School Bus Accidents: Understanding Your Legal Rights if Your Child is Injured

BLITZ LAW GROUP
Sep 8
3 min read

The school bus is a trusted symbol of safety, transporting millions of children to and from school every day. Yet, the unthinkable can happen. While statistically rare, school bus accidents do occur, and when they do, they can be devastating for a child and their family. If your child has been injured in a school bus accident, it's essential to understand your legal rights and the steps you need to take to protect their future.

Yellow school bus on urban street with trees and brick buildings, overcast sky. Text on bus reads "SCHOOL BUS." Calm city scene.

The Immediate Steps After a School Bus Accident

The moments following an accident can be chaotic and overwhelming. Your first priority is your child's well-being.

Seek Immediate Medical Attention: Even if your child's injuries seem minor, it's crucial to have them evaluated by a medical professional. Some injuries, like concussions or internal issues, may not be immediately apparent. Prompt medical care also creates a vital record for any future legal claim.
Document the Scene: If you are at the scene, or if your child is old enough to do so safely, take photos and videos of the bus, any other vehicles involved, the accident location, and any visible injuries.
Gather Information: Collect contact and insurance information from the bus driver, any other drivers involved, and eyewitnesses. Note the bus number, the name of the bus company, and the school district.
Report the Accident: File a police report and ensure the school district is notified of the incident. This creates an official record of the accident.

Who Can Be Held Liable?

Determining fault in a school bus accident can be complex. Unlike a typical car accident, multiple parties may be responsible for a child's injuries.

The Bus Driver: If the driver was speeding, distracted, under the influence, or otherwise negligent, they could be held liable.
The Bus Company or School District: The company or district is often responsible for the actions of its employees. They also have a duty to ensure buses are properly maintained and drivers are adequately trained. Negligence could involve poor hiring practices or a failure to follow safety regulations.
Another Driver: If the accident was caused by another motorist who was reckless or careless, they and their insurance company could be held responsible.
The Bus Manufacturer: In cases where a mechanical failure, such as a defective brake system or faulty tires, caused the crash, the manufacturer of the bus or a specific part may be held liable.

Special Considerations in Child Injury Cases

When a child is injured, the legal process has unique aspects designed to protect them.

Statutes of Limitation

The time limit for filing a personal injury lawsuit, known as the statute of limitations, is different for children. In many states, the clock doesn't start ticking until the child turns 18. This "tolling" of the statute allows the child to pursue a claim on their own behalf as an adult. However, for a claim against a government entity like a school district, there are much shorter deadlines, often requiring a "Notice of Claim" to be filed within a matter of months.

The Role of Parents and Attorneys

As a minor, a child cannot legally file a lawsuit on their own. Instead, their parents or legal guardians must file a personal injury claim on their behalf. The parent acts as the "plaintiff" in the case, seeking compensation for the child's injuries and damages.

How a Personal Injury Attorney Can Help

Navigating the complexities of a school bus accident claim requires the knowledge of an experienced attorney. A lawyer can:

Conduct a Thorough Investigation: They will work to determine who is at fault by gathering evidence, including police reports, driver logs, maintenance records, and witness statements.
Handle Negotiations: They can negotiate with insurance companies on your behalf, ensuring you are not pressured into accepting a lowball settlement.
Protect Your Child's Rights: An attorney will ensure all legal deadlines are met, especially the critical and often overlooked deadlines for claims against government entities.
Secure Full Compensation: They will fight to recover damages for all losses, including medical bills, future medical care, lost earning potential, and the child's pain and suffering.

Useful Resources

U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA): Link to NHTSA school bus safety page
American Academy of Pediatrics: Link to AAP page on car and bus safety for children