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.

How to Avoid Truck Accidents – A Visual Guide on Truck Safety [Infographics]

 

A substantial number of accidents in the US can be called truck accidents, which have caused fatal injuries and losses. These accidents are either caused by the truck drivers or passenger vehicle drivers. They draw us to the fact that both need to take caution if these accidents are to be reduced if not avoided completely. The accidents can also be a result of adverse conditions such as poor weather and poor roads, traffic flow and even vehicle malfunctioning.

Drivers, manufacturers and vehicle owners should be aware that accidents not only cost the lives of the drivers, but also of third parties who are either passengers or pedestrians. There are however rules and conditions that give everyone involved an opportunity to avoid the truck accidents.

[Don't Miss:  Principles of Road Safety – Part I [Infographics] ]

How Car Drivers Can Avoid Truck Accidents

Car drivers should beware of the blind spots, which are usually vividly visible on trucks. They should keep the drivers on check especially when trying to pass or change lanes. When passing, the driver should ensure that they can see the truck driver, thus an assurance that the truck driver can see them, then give the driver a signal. The signal should be given early enough to prepare the truck driver.

The driver should keep a safe distance from the truck, preferably 25 cars length distance. The length should be increased in case of adverse weather conditions or an incline, conditions that increase chances of an accident. The driver should further take note that trucks need a wide birth to turn, therefore avoid being squeezed in the middle. 

Principles of Road Safety -Part II [Infographics]

How Truck Drivers Can Avoid Truck Accidents

All truck drivers should have a Commercial Driver’s License, which has a manual. The manual is meant to guide the truck drivers on all safety measures required of them.

Truck drivers should ensure that their truck has the required weight for safety. Truck weight varies with truck size and type, but the highest weight should not exceed 80,000 tons. The load should be properly distributed to enhance the truck’s balance.

All trucks should be regularly maintained, so that servicing is done and replacement and repairs ensured. Tire failure, mostly caused by tread detachment should be fixed at least before every trip. Wheels coming off and brakes failing when the driver should reduce the speed or stop, a major cause of truck-caused accidents, is also minimized when truck maintenance is observed. 

Principles of Road Safety-III [Infographics]

Truck drivers should adhere to commercial driver hour restrictions. They are not allowed to drive for more than eleven hours. They should therefore get rest before or on the eleventh hour, then proceed later when they are fresh. The drivers should never try to fight eye fatigue, even if they just took the wheel or are about to get to their destination. They should drive to the side of the road and take some sleep.

All drivers should beware of bridges during winter seasons, since bridges freeze faster thus causing accidents.

The infographic below from Tenge Law provides a visual guide on how to avoid Truck Accidents. 

 

How to Avoid Truck Accidents – A Visual Guide on Truck Safety