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A sudden school bus crash can bring significant confusion and worry. Individuals involved in a school bus accident may face immediate medical needs, potential property damage, and concerns about legal rights.
At The Morgan Law Group, we understand how stressful these incidents can be, and we know how important it is to seek help from a school bus accident lawyer right away. These collisions raise questions about who bears responsibility and what steps are necessary to safeguard one’s well-being.
Hereunder, we offer you guidance on what to do after being involved in a school bus crash. We also highlight factors that can influence liability, potential compensation, and timelines for filing claims in California, Colorado, Florida, Louisiana, Mississippi, North Carolina, Tennessee, and Texas.
Number of School Bus Accidents Per Year
With more than 21 million elementary and high school students riding school buses, a notable number of them are affected by collisions involving school buses. According to data from the National Safety Council’s Injury Facts, school buses are involved in crashes that result in multiple fatalities and injuries across the United States. While school buses are designed with safety features such as higher seating and bright yellow exteriors, these features do not eliminate the possibility of serious harm.
This underscores the importance of safe driving practices around school zones, especially during peak hours when children are loading or unloading. Even though school buses are often seen as one of the safest forms of transportation, school bus accidents do occur due to driver error, mechanical issues, and other outside factors.
Steps to Do After You Get Involved in a School Bus Accident
Immediate actions can affect both personal safety and potential legal claims. Below are recommended steps for anyone involved in a bus accident:
1. Check for Injuries and Call 911
Health and safety come first. If individuals are able, they should check themselves and others for injuries. If anyone appears hurt or distressed, it is important to reach out to emergency medical services right away. In some states, reporting a crash to the police is legally required if there is substantial injury or property damage.
2. Move to a Safe Area
If vehicles remain operational, it may help to move them out of traffic, if it can be done safely. Keeping everyone away from further harm is a priority, especially in high-traffic zones.
3. Exchange Information
Gathering information about all parties involved is essential. This includes:
- Names and contact details of drivers and passengers
- Insurance information of any drivers involved
- License plate numbers and vehicle details
- Contact information of possible witnesses
When a school bus is involved, it may also be helpful to note details about the bus operator or the school district that owns the bus.
4. Document the Scene
Photographs and videos can serve as strong evidence. Areas worth capturing include:
- Vehicle damage (the school bus and any other vehicles)
- Road conditions (e.g., wet surface, uneven pavement, or debris)
- Traffic signs and signals
- Visible injuries
- Weather conditions
Notes regarding road closures, time of day, and any statements made by drivers or witnesses are also beneficial.
5. Seek Medical Attention
A prompt medical evaluation is vital even for those who do not feel immediate pain. Some injuries may not show symptoms right away. Having documentation from a healthcare professional strengthens a personal injury claim and ensures there is an official record of all injuries.
6. Notify Insurance Companies
Many policies require timely notice of an accident. Although it is important to inform insurance carriers, it may be wise to be brief and stick to the known facts without admitting fault.
7. Consult a Lawyer
When a school bus is involved, there can be added legal layers related to public entities, private schools, and other third parties. A bus accident lawyer can guide individuals on how to protect legal rights and explore all potential sources of compensation.
Liability in School Bus Accidents
Liability in a school bus accident can be complex, often involving multiple entities. Determining who is responsible may require an analysis of factors such as driver behavior, mechanical upkeep, and overarching policies. Below are common parties that might be liable:
School Bus Drivers
If a bus driver’s carelessness or violation of traffic laws contributes to a school bus crash, the driver may be held accountable. In many states, drivers must adhere to specific guidelines regarding speed, driving hours, and checks before and after trips.
School Districts or Private Bus Companies
Public schools are generally managed by local or state governmental entities, whereas private schools might contract with private bus services. Entities that own or operate buses must ensure that drivers are properly screened, trained, and supervised. They must also maintain the vehicles in safe operating condition. Failure in these areas might serve as grounds for liability.
In some states, governmental immunity applies to public school districts, which can limit or dictate how claims can be filed. Meanwhile, private bus operators are typically subject to the same personal injury laws as other private businesses.
Vehicle Manufacturers or Maintenance Providers
A design flaw or a mechanical defect can contribute to a bus accident. In these situations, the maker of the vehicle or its parts might be liable. Similarly, if a maintenance provider fails to repair an issue, liability can be assigned to that party.
Other Drivers
If a motorist collides with a school bus due to speeding, impairment, or ignoring traffic signals, that driver could be liable. Police reports and witness statements often provide more details for such claims.
Common Causes of School Bus Accidents
Although school buses are built to transport children safely, several factors can lead to a school bus accident:
- Driver Distraction: Cell phones, onboard entertainment systems, and various distractions can take a driver’s attention off the road. Even a few moments of lost focus can lead to a collision.
- Driver Fatigue: Lack of rest can slow reaction times. School bus drivers, like all professional drivers, must follow rules regarding mandatory rest periods. Violations of these requirements can heighten the risk of a crash.
- Speeding and Traffic Violations: Exceeding posted speed limits or running red lights threatens not only the students on board, but also pedestrians, bicyclists, and people in other vehicles.
- Mechanical Failures: Worn tires, brake malfunctions, and other mechanical defects often contribute to a school bus crash. Such issues can stem from either poor maintenance or design flaws by manufacturers.
- Poor Weather: Rain, snow, or fog can reduce visibility. These conditions require drivers to use extra caution, adjust speed, and stay aware of slippery roads.
- Unsafe Road Conditions: Potholes, missing guardrails, or lack of proper signage can contribute to collisions and injuries.
- Driving Under the Influence: In severe cases, bus drivers or other motorists may operate vehicles under the influence of alcohol or drugs, increasing the likelihood of a serious collision.
Persons Commonly Involved in a School Bus Accident
A school bus accident can impact various categories of people on or near the road.
Different roles can lead to different types of injuries and legal concerns:
Occupant of Other Vehicles
Drivers and passengers of cars, trucks, or motorcycles involved in a school bus crash are susceptible to physical injuries and property damage. They might also file claims against the driver or owner of the bus if the bus operator’s negligence contributed to the accident.
Pedestrian
People walking near the scene, especially in areas where students cross the street, can sustain severe injuries in a bus accident. Potential claims might involve the driver’s insurance, the bus operator, or other responsible parties.
School Bus Passenger
Children and adults traveling on the bus itself can suffer harm from sudden collisions or rollovers. Claims in these instances might involve governmental entities or private companies, depending on who operates the bus.
School Bus Driver
If the driver is injured and is not at fault, workers’ compensation may come into play. Further claims could be pursued against other liable parties, such as negligent drivers who hit the bus or manufacturers of faulty bus equipment.
Bicyclist
Individuals riding bicycles are at a heightened risk of head trauma, fractures, and other severe injuries when involved in a bus accident. They may have legal recourse if the driver or the bus operator is deemed at fault.
Other Non-occupants
This can include skateboarders, rollerbladers, and others using the road or the adjacent area. They can face severe injuries due to limited protection compared to vehicle occupants.
Compensation for School Bus Accident Victims
Victims of a school bus crash may face medical expenses, lost income, and emotional strain. Compensation can vary, but common forms include:
- Medical Expenses: This can range from emergency room visits and surgeries to ongoing rehabilitation and medication. In serious cases, victims may require long-term care.
- Lost Income: Those who cannot work due to bus accident injuries can seek compensation for wages lost during recovery. In cases of permanent disability, they might pursue compensation for diminished earning potential.
- Pain and Suffering: Personal injury claims often include compensation for physical discomfort, emotional distress, and disruptions to daily life.
- Property Damage: People whose vehicles or personal possessions are damaged in a school bus accident can include repair or replacement costs in their claims.
- Punitive Damages: In some jurisdictions, punitive damages might apply if the at-fault party’s behavior was exceptionally reckless, such as driving under the influence or ignoring critical safety rules.
Statute of Limitations for School Bus Accidents
The statute of limitations for school bus accidents places a time limit on the right to file a legal claim. This can differ significantly by state and can be shorter when government entities are involved, such as public school districts.
Below are the time limitations of the states The Morgan Law Group is located. They vary, so it is important to verify each state’s detailed procedures:
- California: The statute of limitations is 2 years from the date of the accident. However, if a public school bus is involved, the time frame to initiate a claim against a government entity can be as short as 6 months from the date of the incident.
- Colorado: Individuals generally have 2 years to file a claim for school bus accidents, but 182 days for claims against government entities .
- Florida: For most personal injury claims involving school buses in Florida, the statute of limitations is 2 years. When the school bus belongs to a public entity, claimants may need to comply with the state’s notice requirements within 6 months.
- Louisiana: Has a 2-year statute of limitations for Louisiana school bus accident claims that happened in, which is one of the shortest in the nation. Claims involving government bodies may require additional legal steps and specific notifications.
- Mississippi: Victims usually have 3 years to file a personal injury claim. Government-related claims may impose shorter notice requirements.
- North Carolina: North Carolina commonly sets a 3-year deadline for school bus accident cases. Claims involving publicly owned school buses may invoke the state’s tort claims act, which has special notice procedures and potential caps on damages.
- Tennessee: The typical statute of limitations for school bus accident cases in Tennessee is 1 year from the date of the accident. Government claims often have additional constraints.
- Texas: Victims usually have 2 years to bring a personal injury lawsuit. When a local government entity is involved, there may be specific notice deadlines that can be substantially shorter than the general limit.
Tolling to These Time Limitations
Minors often have unique legal protections when they are hurt in a school bus accident. In many jurisdictions, the law recognizes that children are not in a position to file claims on their own. Consequently, the statute of limitations is sometimes paused – or “tolled” – until the minor reaches 18 years of age.
Additionally, if a guardian or parent chooses to file on behalf of a minor soon after the accident, the clock on the standard statute of limitations period may begin immediately – rather than waiting until the child turns 18. The rules and exceptions vary by state, and each situation can present different factors, such as the severity of injuries, whether the school bus is operated by a public or private entity, and specific statutes dictating shorter deadlines.
Contacting a School Bus Accident Lawyer to Handle Your Claim
Seeking guidance from a school bus accident lawyer can help injured individuals understand their legal rights and potential compensation. A lawyer familiar with bus accident laws can review evidence, work with experts in accident reconstruction, and keep track of critical deadlines. Taking these steps helps ensure that insurance companies and other parties involved treat a claimant fairly.
If the school bus belongs to a public school, there might be strict filing deadlines and notice requirements that do not apply in private bus cases. Each state can have unique rules for government entities, making legal assistance even more crucial. Similarly, when private bus companies are involved, their insurance carriers may be quick to deny or undervalue claims.
A lawyer can also help assess how local traffic laws, federal safety standards, or other regulations may influence the case. By gathering and organizing evidence, negotiating with insurers, and representing victims in court if needed, legal counsel works to safeguard the interests of those injured.
If someone you love has been involved in a school bus crash, a bus accident lawyer can clarify who may be responsible, how to calculate potential damages, and which legal avenues suit your circumstances best.
To discuss your situation and learn more about your legal options – call us at (800) 551-0554 or answer our online form to schedule your free case evaluation. The Morgan Law Group is ready to evaluate your potential school bus accident claim, work through insurance matters, and seek fair compensation for you or your loved one.
