Tag: School Bus Accidents

School Bus Accident Injuries – Who Is Responsible

Posted on by TSB Super Admin

For many reasons, school bus accident cases are complex in nature. This is because of the fact that many parties could be held responsible for your child’s injuries.

The cause of a vast majority of the bus accidents can be attributed to the negligence of the bus driver. Some examples of driver’s negligent behaviour include ignoring traffic signs and lights, speeding, talking on the cell phone while driving, and being intoxicated while driving.
 

Read Also : Top 5 School Bus Accident Causes

If your child’s school bus meets with an accident because of the driver’s negligence, then he/she could be held responsible. The legal doctrine allows even the employer of the bus driver can be held liable in such a situation.

Defective parts of the bus can also lead to accidents. The driver may not be at fault, but the manufacturer of the defective may be responsible.

Further, drivers of other vehicles on the road may be held liable in case of a school bus accident. Irrespective of which party is held liable, the responsibility of compensating the accident victim for the injuries sustained by him/her lies with them.

This means the liable party has to compensate the accident victim for the medical expenses, pain and suffering, and lost wages.

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Negligent School District

Generally, school districts own and operate school buses. This means that the school district can be held liable if a school bus meets with an accident.

However, sovereign immunity laws protect school districts as they are government bodies. In spite of the laws, the school districts can be held liable in school bus accident injury cases but the process involved is very different compared to the standard process of filing personal injury claims.

In this situation, the accident victim should file a claim against the school district instead of an insurance company. Further, the claim must be filed within a period of six months from the accident date.

Moreover, the claim should include contact information, specific accident information, a brief as to what actually happened, and the amount being claimed as compensation. It is always better to get an attorney to prepare the claim.

Read Also : How to Deal With School Bus Accident

Negligent Driver

Commonly another driver is held liable in school bus accidents. The handling of such cases is much easier compared to those involved in manufacturers or school districts.

Typically, the responsibility of compensating the victims for injuries sustained by them rests with the driver’s insurance company. However, the victim should prove that the policyholder is the culprit.

An attorney experienced in dealing with personal injury cases can help you by gathering evidence to prove that the driver is at fault.

Your attorney will also negotiate with the driver’s insurance company as such cases are most often settled outside the court through negotiations. If the insurance provider rejects negotiations, the attorney might take the case to the court.

Negligent Manufacturer

If a school bus accident happens because of a defective part, then the manufacturer is held liable. Product liability claims are complex in nature and it is highly recommended that you work with an experienced and professional personal injury attorney when filing such claims.

The attorney you are working with will conduct investigations and consult experts to provide evidence that the school bus had a defective part.

He/she will also present evidence to prove that the accident was caused by the defective part. If your attorney is successful in proving that the part was defective, the manufacturer will have to provide the compensation.

School buses are supposed to be safer than other modes of travel as far as school children are concerned. However, a number of school bus accidents are reported every year.

If your children happen to be involved in an accident, it is better that you consult a personal injury attorney and file a claim with his/her help.

Top 5 School Bus Accident Causes

Posted on by TSB Super Admin

School buses are treated with respect and consideration everywhere.

This respect is owed to the children who are the passengers of these buses.

Despite the traffic regulations and precautions are taken, the school buses sometimes met with accidents.

The rate of accidents is fairly low as compared to other traffic accidents.

But when it happens, normally it points towards the fault of driver and vehicle. 

Here are 5 causes of school bus accidents.

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How to Deal With School Bus Accident

1. Driver Distraction 

The main distraction for the driver occurs within the bus.

The misbehavior of students on the bus can take away the driver’s attention from the road.

Students tend to be very loud and noisy.

At times, they fight and assault each other.

These types of student behaviours distracts driver while driving which might lead to accidents.

Availability of an attendant or teacher on the bus to discipline the students can help driver to a large extent.

Mobile phones are another major distraction.

Though talking on the phone while driving is a punishable offence, many drivers still use their phones.

A call may divert a driver’s attention from the road which can lead to an accident.  

But if any emergency call such as call from school authorities or parents, then it would be appropriate to use the phone after the vehicle is parked aside safely.

Drivers are often seen adjusting their viewing mirrors, adjusting their seating position, etc., while on the road.

These should have been well looked into before starting the trip.

They reach out for fallen objects; even eat, drink and smoke while driving, all of which can distract their mind.

One another factor that affects driver concentration is the loud audio/video music played inside the buses.

In school buses, it is not advisable to use music systems.

Factors of distraction outside the vehicle include the disorganized traffic in urban areas, the lack of space to manoeuvre the big vehicle, lack of proper pedestrian crossings, construction sites, accidents on the route, etc.

All these divert the attention of the driver from his task of driving safely.  

Bad weather conditions like heavy rain, snow or sleet also make driving difficult, especially when it is required to stop quickly and safely.

2. Driver Fatigue 

Driver fatigue automatically results in negligence causing accidents, sometimes tragic.

It is not really possible to monitor whether a driver  had a restful sleep or gauge his state of alertness or awareness.

There exist devices to measure a driver’s eye closure rate.

The device triggers an alarm when it observes an unfamiliar pattern.

The prohibitive cost and scarce availability of such devices make it an impractical solution.

A tired driver is incapable of checking blind spots.

He fails to observe the rules of the road.

The bad road conditions too can affect his driving.

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Getting around potholes and construction sites on his daily pickup route can be mentally exasperating.

Fatigue is also caused when the driver is under the influence of illegal substances, alcohol and even prescribed drugs.

Small quantities of each reduce the level of concentration in a person thus decreasing the reaction times.

Larger quantities often result in blurred vision too.

This impairs proper vehicle operation.

The main onus of being vigilant rests on the bus driver as he is solely responsible for the safety of the students on his bus

3. Over Speeding

Over-speeding, as we all know, can cause disasters.

A school bus driver operates on a time constraint.

Delay in picking up students and traffic snarls causes the driver to speed and keep up the time schedule.

The driver’s power of judgment gets impaired at high speeds making accidents inevitable.

School buses, these days, are fitted with speed governors which limit fuel when the vehicle reaches a predetermined speed level.

This is highly essential as it is a deterrent to over-speeding and aggressive driving. 

Many cases of reckless driving and road rage end up with disastrous results.

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Driver Behaviours that Cause School Bus Road Accidents

Aggressive driving can be curtailed by imparting adequate training to drivers inculcating in them the necessity for safety and instilling a sense of responsibility.

It would be wise to employ drivers in their middle age with more years of experience and maturity which might often be missing in young fresh drivers. 

Accidents due to animals and pedestrians crossing roads can be avoided if the buses travel within a safe speed limit.

4. Condition of the Vehicle

It is imperative that the school buses are in perfect running condition at all times.

Regular maintenance is essential to ensure safe day-to-day operations.

More so because the schools resort to buy second-hand or used buses as they find it more economically viable.

Ageing of buses and faulty equipment are a cause for concern.

Lapses in maintenance often lead to the breakdown of the vehicle.

Commonly accidents are caused because of faulty brake systems or worn out treads on tires.

Ignoring defects and repairing with used/second-hand parts increases the risk of failures.

Hence it is essential to do a daily routine check of brakes, accelerator, oil pressure, tire pressure, lights, and all other factors to ensure the vehicle’s roadworthiness.

In addition to these, the latch systems for the windows and door have to be checked for proper and smooth operation.

Emergency exits have to be easily accessible.

5. Passenger Over-Crowding

Over-crowding in school buses is very common.

School authorities try to optimize their bus routes to save time and fuel.

The passengers in a bus should not be according to the seating capacity of the particular bus.

Overloading affects the stability of the vehicle.

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10 Essential Facts on Road Safety

The adherence to safety regulations becomes impossible with a large number of students on board.

For example, the number of seat belts provided will be not sufficient in an overcrowded bus.

Students standing in the bus hamper the view of the driver.

If the driver applies the brake suddenly, the children are thrown against each other causing injuries.

An overcrowded bus with no safety precautions is a strain on the driver.

In addition to these, one of the common causes of accidents is other careless drivers on the road.

The school bus driver can keep a safe distance from the vehicle ahead and travel at speeds that would cause minimum damage if any accident occurs.

In short, the driver should ensure that he/she drives defensively and mindfully rather than mindlessly.

In spite of all these aspects, school buses are still considered to be the safest means of transportation for a student to and from school.  

How to Avoid School Bus Accidents

Posted on by TSB Super Admin

The statistics are unnerving: with over 25 million children travelling to school by the school bus every single day, there are many deaths that occur due to school bus accidents.

In all of these, it has been estimated that over 10% of all the deaths were school children, drivers and passengers. These are more than enough to make us learn ways using which we can avoid school bus accidents and keep our children safe.

A school bus accident is one that involves a school bus vehicle body or the body of any other bus functioning as a school bus. Almost every parent agrees to the fact that transportation of children to and from the school is safer in the school bus than in a car. However, it is up to every school driver to bear in mind that the school bus shares the road with other types of vehicles.

In this article, we have gleaned some precious tips that will help to prevent school bus accidents.

When the school bus is carrying the children, follow these tips:

•    When there are children in the school bus, always maintain  distance from the moving vehicle in the front. The driver should be left with plenty of time when the brake lights of the vehicle on the front start to flash. Flashing yellow lights indicate that the bus is preparing to stop. This gives an opportunity for the drivers behind to slow down.

•    If the yellow or red lights of a school bus carrying children start to flash, and when the driver extends the stop arm, all the traffic behind must come to a stop.

•    In case you are on a road that is not divided, do not pass a bus, from either direction, which has stopped to load or unload children.

•    It is a good idea for every driver near a school bus to be extra alert as one cannot predict the behaviour of children. Drivers of all vehicles near schools should be aware of the lowered speed limits.

There have been many cases where children lost their lives in bus-related accidents when walking on the roads.  Majority of these children are very young, between 4 and 7 years of age. Many a time, they are hit by motorists that are illegally passing a school bus that has stopped to pick up or drop off the students. Otherwise, they are hit by the bus.

Given below are some precautions that will help to keep the children safe.

•    Ensure that your vehicle does not block the crosswalk. This forces children to move around your vehicle when they want to cross the road. This could put them in the midst of moving traffic.

•    When your vehicle is in the ‘school zone’, and flashers are blinking, check all cars nearby are stopped and allow pedestrians to cross the roads.

•    Always make sure that you stop the vehicle whenever a traffic policeman or a school patrol guard holds up a ‘Stop’ sign.

•    Look out for children whenever your vehicle crosses playgrounds and parks or school areas.

Rules for School Bus Students

Some of the rules that we have seen are for the vehicle drivers and school children who are walking. There are also some rules that should be followed by the students on the bus to minimize school bus accidents.

•    Board and alight from the bus in an orderly fashion.

•    Be seated when the bus is moving.

•    Keep head, arms and legs inside the bus throughout the journey at all times.

•    Ensure that you are seated with your feet placed on the floor and facing forward.

•    Keep the aisle area free.

•    Do not distract the bus driver at any cost.

•    Make use of the handrail while boarding and de-boarding the bus.

•    Maintain a minimum distance while waiting for the bus at bus stop.

•    Enter the bus only after it has completely halted to a stop.

•    After alighting from the bus, walk for a distance of at least 10 feet before attempting to cross the road.

•    No student should cross the road from behind the bus.

•    You should cross the road only after receiving driver’s signal.

•    You should be educated about the safety of the school bus.

These rules are to be followed when new school bus drivers are appointed.

•    The school bus driver should be in possession of a commercial driver’s license. He should have an accident-free clean personal driving record. He should also come out free of a drug screening procedure.

•    The driver should be a friendly person and capable of maintaining good communication.

•    School bus drivers are expected to eat healthy, take time off when sick and get enough rest on a daily basis. They should completely understand the bad effects of sleep deprivation.

School Bus Maintenance

•    As far as the school bus is concerned, the upkeep and safety of the vehicle are paramount. It is utmost important to stick to the rules as far as maintenance schedules are concerned.

•    Drivers should inspect the buses on a daily basis and the vehicle should receive mechanical maintenance.

•    The bus should undergo a preventative check-up before a long-distance trip.

Bus Routes

Bus routes should be planned in such a way that they travel through roads that have lower speed limits and have a lot of pedestrian space. Streets that are overcrowded or those that have poor visibility should be avoided.

Construction of the School Bus

•    Ensure that the bus has safe handrails.

•    The schools should not use non-conforming vans to transport children to and from schools.

•    The bus should not be too noisy such that it is a distraction for the driver.  There should be no speaker placed adjacent to the driver’s heads.

Conclusion

The driver, helpers, and the public at large should be watchful and vigilant at all times. There is no room for any complacency whatsoever. Only this can help to control school bus accidents.