School Bus Accidents
School buses are a common sight in every community, and are responsible for transporting millions of children to and from school every day. While generally safe, school bus accidents still can and do happen for a variety of reasons, often leading to severe consequences for young passengers.
According to the National Highway Traffic Safety Administration (NHTSA), around 12,500 people were injured in school bus accidents in 2022. Additional NHTSA research shows that from 2012 to 2021, 1,110 people of all ages were killed in those crashes, averaging 111 fatalities per year.
When such incidents occur, the services of a lawyer become crucial.
Let’s explore some factors that impact safety. We urge anyone harmed in school bus accidents to reach out to us to discuss their case and recommend that you do the same. A free initial consultation allows you to learn about the rights you have to recover compensation if a collision injured you or your child.
Factors That Impact School Bus Safety
While school buses do have safety features, injuries can still happen when there’s an accident.
According to School Transportation News, compartmentalization is a key design element that these buses feature, as it incorporates energy-absorbing steel inner structures, high padded seat backs, and secure seating to shield children in the event of a crash.
However, it’s not infallible.
Unlike cars, most school buses don’t have seat belts for passengers. This lack of protection can lead to injuries during sudden stops or collisions. While some newer buses are equipped with safety belts, it’s not yet a standard feature nationwide.
Children involved in past accidents might have experienced fewer injuries or could have even had their lives spared if lap and shoulder seat belts had been in place.
Buses lack side impact protection. If a vehicle makes contact with the bus, it may cause students inside to suffer traumatic injuries. Most cars, SUVs, and trucks have reinforced side panels and front impact airbags, but school buses aren’t equipped with these features. This means that occupants are more vulnerable to suffering harm if accidents occur along these portions of the bus.
There are also rollover risks. During a collision that leads to a rollover, children may be tossed around inside the bus or even ejected from the bus.
While compartmentalization can help with taking the brunt of the impact, in these accidents, children can be seriously hurt or even killed if there aren’t proper safety restraints.
Federal School Bus Safety Standards
The National Highway Traffic Safety Administration (NHTSA) enforces bussing regulations intended to preserve and uphold the safety of the schoolchildren who ride them. For regulatory purposes, a school bus is defined as “a motor vehicle that has a capacity of 11 or more people (including the driver)” and “is sold or introduced into interstate commerce for purposes that include carrying students to and from school or related events.”
Here are a few key regulations and rules to be aware of:
- School buses must be designed and manufactured in a manner that promotes “compartmentalization” during an accident, which prevents the buckling of the vehicle.
- Buses used to transport schoolchildren must use energy-absorbing seats that limit the risk of injury in an accident.
- Small buses with gross vehicle weight ratings (GVWRs) of less than 10,000 pounds must be equipped with seat belts.
- Manufacturers, not federal regulators, specify the maximum number of occupants for a bus.
- Occupancy numbers are typically based on seating three elementary school students in a single 39-inch seat.
Many bus accidents occur because federal and state regulations have been ignored, overlooked, or even purposely violated in an effort to save money. While we know that most school districts and transportation offices are working on shoestring budgets, it is never an excuse to compromise the safety of our schoolchildren.
If your child was injured in a crash, know that your family has rights. Our accident lawyers are prepared to sit down with you in a completely free setting to discuss your legal options.
Injuries Students Suffer in School Bus Accidents
Unfortunately, children hurt in school bus accidents are susceptible to a wide range of injuries, such as:
- Concussions and traumatic brain injuries
- Broken bones and fractures
- Spinal cord injuries
- Lacerations and abrasions
- Emotional distress
- Death
In these cases, you will want to consult with an attorney experienced in investigating school bus accidents to help you navigate the complexities of filing a suit against a school district, one of its employees, or any other parties responsible for the crash that injured your child.
Schoolchildren Aren’t the Only Bus Accident Victims
While you might think that victims of these crashes are primarily children, that is not always the case. According to the National Safety Council (NSC), approximately 71% of deaths in school bus-related crashes involve occupants of other vehicles.
Rear-end collisions, side-impact crashes, and other accidents can lead to injuries. Additionally, the force of impact from a school bus collision can be severe due to the vehicle’s size and weight.
However, children are not the only ones to get hurt in school bus crashes. Referencing the same NSC report above, about 16% of decedents in these collisions are pedestrians. They’re most often killed when a bus strikes someone crossing the road or waiting at a bus stop.
Those injured in accidents like these and their families can generally seek compensation for their crash-related damages. If you would like to learn more about your options, schedule a consultation with us at Trucking Injury Law Group to learn more about your rights.
Why These Cases Can Be Difficult To Pursue
Usually, an employee of a government-run school district operates these buses.
Unfortunately, it can be difficult to bring a lawsuit against these entities. If a governmental agency operates your child’s bus, you may encounter difficulties with legal immunity. However, there are exceptions to this rule.
In some states, sovereign immunity has been waived for specific types of claims, such as personal injury claims resulting from bus accidents. In those states, individuals can take legal action against the government in certain circumstances.
Even when immunity is in effect, it may not shield the government from liability if the accident occurred due to negligence, such as reckless driving by the bus operator.
Determining Liability for School Bus Accidents
Government entities often carry liability insurance to cover claims arising from accidents involving their buses. If the accident was caused by the bus driver’s negligence, the coverage they have may provide financial compensation to the injured party.
However, that’s not the only challenge that victims may face when pursuing these cases. Determining liability can be a complex process, as well.
Any of the following parties may be responsible for a school bus crash:
- Bus driver: If the bus driver is found to have caused the accident due to negligence, distraction, or other factors, they may be held liable for the resulting injuries and damages.
- Bus company or agency: Sometimes, the school district may hire a third party to operate the bus. In these cases, the company or agency also shares a degree of liability. They are expected to maintain safe buses, hire qualified drivers, and adhere to relevant regulations and standards.
- Other drivers: If another driver caused an accident, like a tractor-trailer that collided with the bus, they may be held responsible for compensating the victims.
- Manufacturers or maintenance providers: In some cases, defective bus parts or inadequate maintenance contribute to accidents. In these cases, the manufacturers or mechanics may be held responsible for any resulting injuries and damages.
Your attorney will need to examine the facts of your case to determine specific liability.
Handling this type of case on your own is never recommended. If you need to file a claim or lawsuit against any of these entities, you need someone with experience in these cases.
What Compensation Can Be Recovered by Filing a Claim or Lawsuit?
Whether your child was hurt in a bus accident or you suffered injuries in the crash while riding in a different vehicle, you have the right to seek compensation for both economic and noneconomic losses, including:
- Medical expenses, including hospital bills, doctor’s visits, surgeries, medications, rehabilitation, and ongoing treatment.
- Lost wages, including both past and future income, if you were unable to work or cannot remain gainfully employed.
- Pain and suffering, as well as emotional distress, which often depend on the severity of injuries, recovery time, and long-term effects.
- Personal property damage, whether it merely needed repairs or had to be replaced.
- Having suffered a permanent disability or impairment as well as disfigurement or scarring.
- Vocational rehabilitation costs (retraining for a new career) in addition to diminished earning capacity.
By pursuing a wrongful death claim, surviving family members who’ve lost a relative in a school bus crash may be able to recover compensation for many of the losses above, in addition to funeral expenses and loss of financial support.
Unfortunately, there’s no one-size-fits-all approach to compensation, and every case has its own unique circumstances.
How Can a School Bus Accident Attorney Help Me?
A lawyer who regularly represents these types of clients can provide valuable assistance if you’ve been hurt in a wreck. You’ll want to choose a law firm focusing on personal injury law, including mass transit accidents.
These legal professionals can provide insights into the specific rules and regulations applicable to bus accidents in your area.
When taking another party to court, you will need to compile evidence. A bus accident lawyer will collect police reports, interview witnesses and collect their statements, gather medical records to substantiate injuries and treatment, and investigate the maintenance records of the bus involved.
With that, you can have a stronger foundation for your claim.
Any personal injury claim can be complicated, but there are additional hurdles that need to be overcome when school bus accidents are involved.
At the Trucking Injury Law Group, we know the difficulties that many people face during these times.
We take the time to learn about the circumstances surrounding the crash, hear your side of the incident, and help you discover what legal options are available.
If you are ready to learn how we can assist you after a school bus accident, schedule a free legal consultation. Contact us today, and let’s get started on your claim.
