According to the National Highway Traffic Safety Administration (NHTSA), school buses are the safest way to get children to and from school. While this may be true, the unfortunate reality is that thousands of children are injured in preventable school bus accidents each year. So you must ask the question; Can you sue if your child was injured in a school bus accident?
These accidents can be caused by other drivers, defective buses, poor weather, or even school bus drivers themselves. No matter what the cause, children hurt in these accidents have the right to recover from their past, present, and future losses.
Parents often ask, can I sue if my child is hurt in a school bus accident – the answer is yes, on behalf of the child. However, there are many rules that the legislature has put in place concerning bringing a lawsuit against a school district. Why? Because it is considered a State agency.
These rules and regulations are put in place to protect the State, often at the expense of the injured child. We do as injury lawyers, navigating these special rules regarding school bus accidents. Knowing the in's and out's of these rules can be the difference between getting recovery for your child or getting nothing. Therefore, we cannot stress the importance of consulting with a school bus accident lawyer if your child is hurt in an accident.
Specific Rules for Suing a School District After a School Bus Accident
Accidents involving school buses can occur for various reasons, including the district's negligence that may be responsible for the operation of the bus. Therefore, it is essential for parents of children hurt in public school bus accidents to be aware of the fact that bringing a legal claim against a state agency, such as a public school district, differs in many ways compared to bringing a lawsuit against a private party such as another driver or a school bus manufacturer:
- There are significant limits on how long victims have to file a claim in these cases, so parents must act quickly after a school bus accident to preserve their child's right to recovery.
- Additional rules relating to the legislature's statutory dollar caps need to be navigated.
- A good lawyer will look at all angles for recovery in these cases, including the other driver, school bus company, improperly designed roadways, and product defect issues, to name a few.
School Bus Accidents Can Leave Children With Extremely Serious Injuries.
Accidents involving school buses can involve tremendous physical forces that can often result in severe injury, especially in cases where a bus rolls over or sustains significant damage to its exterior.
Some of the injuries that a child involved in a bus accident may sustain include the following:
- Traumatic brain injuries
- Spinal cord injuries
- Burns
- Broken bones
- Amputations
- Soft tissue injuries
- Dislocations
- Crush injuries
- PTSD
- Injuries to internal organs
In many cases, these and other injuries children sustain in an accident have long-lasting effects that may impact them well into adulthood and significantly impact their future. In some cases, innocent kids may develop long-term physical or cognitive disabilities that prevent working or living independently. Getting proper medical care for a child hurt in a school bus accident is always a priority, followed by speaking to an attorney who can help the family through this trying time.
After a School Bus Accident, Time is Not on Your Side
If your child has been hurt in a school bus accident, you can sue. Still, because of the special rules involving school districts, physical evidence that gets lost quickly after an accident, and for the sake of protecting your child's rights – it is imperative to speak to an attorney as soon as possible. In addition, when children are involved in accidents that leave them with serious injuries, there is always the potential to require lifelong medical care and treatment.
As a result, the settlement or awards your child can receive can often be substantial and necessary to ensure a victim's future. Therefore, the parents of any child injured in a school bus accident should contact our experienced personal injury lawyers immediately. To schedule a free consultation with one of the lawyers at KaplunMarx, call our office today at 215-939-4895.
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