Filing a Lawsuit When a Child Is Injured on a School Bus or in Transit

“Can you sue a school bus driver for an accident involving your child?”

Well, if you are searching for an answer to this question then, my friend, you are not the only one!

Every day, children in the United States typically go to school by bus. Then later, they return home the same way.

Transportation to school is a necessary service for these children. However, accidents involving school buses still happen, and too often. And this makes people question who they should hold responsible.

On a yearly basis, numerous kids get hurt in school bus crashes or while participating in school-related activities. This will result in parents facing numerous problems, including the legal and healthcare systems, on top of their already stressful lives.

That is why understanding the parental legal perspective becomes very significant if your child has had an accident in school transportation.

The correct legal course of action has the potential of making sure your child can access treatment for injury.

Additionally, it also ensures adequate compensation and helps in avoiding identical incidents from happening to other families in the future.

Hi. In today’s blog, I will be explaining whether you can sue a school bus driver after an accident. Furthermore, I will also explain what are the other things you can do legally to protect your rights.

So, if that is what you want to know, then keep on reading till the end and thank me later…

Common Causes of School Bus Transit Injuries

Before I tell you about whether you can sue a school bus driver for an accident, you should know something important. And THESE are the causes, the primary reasons, that potentially cause accidents. So what are these?

Let’s take a look:

Driver Negligence

Driver error remains one of the leading causes of school transportation accidents. This includes distracted driving such as texting or adjusting controls while operating the vehicle.

Driver fatigue from long shifts or inadequate rest periods also contributes significantly to accident risk. 

Additionally, speeding, reckless driving behaviors, and insufficient training on safety protocols or emergency procedures place children at risk.

When bus drivers fail to maintain appropriate focus or fellow established safety guidelines, the consequences can be devastating.

Bad Maintenance of Vehicles

For a school bus to be able to provide the students with safe transportation, regular and stringent vehicle maintenance is a must.

Normally, people get hurt because the brake system fails by not being able to stop the vehicle safely or blowouts causing loss of car control.

One of the risks associated with the absence or defect of necessary safety gear is the use of skipped or insufficient inspection procedures.

Things like poorly replaced vehicle parts and subsequent vehicle damage cause a risk to the passengers.

Moreover, these issues of maintenance become very dangerous due to the fact that they often indicate not an occasional but systematic neglect.

Unsafe Roads Conditions

Transit injuries can also be due to external causes. For example, weather conditions like heavy rain or fog can make transportation more difficult and unsafe for the community.

The conditions in construction areas where warning signs are either insufficient or missing create a challenge to the safety of those using such a route.

Furthermore, roads not properly maintained with potholes and structural issues, signs that are either not there or being worn out in necessary places, may become the cause of accidents.

In fact, the situation becomes much worse and dire when these roads are traveled on by vehicles carrying a great number of kids.

Responsibility of a Third Party

It is not only the bus or the driver of the bus that is responsible for the injury in a scholar’s transportation case.

The behavior of other drivers who do not stop when the bus is flashing or the stop sign is up could lead to children being seriously injured.

Inappropriate changes in lanes that entail buses making swerving movements that can hurt kids are also a hazard.

Some other things that pose a threat to children’s safety include:

• Unfocused drivers who hit kids during pickups or drop-offs.
• Contractors who don’t correctly signal where they are working.
• Drunk drivers driving along areas where school buses run.

Can You Sue a School Bus Driver for an Accident?

Yes, suing a school bus driver for an accident is definitely possible, especially given that their negligence resulted in the accident.

For instance, you can totally hold the school district and the bus company equally as respondents.

Filing a lawsuit might be the only solution if the driver was not only negligent but also broke the company’s rules or was affected by severe negligence, such as distracted driving or DUI.

Nonetheless, you have to prove two things:

• Negligence.
• Liability.

Negligence:

An important element is the proof that the driver’s conduct was negligent i.e., they did not use the reasonable care a driver should have under such circumstances.

In case the driver’s actions are extremely severe, for example, driving under the influence, the most suitable course of action would be to take the driver directly to court.

Examples: Distracted driving, speeding, failing to stop at a red light, or failing to maintain proper lane position are all examples of actions that could be considered negligence.

Liability:

Even though the driver is the one to be sued, the school district or bus company may still be accountable. This is because they are the ones who hire the driver and are responsible for their actions.

How Can You Determine Liability in Child Bus Injury Cases?

As I have already mentioned, in order to sue a school bus driver for an accident, you need to prove the liability or responsibility of the driver. There are a few things that you have keep in mind:

School District or Private Bus Company

Liability often begins with identifying who operates the transportation service. These might be:

• Public school districts that own and operate their own fleet.
• Private companies contracted to provide transportation services.
• Charter services used for field trips, or after-school programs that provide their own transit options.

Each entity may have different insurance coverage, legal protections, and responsibility standards that affect your case strategy.

Bus Driver Accountability

The driver’s role in an incident requires careful examination. Important factors include the following:

• Employment status (whether they are an employee or an independent contractor).
• Training record and certification history.
• Previous safety violations or complaints.
• Adherence to required protocols during the incident.

It’s also crucial to determine whether they were acting within the scope of their employment. Direct negligence by the driver does not always absolve their employer of responsibility under vicarious liability principles.

Third Parties Involved in the Accident

Additional liable parties may include:

• Other motorists who contributed to the accident.
• Vehicle or parts manufacturers (in case of equipment failure).
• Road maintenance authorities responsible for unsafe conditions.
• Construction companies creating hazards near bus routes.
• School administrators who ignored previous safety concerns.

What are the Legal Standards and Duty of Care in School Bus Accidents?

In school bus accidents, legal standards and duties of care are primarily based on negligence principles, holding those responsible for the accident liable for damages.

The duty of care extends to the bus driver, the school district, and sometimes even the bus manufacturer. This means they are obligated to exercise reasonable care to ensure student safety.

What Is Duty of Care in Transit Situations

Schools and transportation providers owe children a heightened responsibility known as “duty of care.”

Schools function in loco parentis during school hours, so transportation providers must exercise reasonable care beyond what adult passengers expect.

Safety protocols must be designed specifically for child protection, and drivers must be properly vetted, trained, and supervised.

Apart from these, regular safety audits and maintenance are also a legal requirement and crucial elements of this duty.

Breach of Duty and How It’s Proven

Establishing negligence requires demonstrating the specific duty owed to your child and how that duty was breached through action or inaction.

Additionally, you need to prove direct causation between the breach and your child’s injuries and document damages resulting from the injuries.

Evidence collection becomes critical, including maintenance records, driver history, witness statements, and expert testimony.

Special Considerations for Minors

Children receive unique legal protections in injury cases. These include:

• Extended statutes of limitations that may “troll” until adulthood.
• Higher standards of care compared to adult injury cases.
• Special damages consideration for developmental impacts.
• Additional protections under federal and state education laws.
• Potential for court-appointed guardians to oversee settlements.

What to Do After a School Bus Accident?

Now that you know about whether you can sue a school bus driver after an accident, let me tell you something! There are a few steps that you need to take right after the accident in order to make the legal process easier later on.

And what are these? Well, take a look:

Seek Medical Attention and File an Incident Report

Your priority is your child’s health. Obtain immediate medical evaluation, even for seemingly minor injuries, and request detailed medical records and treatment plans.

You can do a few things:

• Document injuries through photographs at various healing stages.
• Keep records of all medical costs, procedures, and expenses.
• Maintain a journal of your child’s pain levels and recovery progress.

These records become crucial evidence if litigation becomes necessary.

Gather Witnesses and Evidence

Strengthen your case with independent evidence by collecting contact information from student witnesses and other parents.

Request any available bus camera footage (both internal and external) and identify nearby businesses that might have surveillance views.

Filing a Lawsuit and What to Expect

Time constraints are critical when pursuing legal action against transportation providers. Most states require notice of claims against the government.

Special provisions may apply to cases involving minors. Missing deadlines can permanently bar your right to seek compensation, and some claims require administrative exhaustion before filing suit.

Professional guidance is essential for navigating these complex cases. Attorneys experienced in child injury cases understand the unique legal standards involved and can properly value long-term impacts on development and education.

Englewood child injury lawyers can handle communications with insurance companies, access expert witnesses who can establish causation and damages, and understand the procedural requirements for suing governmental entities. 

Protecting Your Child’s Future

When a child suffers injuries during school transportation, the impacts can extend far beyond immediate medical needs. Parents must act decisively to protect both their child’s physical recovery and legal rights.

Your advocacy may also lead to improved safety measures that protect other children from similar incidents in the future.

With proper guidance and timely action, you can navigate this challenging situation while securing the best possible outcome for your child’s wellbeing.

Read Also:

• How State Laws Shape Personal Injury Cases
• How Settlements Work in Class Action Lawsuits?
• How Much to Expect From a Car Accident Settlement in California?