Liability in School Bus Accidents Involving Children

You send your children off to school on the school bus expecting they’ll arrive at their destination safely. However, school buses are like any other type of motor vehicle: They can be involved in collisions.

You and your child may be eligible for financial compensation if your child was hurt or lost their life in a school bus crash. To recover compensation, you typically must file an insurance claim or lawsuit against the liable party.

This requires first determining who the liable party actually is. Who’s responsible for providing compensation in a school bus accident case can depend on many factors.

Potentially Liable Parties in School Bus Accident Cases

The liable party when a school bus accident occurs depends primarily on how the accident happened. If another motorist caused the accident, they may be liable, meaning victims can file claims with their insurers. Because Massachusetts is a no-fault state, where drivers have their own personal injury protection (PIP) insurance, in some cases, one’s own insurance may provide some compensation after an accident, but it might not be sufficient to fully cover the losses and damages resulting from a crash.

Liability can be more complex if the bus operator caused the accident. Typically, even if the accident resulted from the actions or negligence of a bus operator, their liability may best be addressed by seeking compensation from the employer, as the actions or inactions of one individual occurred by or on behalf of the entity who hired them.

The employer may also have separate and distinct responsibilities relating to the incident, such as negligent hiring, training or supervision.

Further, the employer may be a private transportation company with whom a school district contracts. In this scenario, the parents of a child who was injured or who lost their life in a bus crash can file a claim or lawsuit against the private company handling the school district’s bussing needs.

However, some school districts maintain their own bus fleets. In these circumstances, the liable party is a government entity. Seeking compensation in this type of situation can be somewhat more complex than usual due to sovereign immunity.

Sovereign Immunity and School Bus Crash Cases

Sovereign immunity rules in Massachusetts and other such states establish that government entities may not be sued for negligence, even if their negligence results in injury. While these entities may consent to providing compensation, they don’t necessarily have to, which can make it difficult for victims to receive what they might otherwise be eligible to collect.

Luckily, under the Massachusetts Tort Claims Act, it’s now possible for citizens to file claims or lawsuits seeking compensation from state government agencies in certain circumstances. One such circumstance is when negligent operation of a government vehicle results in injury or death. Because a school bus that a district owns and operates qualifies as a government vehicle, a school bus crash may be an example of a case in which taking action against a government agency is warranted.

When Product Liability Applies in Massachusetts School Bus Accident Cases

Driver error (whether on the part of a school bus operator or another motorist) isn’t the only potential cause of a school bus accident. Sometimes, accidents occur because vehicle components fail.

You may have a right to compensation under the legal theory of product liability if part failure caused a school bus accident resulting in harm to your child. In this type of case, the liable party may be a product’s designers, manufacturers, or marketers.

Be aware that breach of warranty typically applies in Massachusetts product liability cases. This means that you don’t need to prove negligence to establish your eligibility for compensation when filing a claim or lawsuit. As long as you can provide evidence showing an accident occurred because a part was defective in some capacity, you may have a valid claim regardless of whether there were negligent acts.

The Benefits of Legal Representation When Your Child is Hurt in a School Bus Accident

Determining liability can require investigating your child’s bus crash. You may not have the experience or resources necessary to conduct such an investigation on your own.

In addition, you also need to account for the various losses and damages for which compensation may be available. Keep in mind that the insurance company or negligent party who caused the accident is unlikely to tell you precisely how much compensation you stand to collect.

Luckily, investigating your child’s school bus accident, documenting compensable losses, and negotiating with an insurance company or liable party aren’t tasks you need to handle on your own. At the Swartz & Swartz, P.C., our Boston personal injury attorneys can take over your case while you focus on ensuring your child recovers from their injuries. Learn more about what we can do for you by contacting us online or calling us today at (617) 742-1900 for a free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.