Who Is Liable for Children Injured in School Bus Crash?

Posted on December 11, 2015 at 11:58am by

iStock_000009988691_Large (1)A recent crash between a school bus and a fuel truck resulted in the injuries of four people, three of whom were children. The school bus crash, which occurred about 8:30 am in the northbound lanes of the Parkway in Cape May County, left the driver of the fuel truck trapped inside until emergency crews could cut him out. He was taken to the nearest hospital in unknown condition. Three children were also taken to the hospital, but their injuries are reportedly not life threatening. The cause of the crash is still unknown and officials have said the investigation is ongoing.

Who Should Be Responsible for the Bus Accident?

School bus accidents are generally covered by the school, which is legally liable for the care of the children there. A school is required to provide for all the children’s needs, same as with any parent. It must provide food, shelter and a safe environment both on school grounds and during transportation.

Typically, the school is responsible for injuries incurred by a child either on school property or on a school bus. This means that in the following situations, the school may be liable for the injuries.

  • Negligence of the bus driver
  • School district’s failure to properly train the driver
  • Poorly maintained or defective school bus
  • Negligence of the other driver involved

Public vs. Private School

If your child attends a public school, then it is a government entity, which means that filing an injury claim can be extremely complicated. The government has rules for when and how you are allowed to sue it.

Private schools are independent organizations, so there aren’t usually any special considerations to be made when filing a lawsuit.



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