If your child was injured, there may be one or more parties liable for a school bus accident.
If the school bus driver is found to be at fault for the crash, the party responsible for the driver’s actions should be financially liable for your child’s damages.
The school district may also be liable for damages if a school crossing guard erred while directing traffic and your child was injured in a school bus accident. Either while riding the bus or walking.
However, the rules for filing a claim against a government entity may differ from a regular injury claim due to sovereign immunity laws.
There are instances when the collision involves a private school bus. In this case, you may be able to pursue compensation from the owner of the bus. Sometimes the owner and driver are one and the same. Even private buses are required by state law to carry liability insurance, as these are considered commercial vehicles. If your child is injured in a private school bus accident, you may be able to file a claim with the commercial liability insurance that covers the bus.
Accidents involving a school bus where another driver is at fault are generally more in line with the typical personal injury process. However, the insurance policy may not cover all damages since there will likely be more than one injured child. The insurance company will probably fight back harder to not have to pay out any claims. Therefore, it may be in your best interest to work with an attorney.
In some very rare instances, the company responsible for the maintenance of the bus could be liable if the cause of the collision was a mechanical issue. For example, if a crash was caused by brake failure.