as hiring an underqualified driver, the agency might be responsible for the accident.

• The Accident Victim

The truth is that not all accidents happen due to the other driver’s negligence. On the contrary, some occur due to the accident victim’s negligence. For instance, you may be liable for the accident if you were not paying attention to the road, even if you got seriously injured.

The bottom line is that when it comes to personal injury cases, the fact that you were seriously injured is not enough to prove the other party’s negligence. However, having an experienced personal injury attorney fighting for you significantly increases your chances of obtaining a favorable outcome.

What Damages Can I Recover if I File a Claim?

When a school bus hits your car, such an accident is usually handled like any other car accident. For this reason, the correct answer to this question will depend on several factors, including the unique circumstances of your case and the type of negligence state where the accident occurred.

That said, you can recover economic and non-economic damages.

What Are Economic Damages in a Car Accident Claim?

Economic damages seek to compensate the accident victim for financial losses or expenses incurred after the accident. Examples of economic damages in such an accident include the following:

• medical expenses;
• lost wages;
• Lost earning potential;
• cost of hiring a caregiver; and the
• cost of upgrading your home or office to accommodate your disability caused by the accident.

What Are Non-Economic Damages in a Car Accident Claim?

Non-economic damages cover the financial losses you suffered due to the accident. Examples include pain and suffering, loss of enjoyment of life, and emotional distress. 

How Does the Type of Negligence State Influence a Car Accident Claim or Lawsuit?

Different states use different negligence laws to determine liability for not only car accident cases but also personal injury cases in general. While there are many negligence laws, the most common include the following:

• Pure Comparative Negligence

If you live in a pure negligence state, you can recover compensation for your injuries. However, the amount of compensation you may be able to recover will match your percentage of fault. For example, let’s say you were using your phone while driving and got hit by a bus driver who failed to stop at a railway crossing.

In that case, the court might rule that you were 40 percent responsible for the accident and the bus driver 60 percent at fault. In that case, you can only recover 60 percent of the total settlement amount under pure comparative negligence law.

• Modified Comparative Negligence

In a modified comparative negligence state, you can recover damages but only if your percentage of fault is under a particular threshold, usually 50 or 51 percent.

• Contributory Negligence

If the accident occurred in a contributory negligence state, you cannot recover damages just as long as you contributed to the accident in one way or another. This rule applies even if you were 1 percent at fault for the accident.

Is a Car Accident Claim Difficult to Settle if the Accident Was Caused by a School Bus?

Yes, these are some of the most difficult cases to settle, and for different reasons. Firstly, it can be difficult to take legal action against government-run schools. This is because most states make it difficult for plaintiffs to file or even win lawsuits against them.

In addition, such cases usually have strict deadlines. These deadlines are even more strict in cases involving public schools or any government entity. For this reason, if you miss filing a claim before the deadline, you will lose your right to recover compensation for your damages.

Lastly,  these cases require tons of research and mountains of paperwork. Not having an attorney significantly reduces your chances of obtaining favorable results.

Where Can I Find a Good Car Accident Attorney to Fight for Me?

If you need a good car accident attorney to fight for you or your loved one, look no further than Morgan & Morgan.  Here is why.

• We Are the Largest Personal Injury Firm in the US

There are many personal injury firms in the country, but there is only one Morgan and Morgan. Because we are the largest injury firm in the US, we serve clients from coast to coast.

So whether the school bus accident occurred far West in California, far east in New Jersey, up north in North Dakota, or further down in Texas, there is always a Morgan and Morgan attorney on standby, ready to fight for you.

• You Do Not Pay Anything Unless We Win

Despite being the nation’s largest personal injury firm, we do not charge our clients any upfront fees. Rather, we will only charge you if we win. This means you will have access to some of the nation’s best injury lawyers without worrying about whether you can afford their services. This contingency system also gives our clients peace of mind knowing that their cases are in the hands of experts who care about fighting for their rights more than anything else.

• We Have Recovered Over $13 Billion for Our Clients

When it comes to personal injury cases, results matter. To put things into perspective, we’ve helped our clients recover more than $13 billion as compensation for various injuries.

• We Have Been in Fighting for the Injured for Over Three Decades

Experience is yet another important thing you should consider when hiring a personal injury attorney to fight for you. At Morgan and Morgan, we have been fighting for the rights of the injured since we first opened our doors in Orlando, Florida, back in 1988.

• We Have an Army of Over 800 Attorneys

Car accident cases are complex. And when a school bus is involved, the case becomes even more complicated. The good news is that we have an army of over 800 personal injury lawyers prepared to fight for your rights. 

Let Morgan and Morgan School Bus Accident Lawyers Fight for You

Because cases of accidents involving school buses and personal vehicles are complicated, it is important that you hire an attorney to fight for your best interests. But the truth is that not every firm you come across has the resources, experience, and track record of putting up a strong fight against the defendant.

That’s why there is only one Morgan and Morgan. Ready to get started with your claim? Fill out our free case evaluation form.