Steps to Take for a School Bus Accident Claim

If your child suffers a school bus accident, one of your first thoughts may be to make the school pay for the injury. However, accident claims against schools tend to be complicated. Below are some things you may need to do first before filing your claim.

Determine the Cause of the Accident

The first step is to determine the exact cause of the accident. You can do this by:

• Engaging the services of a lawyer
• Engaging the services of an accident investigator
• Using evidence from the accident scene, such as videos of the crash
• Using eyewitness testimony

Determining the accident's cause will help you determine who should pay for your damages. Below are some of the potentially liable parties, depending on the casual of the accident:

• A bus designer who produces an inherently dangerous bus
• A bus manufacturer who cuts corners during the fabrication process and produces a dangerous bus
• A bus driver who exceeds the stipulated speed limit and loses control of their bus
• A school district that hires and retails a habitual DUI (driving under the influence) offender
• A road contractor who leaves dangerous debris on the road after work
• A motorist who drives the wrong way and hits the bus

Liability determination is not always straightforward. Consult an auto accident lawyer to review the case and determine liability so that all the liable parties receive your demand letter.

Determine Liability for the Accident

Just because a government employee caused you harm doesn't mean that the government is liable for your damages. The government is only liable for your damages if:

• The driver was working in their official capacity at the time of the accident
• The driver's actions weren't intentional
• The driver enabled the employee's past negligent acts

Otherwise, you might have to file a claim against the driver ( rather than a government agency).

Note that you might have to deal with multiple liable parties to get full compensation. Consider a case where an intoxicated bus driver causes an accident. Potentially liable parties may include:

• The bus driver for driving under the influence
• The school for allowing a driver with a history of DUI to drive one of its buses
• The alcohol server who served the intoxicated driver alcohol after the driver was already drunk

Therefore, don't stop hunting for more liable parties after you have discovered one.

Submit a Notice of Claim

Matters get a bit complicated if the school, school district, or school driver is one of the liable parties. In such a case, you are dealing with a government entity. Claims against government entities face special hurdles and go through different channels that don't apply to other cases.

For example, you will have to file a notice of claim against the relevant government entity. The notice of claim notifies the defendant that you hold them responsible for your child's injuries. Some of the things to include in your notice of claim include:

• The accident's location
• The nature of your damages
• Your identifying information and contact
• A brief description of the accident

You only have a short time to file your notice of claim. The duration depends on the state. New Jersey gives you only 90 days. Once you file your claim, the government also has a short time to review your case. You can only file your lawsuit only after the government responds or the stipulated deadline expires.

Hopefully, your child won't suffer any school bus injuries throughout their schooling days. However, you deserve experienced legal representation should your child fall victim to such injury.

Borbi, Clancy, & Patrizi, LLC, has been practicing personal injury law for decades. We have dedicated ourselves to protecting the legal rights of injury victims. Contact us to review your school bus injury claim and determine how to pursue the relevant damages.