Claiming Damages for Injuries in a School Bus Accident

As the school year begins, parents across Long Island again rely on school busses to safely transport their children. While this normally occurs without incident, there is always the possibility of a collision or other type of accident, with resulting injuries to young passengers. The causes of school bus accidents can range from driver negligence to mechanical failures, poor road conditions or adverse weather. Determining who may be liable for these injuries requires a thorough analysis.

The following parties may share responsibility for school bus accident injuries:

1. Bus driver — If the accident was caused by the driver’s negligence — such as speeding, distracted or fatigued driving or failure to adjust for bad weather or road conditions — the driver could be held responsible for the resulting injuries. A driver’s failure to follow traffic laws, maintain control of the bus or ensure the safety of the passengers can all contribute to liability.
2. Bus operator — When a bus is owned or leased by a private company, that entity can be held liable for the negligence of its drivers. The bus operator is also responsible for poor maintenance or failure to address known mechanical issues that may have contributed to the accident.
3. Third-party driver — The actions of another driver may have caused or contributed to the school bus accident. If a third-party driver was speeding, distracted, or otherwise negligent, they could be held liable for the injuries sustained by the passengers on the bus.
4. School or school district — If the school or district owns the bus and employs the driver directly, liability could also arise from any negligence in hiring, training or supervising the driver, as well as in maintaining the bus. If the bus is chartered, the school or district could be liable if it failed to properly vet the bus operator or the qualifications of the bus driver. 
5. School-affiliated organization — Parent-teacher associations (PTAs) or other non-profit organizations that charter buses for school events can also be held vicariously liable if their actions or omissions contributed to the accident. 
6. Bus maintenance provider — If a bus accident occurs due to a mechanical failure such as brake failure, tire blowout or engine issues, the mechanic or maintenance provider responsible for servicing the bus may be held liable. Additionally, if faulty parts supplied by a vendor contributed to the accident, the supplier might also share in the liability.

The danger of accidents may be higher during field trips or excursions where buses travel on highways or unfamiliar routes. Additionally, injuries may be worsened if children on the bus are not properly restrained with seat belts or if other safety measures were not followed.

An experienced school bus accident attorney can be instrumental in helping obtain compensation for injured children. The attorney will investigate the accident’s cause, identify potentially liable parties, gather evidence to support a claim and negotiate with insurance companies to reach a fair settlement.

If your child has been injured in a school bus accident, the legal team at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York can help you obtain maximum compensation for your losses. Call 631-360-0400 or contact us online to arrange a free initial consultation.