What to Do After a School Bus Accident: Do You Need a Lawyer?
School bus accidents not only affect the students on board but also the families, school staff, and community members involved.
A lack of on-board safety measures such as seatbelts can put riders at risk for serious injuries. In some cases, passengers who are injured aboard a bus may be entitled to financial compensation for losses resulting from an accident. Unfortunately, the process for recovering compensation after a bus crash can be difficult.
In many cases, buses are owned and operated by the government. Claims against Florida’s municipalities, for instance, are often subject to stricter guidelines, including shorter time limits for taking legal action, and can present complications for attorneys who are not familiar with the intricacies of the claims process.
At Morgan & Morgan, our attorneys have handled bus accident cases against both private third parties and the government, and have a track record of success in recovering full compensation for our clients.
If you have been injured in a bus accident, either as a passenger on board or as a third party, you may be entitled to compensation for damages. Our bus accident attorneys are available to review your claim at no cost or obligation to you.
Common Causes of School Bus Accidents
Understanding the common causes of school bus accidents can shed light on how these incidents occur, how they can be prevented, and who may be at fault. Some frequent causes include:
Driver Error
School bus drivers have a tremendous responsibility, and any lapse in judgment, distraction, or fatigue can result in a crash. Errors like running red lights, speeding, or failing to yield contribute to accidents.
Negligent Maintenance
School buses require regular inspections and maintenance to ensure they are roadworthy.
Defects in brakes, tires, or engine systems can lead to catastrophic accidents if left unaddressed.
Weather Conditions
Rain, snow, fog, and icy roads make it harder to control large vehicles like school buses, increasing the risk of accidents.
Other Drivers
Drivers of other vehicles often disregard traffic laws, such as failing to stop for a bus with its stop sign extended. These violations endanger children boarding or exiting the bus.
Road Conditions
Potholes, uneven surfaces, and poor signage can contribute to bus accidents, especially when combined with other factors.
Mechanical Failures
Beyond poor maintenance, defective parts from manufacturers can also play a role.
Common Bus Accident Injuries
School bus accidents can lead to a range of injuries, some of which may have long-term consequences. These injuries can affect not only the children on board but also other drivers, passengers, and pedestrians involved in the crash. Common injuries include:
Head Injuries
Children can suffer concussions or traumatic brain injuries (TBIs) from being thrown around inside the bus.
Spinal Cord Injuries
Accidents can result in severe damage to the spinal cord, leading to partial or total paralysis.
Broken Bones
Fractures are common, especially in high-impact collisions.
Cuts and Lacerations
Shattered glass and other debris can cause deep cuts.
Internal Injuries
Impact injuries can damage organs, which may not be immediately apparent.
Psychological Trauma
The emotional aftermath of a bus accident can have lasting effects, particularly for children.
What Compensation Can Be Recovered?
Victims of school bus accidents may be entitled to compensation for a variety of losses. The types of compensation include:
Medical Expenses
Covers emergency care, hospital stays, surgery, medications, and ongoing treatments.
Pain and Suffering
Accounts for the physical and emotional distress caused by the accident.
Lost Wages
If the accident causes a parent or guardian to miss work while caring for an injured child.
Future Costs
Includes long-term medical care, rehabilitation, and therapy.
Property Damage
Compensation for repairs or replacement if your vehicle was damaged.
Wrongful Death Damages
In tragic cases where a life is lost, families may recover funeral expenses and loss of companionship.
What Should I Do if a School Bus Hit My Car?
If your car has been involved in an accident with a school bus, ensure your safety first. Move to a safe area if possible and check for injuries. Call 911 to report the accident and request medical assistance if needed.
Next, if you are able, document the scene before leaving. Take photos of the vehicles, road conditions, and any visible injuries. Also gather contact information from witnesses, if applicable.
Obtain the school bus driver’s name, the school district or company they work for, and the bus’s registration details.
Also ensure an official record is created, such as a police report, as it will become important evidence for your claim.
Then, notify your insurance company and tell them about the accident, providing any requested documentation. Stick to facts and avoid statements that could be used against you.
Finally, contact Morgan & Morgan. Given the complexities of school bus accident claims, it’s advisable to seek legal advice from one of our experienced car accident attorneys to ensure your rights are protected.
Who Is at Fault if a School Bus Hits My Car?
Determining fault in a school bus accident can be complicated due to multiple parties potentially being involved. Common entities that may share liability include:
- The Bus Driver:
- If the driver’s negligence caused the accident, they might be held responsible.
- The School District or Bus Company:
- Employers are often liable for their employees’ actions under the legal doctrine of “respondeat superior.”
- If poor hiring practices or inadequate training played a role, the employer’s liability increases.
- Other Drivers:
- If another vehicle’s driver caused the bus to collide with your car, they might be at fault.
- Manufacturers or Maintenance Providers:
- Faulty parts or substandard maintenance can contribute to accidents, making manufacturers or service providers liable.
- Government Entities:
- If hazardous road conditions or improper signage contributed to the accident, a city or state government might share responsibility.
What Damages Can I Recover if I File a School Bus Accident Claim?
Filing a claim after a school bus accident can help you recover damages to cover your losses. These damages may include:
- Economic Damages:
- Medical expenses, lost wages, and property damage.
- Non-Economic Damages:
- Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages:
- In cases of gross negligence or willful misconduct, punitive damages may be awarded to punish the at-fault party and deter future misconduct.
Legal Complexities With School Bus Accidents
Accidents involving school buses are more complex than standard car accidents due to the following factors:
- Government Immunity:
- Many school buses are operated by public school districts, which may have government immunity from lawsuits. While exceptions exist, these cases require navigating specific legal hurdles.
- Shorter Deadlines:
- Claims involving government entities often have stricter filing deadlines. Missing these deadlines can bar you from recovering compensation.
- Multiple Parties Involved:
- Cases may involve the school district, a private bus company, maintenance providers, and even manufacturers.
- Federal and State Regulations:
- School buses are subject to unique safety regulations, such as mandatory stop-arm laws and child safety measures. Violations of these regulations can impact liability.
- Insurance Policies:
- School buses typically have higher insurance policy limits, but navigating the claims process can be daunting without legal assistance.
Why Legal Representation Can Be a Gamechanger
If you or your child has been injured in a school bus accident, hiring an experienced attorney at Morgan & Morgan can make a significant difference in your case. Our team can:
- Investigate the accident thoroughly.
- Determine liability by identifying all responsible parties.
- Negotiate with insurance companies for a fair settlement.
- Represent you in court if necessary.
Contact Morgan & Morgan Today
School bus accidents can be deeply unsettling and can leave victims with physical, emotional, and financial burdens. Whether you’re dealing with injuries sustained on a bus, as a pedestrian, or as another driver, Morgan & Morgan is here to help you navigate these challenges and fight for the compensation you need and deserve.
Contact us today for a free case evaluation to get started.
Injured? Getting the compensation you deserve starts here.
Deep Dive
Explore more information related to the case process.