School buses are a common and generally safe mode of transportation for children. However, accidents can happen, and determining liability is often complex. If your child or teenager or the bus driver has been injured in a school bus accident, here’s what you need to know about ensuring their safety, identifying responsible parties, and pursuing maximum compensation.
Steps And Considerations After a School Bus Accident
The top priority in any school bus accident is ensuring the safety of passengers. Bus drivers and staff must assess the situation, decide whether evacuation is necessary, and promptly call emergency services to address injuries and secure the scene.
Most school buses lack safety belts, making children particularly vulnerable to injuries during crashes or sudden, sharp turns that cause them to fall from their seats.
In Nevada, if a child is injured or killed in a school bus accident due to a bus driver’s negligence, legal claims are limited. Under sovereign immunity, government employees, including bus drivers, are protected from lawsuits for acts of simple negligence. However, they can be held accountable for gross negligence, which demonstrates complete disregard for safety and a reckless indifference to others’ well-being.
In contrast, school boards are not protected by sovereign immunity to the same extent. They can be held liable for a bus driver’s simple negligence. This makes it more feasible to file a claim against a school board than an individual driver. However, Nevada law caps damages in such cases at $100,000, per NRS 41.035, unlike California, where there is no similar limit on claims against county entities.
If the driver or passenger(s) are injured, you should:
Call 911: If possible, call 911 and request an ambulance.
Get medical attention: Make sure the driver receives immediate medical attention.
Report the accident: Notify the school district and authorities.
Collect evidence: Take photos of the accident and damage to the vehicles and scene. You can also ask for the names, insurance details, and license numbers of other drivers involved.
Document everything: Write a report that includes the date, time, and location of the accident, as well as a description of what happened.
Identifying Liability
Determining who is at fault requires examining various factors, including:
- Bus Driver’s Conduct: Negligence, such as reckless driving or being under the influence of alcohol or medication, may hold the driver or their employer accountable.
- Mechanical Issues: Faulty brakes or maintenance issues may implicate the school, bus company, or manufacturer.
- External Factors: Other drivers, road hazards, or adverse weather conditions can play a role.
In most cases, the school system is vicariously liable for its employees’ actions during work duties. If services are outsourced, the contracting company may bear responsibility.
Support and Rehabilitation
Recovery from an injury can really be challenging. That is why support is important for the physical and mental well-being of the injured driver and/or passengers, including:
- Physical Rehabilitation: To ensure the driver regains strength and mobility, physical therapy and rehabilitation services help in the recovery process.
- Counseling Services: Access to counseling services can provide emotional support and help in coping with the trauma because injuries can have psychological impacts.
- Return-to-Work Programs: To help injured employees transition back to their job roles, many employers offer return-to-work programs, which might include modified duties or part-time work until full recovery.
Compensation for Damages
Victims may be entitled to compensation for:
- Medical expenses, rehabilitation (current and future)
- Pain and suffering
- Mental anguish
- Loss of income for having to take time off work
- Tutoring for your child due to missing school time
- Special devices (e.g. crutches, wheel-chair, etc.)
- Counseling
Collecting evidence such as medical records, expert opinions, and witness statements is crucial to building a strong claim. But act now, because evidence can disappear quickly, and there are time limits to filing claims!
Why Legal Representation Matters
Navigating the complexities of liability and proving negligence can be challenging. A bus accident lawyer ensures a thorough investigation, identifies all liable parties, and helps recover the maximum compensation for your child’s injuries.
If your family has been impacted by a school bus accident, consult an experienced personal injury attorney to protect your rights and seek justice. At Howard Injury Law, we will expertly guide you through the legal process as your dedicated personal injury lawyer. From the initial free consultation to the resolution of your case, our experienced attorneys serve Nevada, California, Colorado, and Arizona, and are committed to providing comprehensive support and representation. We understand the complexities and challenges that come with personal injury claims, and we are here to ensure that your rights are protected every step of the way.
Free Consultation with Howard Injury Law:
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