Who Is Liable for My Child’s School Bus Accident Injuries?
The school bus is a tried and true way for working parents to safely get their children to school. You can drop your little ones off at the bus stop on the way to work or your morning meeting and rest assured they are getting to class on time.
However, as with anything, there are exceptions. Even the classic yellow bus can get into a car accident while out on the road. If your child has sustained injuries related to that accident, you may not know where to begin when it comes to receiving the damages you are rightfully owed. An Oregon personal injury lawyer can help shine a light on how to file a claim and who may be liable for the accident.
4 Parties Who May Be Liable for Your Child’s School Bus Accident Injury
It is likely you were not present during the accident, and your child might be too young to understand what really occurred. There are multiple parties who may be at fault for your child’s injuries depending on the circumstances surrounding the accident. Four parties who may be liable for the school bus accident include the following:
The School District
Most public schools do not employ their own bus drivers or own their own school buses. Instead, the school district, a government entity, is in charge of maintaining its buses to ensure they are always fully functioning. They are also vicariously responsible for their drivers, so any mistakes made on their behalf are shared with the school district. Negligent actions on the driver’s behalf can include:
- Texting while driving
- Illegal turns
- Driving while impaired
If you are filing a claim against a government entity, you must first file a tort claim, letting the entity know you believe you have the right to sue. Your personal injury attorney can assist in filing this time-sensitive claim.
The Bus Driver’s Private Employer
Private schools are more likely to own their buses. In this case, the school itself is then responsible for any and all bus maintenance and driver safety. Private schools are still held to the same standards and should be employing frequent bus safety inspections. Typically, this information is available in the police report.
On rare occasions, the manufacturer of the bus may be found liable for the accident. If the bus is inspected and found to have a defective bus part, the manufacturer may owe you and your child damages for any physical or emotional damage incurred.
Your personal injury lawyer can conduct an investigation, using field experts to identify the exact cause of the problem.
Like any other motor vehicle accident, a third party may be at fault for the school bus crash. Reckless behaviors, like running red lights or illegal turns, may cause an accident that is not due to the negligence of the driver or the bus. This is typically identified through eyewitness accounts and traffic camera footage.
Receive Representation From a Trusted Bus Accident Lawyer Today
Rizk Law understands the seriousness of your child’s injury, and will fight to get you and your family the compensation you deserve. Whether the liable party is a government or nongovernment entity, our team has the experience to stay a step ahead of the insurance company and get you your owed damages. Our founder, Richard Rizk, has years of insider insurance expertise that allows for him to efficiently lead you down the road to recovery.