School Bus Accident Injuries – Who Is Responsible

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.

Driver Behaviours that Cause School Bus Road Accidents

 

Everyone claims that school bus transportation is one of the safest means of transportation for students. Hence, school bus accidents are the last thing to happen on roads. Sometimes, improper driver behavior may be the root cause of road related accidents. It is an offence to ignore essential traffic rules and regulations, especially while driving a vehicle like school bus.

Some common driver behaviours that may cause school bus road accidents are as follows:

Over Speeding

The major reason for most of the road related accidents is over speeding. It is human psychology to excel in everything; hence, there are certain drivers who never want any other vehicle to overtake them. But, they never think that student road safety is in their hands.

When the vehicle speed increases, naturally, the risk for accidents also increases. As a school bus driver, it is your responsibility to take care of students in the school bus and move in the permitted speed. When you increase speed, your judgement power decreases, thereby, causing accidents or crashes.

Drunken Driving

Even though drunken driving is prohibited, you will be able to witness several school bus drivers consuming alcohol while on duty. It is a big mistake to mix alcohol with driving. This is because alcohol reduces your concentration and thereby, decreases reaction time of a normal human body. Sometimes, your vision becomes blurred, which ultimately leads to crashes. 

As per the reports, for every increase of 0.05% blood alcohol concentration, the risk of accident increases. Hence, when a situation arises where you get boozed up, it is wise to approach someone else to drive your vehicle. 

Distraction to driver

 While driving a vehicle, distraction can be a dreadful enemy for you. Distractions can be from inside or outside the school bus. Students are normally noisy and this will be a great distraction for you. Similarly, the usage of mobile phones can also create a fair lot of distraction. 

When you attend a phone call, a major portion of your brain's concentration level focuses on that call and only the remaining portion focuses on driving the vehicle. This is a dangerous situation as it not only averts the reaction time, but it also reduces the ability to judge the hazard. All you can do if you need to attend the call is to park the vehicle on the side of the road and then, attend the call. This can ensure your safety as well as student safety.

Other distractions on the road include :

  • Adjusting mirrors at the time of driving the school bus
  • Playing stereo or radio loudly on the school bus
  • Animals crossing the road
  • Banner ads and bill boards

You will stay safe, if you move your vehicle slowly and avoid the distraction listed above.

Red Light Jumping

It is a common sight that vehicles cross at the intersection without caring the traffic lights. As a school bus driver, you have to save time; but, it doesn't mean that you should ignore the traffic rules unnecessarily. There is a wrong prejudice that stopping for red signal is wastage of money, time, and fuel. But, the truth is that, when you follow traffic signals properly, you will reach the destination safely and on time. 

When you ever try to jump on red lights, you are not only risking your own safety but also the safety of fellow beings on the road. It is found that whenever you attempt red light jumping, you may lose the ability to see the ongoing traffic,thereby, leading to serious accidents.

Avoiding Safety Gears

Use of safety gears is a must for ensuring school bus safety. You may avoid it as you think it as irritating. It is found that usage of safety gears can help you to survive accidents. Hence, it is better to take appropriate safety measures before starting school bus transportation.

When the above behaviors are carefully handled, rate of school bus related accidents can be reduced to a greater extend. As a responsible school bus driver, it is your prime duty to save the students, who are the future of the country.