Liability For A School Bus Accident

27 September 2018
 Categories: Law, Blog

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If your child has been injured in a school bus accident, it is understandable that you will be hurt and angry and ready to blame anyone and everyone connected to the accident. However, accident laws dictate that you can only blame those who had a role to play, directly or indirectly, in the accident. Here are some of the parties whom may turn out liable for your child's injuries:

The Bus Driver

As is the case with other auto accidents, you may have a claim against the bus driver if you can prove that their negligence caused or contributed to the accident. For example, a bus driver who shows up for work drunk and drives into a wall is clearly liable for the damages and injuries their passengers may suffer.

The Driver of Another Vehicle

It may also be the case that another driver is responsible for your child's injuries. A good example is when a motorist loses control of their car, maybe because they are distracted, and crashes onto the side of the school bus. The risk of this being the case is even higher in the case of a multi-vehicle accident in a school zone. This is because motorists are required to be extra careful when driving in school zones.

Bus Manufacturer

Although it doesn't happen all the time, there are cases where a bus accident may be traced back to the manufacturer of the bus. In this case, you will have to lodge a product liability claims against the manufacturer and prove that their product was defective. This type of case is a bit complicated as compared to liability against other road users. You are likely to require the services of an expert witness to prove the defect and how it led to your child's injuries.

The School District

In many places, it is the school district that owns the bus that the schools use to ferry their children. Therefore, you may be able to hold the school district liable for your child's injuries if you can tie their negligence to the accident. An example of such a case is where a school district fails to maintain its buses, and the lack of maintenance leads to a crash. Just note that the school district, being a government body, may be immune to your claim or lawsuit. Consult an auto accident lawyer, like those at McKone & Unruh, to assess your claim and determine whether you have an exception to government immunity or not.