Buses are a comparatively safer mode of transport due to their large size, a mandatory harness system, closely spaced seats with tall seat backs. Although it is rare, school bus accidents can occur and lead to a devastating experience as they involve small children. If your child was a victim of a school bus accident, according to very important lawsuit information provided by the bus accident lawyers at the Salamati Law Firm in Los Angeles,CA, you have the right to hold the negligent party liable for the injuries your child sustained in the school bus accident.
Whom should you sue for your child’s injuries?
If you are a parent or a legal guardian, you are eligible to sue on your child’s behalf and receive compensation for any expenses related to the injuries. Some common causes of school bus accidents include speeding, reckless driving, or driving while being intoxicated. Based on the reason due to which the accident occurred, the negligent party can be sued.
The Bus Driver: All school bus drivers have a responsibility to ensure the safety of all children riding the bus. If the bus driver’s negligence has contributed to the collision then you can sue them.
The Other Driver: If the carelessness or reckless driving of the other party involved in the accident has caused the crash then you can sue them for your damages. In most school bus accident cases, the other driver is found to be at fault.
The School Bus Company: If the school bus company has not maintained high standards of care that resulted in the accident then they may be held responsible.
The School District: The law governing your ability to sue the school district is complicated but if the school district’s negligence has contributed to the accident then you may be able to sue the school district.
If you are suing any of the parties for their negligence, you will have to prove that they had a duty of safety towards the children, and a breach in this duty created dangerous situations which caused the accident. You further need to prove that the resulting injuries are a direct impact of the accident.
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What does the School Bus Accident Lawsuit Cover?
A school bus accident lawsuit usually pays for the following:
- Past medical expenses and those that will be incurred in the future
- Expenses for home modifications or disability-related devices
- Expenses to cover mental health conditions such as anxiety, PTSD among others
- Your lost wages as you take care of your injured child
Each state has its own statute of limitations governing the time frame within which you need to file for a claim. In general, if the accident involves a private school you may have around 2 years to file your claim. However, if an accident involves a public school you should file your claim within 6 months from the date of the accident.
How can a good personal injury lawyer assist you?
If your child has been involved in a school bus accident, it is imperative to get in touch with a legal expert who can help you understand your options. A good personal injury lawyer will assist you in determining the at-fault party whose negligence caused the accident and help you file for a personal injury lawsuit.
In cases involving attacks with weapons in schools, it may be argued that the schools should have prevented the weapons from being brought onto school grounds. Not all attacks involve easily concealed weapons. One of the most shocking occurred in 2008, when a learner armed with a sword killed a fellow pupil and injured a learner and two school employees.