What can I do if my child was injured on the school bus?

If your child is injured in a school bus accident, your first thought concerns their well-being. Once you see they are all right, you want to know how the accident happened; could a more competent driver have avoided it? If the accident was caused by their negligence, then you deserve compensation for damages.

Can I Sue the School District?

The short answer is yes, but the circumstances have to be right. A school district is considered a government entity, which means they can have immunity from lawsuits in a lot of cases. In the event of an injury related to a school bus accident, how the crash itself happened will dictate whether you can file a claim against the school

Suppose another car or truck hits the bus, and your child is injured. In this situation, it is usually the other driver’s fault, and while you can file a claim against them, one can be filed against the school district as well if negligence can be proven.

How is negligence proven? There are a few things to look at. First, the bus driver’s history will be called into question. If they have a DUI arrest, or an excessive number of moving violations, that the school somehow missed when they hired the driver, then the school can certainly be held responsible. Next, their actions leading up to the accident will be taken into account.

If the bus was hit by another car, but the driver failed to properly signal their stopping or their brake lights were out, then the district can be held liable. When any part of the bus is not working properly, it should be noticed by the driver during their routine inspection. If the driver failed to inspect the exterior or interior of the bus, and this failure directly led to injury in an accident, the district can be held responsible.

Statute of Limitations

Most personal injury claims and lawsuits have to be filed within two years of the date of injury. When filing a claim against a government entity, such as a school, the process is different. First, you must file a notice of a claim with an official from the school, usually within 60-90 days. Once you have done that, then a formal personal injury claim can be filed.

There are only certain times when a claim can become a lawsuit: if the school denies the claim, or if they fail to take any action within three to six months. The lengths of times here vary from state to state, and even city by city, so it’s important to discuss proper course of action with a lawyer if you are seeking compensation for personal injury while your child was under the supervision of the school.

Texas School Bus Safety

In terms of vehicle transportation, a large bus is the safest possible option for the road. Its size offers protection to all riders, but one area of concern among many parents is the lack of seatbelts. As it currently stands, only smaller busses weighing less than 10,000 pounds are required to have safety belts. There are other ways to avoid an accident with a bus.

The NHTSA recommends that you teach your child to always walk at least a few feet in front of the bus so that they can be easily seen by the driver. Make eye contact with them before crossing, and ensure that the bus’ stop sign is up so as to warn other drivers. They should also stand well back from the edge of the road until the bus comes to a complete stop.