Parents have the option to file a personal injury claim if their child is injured in a school bus accident. This aims to collect compensation for the damages incurred in the crash. The bus driver or school may be liable for such incidents in most cases.
In this article, you will understand your rights as a parent if your child is injured in a school bus accident in California and how to collect compensation for damages.
What Causes School Bus Accidents?
The School Bus Fleet estimates that 489,748 yellow school buses operated daily in the United States during the 2021–2022 academic year. About 20.5 million primary and secondary education students take school buses to and from their destinations daily.
While school buses are the safest option for transporting kids to school compared to walking or riding in a car, they still may cause accidents due to several reasons, including:
- Driver error is a significant contributing factor in school bus accidents. This can involve driving while inattentive, exceeding the speed limit, driving carelessly, or breaking the law.
- By decreasing visibility and making road surfaces slick, unfavorable weather conditions like rain, fog, snow, or ice can increase the risk of school bus accidents.
- Mechanical Failures in the school bus’s steering, brakes, tires, or lighting systems could result in collisions.
- Uneven surfaces, potholes, construction zones, and poorly maintained roads can all raise the possibility of school bus accidents.
- Accidents might occur when students are being loaded and unloaded from a school bus. This is especially true if drivers neglect to observe pedestrians or if appropriate safety precautions are not taken.
- School bus drivers who are fatigued may make poor decisions, react slowly, and have an increased chance of accidents.
School bus drivers must ensure the safety of their passengers when driving on roads and highways. Similarly, parents or guardians should teach their children road safety, especially when going to and from school.
How Often Do School Bus Accidents Happen?
While children traveling on school buses account for fewer than 1% of all traffic fatalities, the National Highway Traffic Safety Administration highlighted increased vulnerability when boarding or disembarking from buses. Regrettably, between 2012 and 2021, a total of 113 individuals aboard school buses lost their lives in traffic accidents, including 52 drivers and 61 passengers.
Moreover, it was also discovered that in 2021, the United States experienced 101 fatal bus accidents, leading to 108 deaths. Among these fatalities, only 4.6% were passengers aboard school buses. The majority, 68.5%, were occupants of other vehicles, while 19.4% were pedestrians. The remaining casualties included bicyclists (1.9%) and school bus drivers (5.6%).
Notably, 23% of school bus accidents from 2012 to 2011 occurred in intersections.
With roughly three million students transported by more than 25,000 school buses in California each day, the state ranked fourth in the number of fatal bus accidents in the United States in 2022.
Does California Have Laws About School Bus Driving?
The California Vehicle Code § 12517.1 recognizes school bus accidents in California with the following criteria:
- Any car crash, whether on public or private land, involves a school bus, youth bus, school pupil activity bus, or general public paratransit vehicle carrying students, resulting in more than $1,000 worth of property damage or injuring people.
- An incident that happens when a car strikes a kid or a school bus driver when they are crossing the street at a time when Section 22112 requires the school bus to activate its flashing red signal lights or when it has stopped to pick up or drop off pupils.
- Any damage a student inside the bus sustains due to a car’s acceleration, deceleration, or other motion.
The state also aimed to ensure children’s safety when transporting students going to and from school through school buses by imposing several laws, including:
School bus drivers are required by California Civil Code Section 2100 to prioritize the safety of
children while on the road, which means they must drive with additional caution and care.
According to this legislation, people or organizations that offer transportation services in exchange for compensation must take all reasonable measures to guarantee the safety of the individuals they are transporting. They also need the necessary skills to carry out their responsibility efficiently.
Moreover, California Vehicle Code Section 21702 limits the driving hours of both bus and truck operators. This legislation restricts bus drivers from:
- Driving for more than ten hours straight in one day.
- Driving for more than ten hours within 15 hours.
- Operating a vehicle for more than ten hours daily unless they have received at least eight hours of rest.
Similarly, drivers should be cautious when sharing the road with school buses. California Vehicle Code Section 22454 prohibits vehicles from passing a school bus under certain conditions:
- When the bus stops to pick up or drop off students.
- When the bus has flashing red lights or a stop sign arm.
The stop signal arm, an extended mechanism on the side of a school bus, alerts other cars not to pass the bus while it is loading or unloading children. Motorists must wait until the flashing red lights or the stop signal arm are no longer visible before continuing. Under some conditions, drivers on the opposite side of the road may continue to drive while a school bus is stationary.
Breaking school bus stop laws can result in severe consequences, including fines of up to $1,000 and a possible one-year driving privilege suspension. To avoid auto crashes, school bus operators and other road users must exercise caution, especially when sharing the road.
Can I File a Claim if My Child Is Injured in a School Bus Accident in California?
If your child suffers injuries in a California school bus accident, you may take a personal injury claim against the at-fault driver to recover compensation for your losses. In such instances, you must prove an apparent direct connection between the driver’s actions and the accident.
In California, four main factors usually determine whether someone was negligent in a school bus accident:
- It was the driver’s duty to ensure that every passenger, including your child, was safe.
- The driver failed to exercise their duty of care.
- The breach of duty directly caused the school bus accident.
- The collision resulted in injuries and other damages.
While this may seem straightforward, you must have the necessary evidence to justify that the other party’s actions caused the school bus accident. Without proof, your case will likely be dismissed.
This is why it is crucial to secure evidence at the accident scene, such as:
- Accident reports
- Photographs of the accident scene
- Testimonies from eyewitnesses
- Accident reconstruction analysis and others
Who Can Be Liable for a School Bus Accident?
You may use the following entities for a school bus accident, depending on the circumstances of the crash.
Negligent Drivers
Remember that by law, school bus drivers are responsible for ensuring that students are transported to and from school by the bus driver safely and legally. As such, the school bus driver could be held accountable for the collision if their careless actions contributed to the incident.
Let’s say the school bus driver went over the speed limit. At the same time, a pedestrian was walking on a crosswalk. Due to the speed and weight of the school bus, the driver veered off the road to avoid colliding with the pedestrian. As a result, the students inside the vehicle sustained injuries. In such a case, the school bus driver should be held liable since their violation directly resulted in the collision.
The School or School District
You may file a claim against the private school if your child is a student there and the school’s negligence causes the school bus accident. For example, the school may be held liable for the accident if it hires a careless driver with a history of bad driving records.
Similarly, if your child attends a public school and is injured in a school bus accident, you may be able to bring legal action against the local school district that is in charge of bus maintenance.
For example, the school district hired a driver with a drowsy driving history in their past driving job. Unfortunately, that driver caused a collision due to fatigue, resulting in your child’s injuries. The school district should also be accountable for the damages in this scenario.
Other Parties
There are situations where the school and bus driver share no fault for the collision. In some instances, additional parties can be held responsible for the school bus accident, including:
- Manufacturers: If the school bus or any of its parts had a defect that caused the accident, the bus’s maker of the faulty part could be held liable for product liability.
- Government Agencies: The government organization in charge of maintaining the road may be held accountable if an accident results from a flaw in the structure or from improper maintenance.
With all the possible liable parties mentioned, collecting evidence and determining who caused the collision is crucial. You may likely lose your right to compensation if you fail to justify an entity’s negligence in a school bus accident. It is recommended that you contact a school bus accident lawyer who can use their expertise and resources to prove liability.
Lawyer’s Tip: You can file several personal injury claims simultaneously if there are different liable parties involved in a crash. Contact a personal injury lawyer who can help you handle such cases and avoid losing your right to compensation.
Complexities When Filing Against School Districts
While you have the right to file a claim against school districts if their negligence caused your child’s injuries in a school bus accident, you will likely face several legal consequences that may hinder you from doing so. This may include:
- Sovereign Immunity: Like other governmental bodies, school districts can apply for sovereign immunity, which reduces their responsibility for specific acts. It may be challenging to hold them liable for negligence in school bus accidents due to this immunity.
- Statute of Limitations: Lawsuits against government bodies, including school districts, are subject to stringent time constraints known as statutes of limitations. Your case may be dismissed if these deadlines are missed. In California, you may pursue a claim against the local government for six months after the crash.
For instance, you were busy caring for your child’s well-being after a school bus accident. After four months, you filed a claim against the school district to receive compensation for the damages. The legal process becomes even more complicated since you are fighting against a local government system. Unfortunately, you now lack time to prove your case.
You must then seek the advice of an experienced school bus accident lawyer who can advise you on the best course of action to protect your legal rights, prevent missing deadlines, and keep your case from being dismissed.
How Much is the Average Settlement for a School Bus Accident?
There is no average settlement for a school bus accident, as the compensation awarded for damages is contingent upon various factors specific to the incident. These factors include the severity of injuries or damages sustained and their implications for the victim’s life.
For example, if your child had minor lacerations from the collision, you may receive less compensation than a student who had severe back injuries from the same crash. This is because your child’s injuries can be easily treated. On the other hand, the other pupil needs several treatments and rehabilitation to recover from their back injuries.
Aside from this, the other child will likely suffer emotional distress due to the crash as their back injuries can significantly impact the way they live. Hence, this intangible loss can be added to their overall compensation.
A school bus accident lawyer can help assess your situation and determine the overall losses to be included in your settlement. They will quantify and calculate the economic and non-economic damages to maximize your payout.
How Can a California School Bus Accident Lawyer Help Me?
Dealing with an accident claim may be challenging, especially if you fight against schools and local governments. For instance, how can you focus on your child’s recovery if you need the time and energy to prove a claim against a local district?
Fortunately, with the assistance of a school bus accident lawyer, you can concentrate on your child’s well-being while they handle the intricacies of your claim. Here’s how they will support your case:
- Conducting a thorough evaluation of your case’s specifics to determine the most suitable legal approach.
- Gathering crucial evidence, such as medical records, accident reports, witness testimonies, and relevant documentation, to bolster your claim.
- Ensuring all legal procedures and paperwork are meticulously executed to prevent costly errors that could jeopardize your case.
- Engaging with the opposing driver’s insurance company on your behalf and advocating for your rights to secure equitable compensation.
- Skillfully negotiating with insurance companies to achieve a settlement that adequately compensates you for injuries and damages.
- Safeguarding your legal rights throughout the legal process, including shielding against tactics employed by insurance companies to diminish payouts.
Hiring a personal injury attorney is crucial in ensuring you and your child receive the compensation you deserve following a school bus accident. They possess the expertise to navigate complex legal procedures, manage legal aspects, and strive to optimize your recovery while upholding your rights.
Jacoby & Meyers: The Best School Bus Accident Lawyers in California
Numerous legal firms across California offer assistance to individuals seeking compensation for car accidents. However, Jacoby & Meyers distinguishes itself by offering an unmatched legal process devoted to safeguarding your rights, making us the preferred option for accident victims.
Since 1972, Jacoby & Meyers has steadfastly protected the legal rights of individuals involved in auto accidents and secured significant settlements. Our demonstrated track record, exceeding $2 billion in settlements, underscores our commitment to our clients.
If your child sustained injuries in a California school bus accident, Jacoby & Meyers is here to assist you. We offer complimentary consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Instead of relying only on our guarantees, hear what satisfied customers say about our services.
“Jacoby and Meyers helped my case smoothly and easily. They communicate pretty well and always acknowledge all my concerns. They are very professional, and I am absolutely delighted working with them! Thank you so much to Selene, Nicole, Macy, Vanessa, and especially Christine!”—Shiloh V.
Frequently Asked Questions
Do you have further questions regarding bus accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- Bus Accidents and Bus Accident Attorneys: What Should I Know About Them?
- How Does the Burden of Proof Work in Personal Injury Claims in California?
- How to Find the Best Personal Injury Lawyer
- My Personal Injury Settlement Check is Late; How Long Will It Take?
Works Cited
“Cal. Code Regs. Tit. 13, § 1256.5 – School Bus Color and Signs.” Law.Cornell.Edu, https://www.law.cornell.edu/regulations/california/13-CCR-1256.5. Accessed 16 April 2024.
“California Vehicle Code Section 21702.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21702. Accessed 16 April 2024.
“California Vehicle Code Section 22454.” Case Text, https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-8-special-stops-required/section-22454-stopping-upon-meeting-or-overtaking-schoolbus? Accessed 16 April 2024.
Fretwell, Kyle. “Bus Accident Statistics – 2023 Edition.” TruckInfo.net, 27 December 2023, https://www.truckinfo.net/research/bus-accident-statistics. Accessed 16 April 2024.
“School Bus Safety | Bus Stops, Drivers.” NHTSA, https://www.nhtsa.gov/road-safety/school-bus-safety. Accessed 16 April 2024.
“Section 12517.1 – Schoolbus accidents, Cal. Veh. Code § 12517.1.” Casetext, https://casetext.com/statute/california-codes/california-vehicle-code/division-6-drivers-licenses/chapter-1-issuance-of-licenses-expiration-and-renewal/article-1-persons-required-to-be-licensed-exemptions-and-age-limits/section-125171-schoolbus-accidents. Accessed 16 April 2024.
“Section 22406 – Speed in excess of 55 mph prohibited for enumerated vehicles, Cal. Veh. Code § 22406.” Casetext, https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-7-speed-laws/article-2-other-speed-laws/section-22406-speed-in-excess-of-55-mph-prohibited-for-enumerated-vehicles. Accessed 16 April 2024.
“Statistics.” School Bus Fleet, https://www.schoolbusfleet.com/research. Accessed 16 April 2024.
Stewart, Timothy. “Overview of Motor Vehicle Traffic Crashes in 2021.” CrashStats – NHTSA, https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813435. Accessed 16 April 2024.