The ride to and from school is a daily routine for many children, and you trust that your child is safe during this commute. If your child was injured on a school bus, you have legal options. Filing a claim is one option to exercise your rights and protect your child’s well-being and future.
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School Bus Accidents and Injuries
School bus accidents can happen in many ways, and a child’s injury on a school bus may occur due to various circumstances. Collisions with other vehicles are a frequent cause of school bus injuries. These may involve another car, truck, or even another bus.
Sudden stops by the bus driver can also lead to injuries, as children may fall from their seats or hit parts of the bus. Problems may occur when children get on or off the bus, including slips, trips, or falls on the stairs.
Sometimes, unsafe conditions or events inside the bus result in a child being hurt on a school bus. Poor maintenance, such as faulty seats, contributes to injuries.
The types of injuries a child might suffer vary widely. Some injuries, like cuts and bruises, are relatively minor, while others are much more serious. A child injured on a school bus might sustain broken bones, and back, neck, and head injuries, including concussions, are a concern.
Who Is Responsible if My Child Gets Injured on a School Bus?
When a child is hurt on a school bus, several parties might be responsible, and figuring out liability is a key part of what happens next. The specifics of the accident guide this determination.
The School District or School Board
School districts and school boards have a duty to keep students safe, including while children are on the buses. They may be liable if they fail in their duties and your child is injured on a school bus.
Their responsibilities typically involve:
- Bus Maintenance: School districts and boards are responsible for regularly inspecting and repairing all school buses in their fleet to ensure the safety of the students.
- Driver Standards: These entities are also responsible for hiring qualified school bus drivers and providing them with thorough safety training programs to equip them with the necessary skills and knowledge for the job.
- Safety Policies: School districts and boards have a responsibility to establish and uphold clear rules for student behavior and bus operation to ensure the safety of everyone on school buses.
If the school district didn’t meet these obligations, it might be responsible for your child’s injury. An investigation looks into their actions or lack of action.
The Bus Driver
The school bus driver has direct control over the bus, and their mistakes can cause an accident where a child ends up getting injured. If a driver is careless or breaks traffic laws, they’re negligent. Distracted driving is a common example that causes accidents.
Speeding or disobeying traffic signals also makes a driver responsible. Sometimes, a driver’s poor judgment, even if not breaking a law, contributes to a child’s school bus injury.
Other Drivers
Sometimes, the driver of another vehicle causes a school bus accident. Another car might run a red light and hit the bus. A truck driver might be speeding and cause a collision. In these cases, the other driver and their insurance company may be responsible.
The school bus driver might have done everything right, but an accident still happened. Identifying the at-fault driver is a major step when a child is hurt on a school bus.
Manufacturing or Maintenance Companies
In some situations, the bus itself is the problem. A defect in how the bus was made can contribute to an accident. For example, faulty brakes or steering mechanisms cause safety issues, pointing to the bus manufacturer as a responsible party.
Private companies are sometimes hired to maintain school buses. If they perform poor repairs or miss dangers, they also might be liable. If a mechanical failure led to your child’s school bus injury, these companies become part of the investigation.
6 Steps To Take After Your Child Is Injured on a School Bus
After your child receives medical attention for a school bus injury, there are several actions you can take to manage the situation and protect your child’s interests. Taking these actions helps create a clear record of events.
- Document Everything: Write down all you remember about the incident. Note the date, time, and location of the accident. Describe how your child was injured on the school bus, and include details about the bus number and the route. Take photos of any visible injuries your child has. If possible and safe, take pictures of the accident scene or the bus.
- Report the Injury: Inform your child’s school about the injury in writing, such as by email, so you have a record. Provide the basic facts: your child’s name and when and how the injury occurred.
- Gather Witness Information: If anyone saw the accident or the events leading to your child’s school bus injury, try to get their contact information. This includes other parents, students (if appropriate for their age), or people nearby. Witnesses provide different views of what happened, and their accounts help build a full picture.
- Keep Detailed Records of Expenses: Track all costs related to your child’s injury. Keep copies of every bill from doctors, hospitals, physical therapists, and for medications. Track your travel costs, noting mileage and parking fees for trips to medical appointments. If you had to miss work to care for your child, document your lost wages.
- Be Cautious With Insurance Adjusters: Insurance adjusters representing the school district or other parties might contact you and ask for a recorded statement about your child’s school bus injury. You aren’t required to provide one immediately. Consult a legal professional before giving detailed statements.
- Consult a Lawyer: An experienced attorney can advise you on your rights and help you navigate the complexities of a potential claim. They can communicate with insurance companies on your behalf and ensure your child’s best interests are protected.
Types of Compensation Available for a School Bus Injury Claim
If your child was injured on a school bus due to someone else’s negligence, you may be able to recover compensation. This compensation covers various losses (damages) your child and your family experienced.
Medical Expenses
Compensation usually covers all medical bills related to the school bus injury, including emergency room visits, hospital stays, doctor’s appointments, surgeries, and prescription medications. Diagnostic tests like X-rays or MRIs are also included.
You can even seek damages for future care. Some injuries require long-term treatment, and your child might need ongoing physical therapy. Future surgeries or medical equipment are sometimes necessary.
Lost Wages
When your child is injured on a school bus, you may need to take time off work to care for them or take them to medical appointments. Compensation can include your lost income during this time. This payment helps ease the financial strain on your family.
Property Damage
If your child’s personal belongings, such as eyeglasses, laptop, cellphone, or a backpack, were damaged in the school bus incident, compensation may cover the costs to repair or replace these items.
Pain and Suffering
A child’s school bus injury can cause physical pain and emotional distress. Compensation aims to address this suffering. The amount depends on the injury’s severity and its impact on your child’s life.
Emotional Distress
A school bus injury can cause significant emotional distress for a child. This can manifest as anxiety, fear of riding the bus, or even post-traumatic stress disorder (PTSD) in severe cases.
Compensation for emotional distress aims to address these psychological impacts, though it can be more challenging to quantify.
How a Lawyer Helps With Your Child’s School Bus Injury Claim
After your child’s school bus injury, you may face many challenges. A bus accident lawyer offers guidance and experience in the legal system. They handle the complexities so you can focus on your child.
Investigating the School Bus Accident
Strong evidence is necessary for a successful claim when your child is hurt on a school bus. A lawyer knows what evidence to look for. They collect medical records, witness statements, and the bus’s maintenance logs.
A lawyer digs deep to find out exactly how your child was injured on the school bus. They gather police and school incident reports, and they may visit the accident scene to collect additional evidence.
If it’s available, they may search traffic camera footage, too. Their investigation aims to uncover all facts to a strong foundation for your claim.
Determining Who Is Liable
A lawyer’s job is to identify all responsible parties. These might be the bus driver, the school district, another driver, or a parts manufacturer. A lawyer understands the laws that apply to each potential party and determines who to hold accountable for the school bus injury.
Handling Communications With Schools and Insurance Companies
Dealing with school administrators and insurance adjusters is a stressful and challenging task with many moving parts. A lawyer takes over these communications for you and speaks on your behalf. They protect your rights and prevent you from saying something that could harm your claim.
Calculating Your Claim
It’s hard to put a number on all your child’s losses. A lawyer understands how to calculate economic damages and value non-economic damages, like pain and suffering. They fight for a settlement that reflects the true cost.
Negotiating a Fair Settlement
Most injury claims settle out of court. Lawyers are skilled negotiators who use evidence and their knowledge of the law to negotiate with insurance companies. Their goal is to get the best possible settlement for your child injured on a school bus.
Taking Your Case to Court
A lawyer can take your case to trial if a fair settlement cannot be reached. They represent your child’s interests in court and present the evidence to a judge.
FAQ for What if My Child Was Injured on a School Bus?
How Long Do I Have To File a Claim if My Child Got Hurt on a School Bus?
Each state has a time limit for filing an injury claim, called a statute of limitations. There are often shorter notice deadlines for claims against government entities like public schools.
Contact a personal injury lawyer as soon as possible to learn about the specific deadlines for filing a claim in your state.
What if My Child Contributed to Their Injury on the School Bus?
In some cases, a child’s actions might partially contribute to their injury, and states have different rules for this scenario. Some states use a comparative negligence rule, which means you might still recover compensation, but the amount could be reduced based on percentage of fault.
What Is the First Thing I Should Do if My Child Was Injured on a School Bus?
After you’ve addressed your child’s immediate medical needs, your next step is to document everything related to the accident. Write down the details of the incident, and take pictures of any injuries and the location, if possible.
Report the school bus injury to the school administration in writing, and then contact a personal injury lawyer to protect your claim.
Can the School Be Held Responsible if Another Child Injured My Child on the Bus?
The school might be responsible if another student injured your child on the bus, but it depends on whether the school failed in its duty to supervise students properly.
If the school knew or should have known about a risk of harm and did nothing to prevent the school bus injury, they might be liable. Factors include previous incidents or a lack of adequate supervision.
What Kind of Information Does a Lawyer Need if My Child Was Injured on a School Bus?
A lawyer needs as much information as you can provide about your child’s school bus injury, including the date, time, and location of the accident. They need your child’s medical records related to the injury.
Photos, witness names, and copies of your report to the school are very helpful, and any communications you’ve had with the school or insurance companies are also relevant.
Seek Justice With Boohoff Law, P.A.
After your child gets injured on a school bus, you need reassurance and a clear direction to support your child. Securing experienced legal guidance provides the aid you need.
If your child was injured on a school bus, the team at Boohoff Law, P.A. is ready to help. We can explain your legal rights and discuss how we fight for families like yours.
Call us today at (813) 445-8161 for a free consultation to explore your next steps.
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