What Can I Do if My Child Is Hurt on a School Bus?

Due to the changes forced by the coronavirus pandemic, you probably have missed some of the common routines when getting your child ready for school. Maybe you enjoyed the quality time between you and your child as you walked him or her to the bus stop.

The good news is that as schools begin to open back up, we will begin to see the yellow school buses that we were accustomed to seeing before the pandemic. However, with the recent school bus driver strike here in Maryland putting less experienced drivers on the road, it could raise the chances of your child being hurt in a school bus accident.

How do school bus injuries happen?

Fortunately, the design of a school bus allows it to be less vulnerable to traffic accidents. For example, the bus’s huge frame prevents it from taking on a majority of the impact in a traffic collision. However, like any other vehicle, school buses are still at risk of becoming involved in an accident.

The likelihood of a school bus becoming involved in a crash or collision is greater when a driver is negligent. If the driver is operating the bus while intoxicated or drowsy, these conditions can impact their judgment and ability to react to any changes in traffic in a safe manner.

Outside of motor vehicle accidents, there are other ways that your child can suffer injury while on the school bus. One common way is that your child can fall when the bus driver suddenly brakes. Because most school buses are not outfitted with seatbelts, it is easier for children to fall in the middle of the walkway of the bus or even slam against the front of the bus seat. Children can also injure their hands and arms if bus doors or windows are defective.

Last but not least, children can be assaulted by their peers due to the lack of authority and security on a school bus.

What kinds of injuries do kids experience in school bus accidents?

Although the risk of fatal injury on a school bus is low, your child can still suffer substantial injuries from a school bus accident. Some of the common injuries involved with school bus accidents involve brain injuries, lacerations, whiplash, herniated disks, and broken bones. Children who are bullied on school buses can experience symptoms such as nausea, headaches, dizziness, and stomachaches. If your child begins experiencing these symptoms before boarding the bus or after getting off of the bus, your child could be the victim of bullying.

Who can I hold liable for my child’s injuries?

It is understandable that when your child endures injuries on the school bus, certain questions such as liability and damages may come to mind. Once a school district is notified of a school bus accident, an investigation takes place to determine the liable party and the cause of the accident.

Some of the factors that a school district investigation determines are whether the bus driver acted in a negligent manner while driving the bus, or whether the school bus contained any defective parts. Based on these factors, certain parties such as the bus driver, the company who hired the bus driver, and even the school district can be held liable for your child’s injuries.

Can I file a lawsuit against the school district?

Because a public school district is considered a government entity, the school district is protected from a legal doctrine known as sovereign immunity. This legal doctrine prohibits a government entity from being sued without its consent. In other words, before filing a lawsuit against the school district, you would have to file a claim notifying the school district of the incident and wait until the claim has been investigated. You should file this claim as soon as possible, as most claims have a statute of limitations where the claim must be filed within a certain time period.

Because the procedures for filing a lawsuit against a government entity varies, it is in your best interest to seek the expertise of an experienced Maryland injury attorney with a past history of filing lawsuits against government agencies. Although filing a claim against a government entity may seem easy, there are particular ways that they may try to refute your claim. One way is through the statute of limitations. The government entity may argue that you filed your claim after the statute of limitations were up, voiding your claim entirely. An attorney can help ensure your claim is filed properly and on time.

Recovering after an accident is hard; choosing the right lawyer to represent you need not be. The Maryland bus accident attorneys of Plaxen Adler Muncy, P.A. have the skills, resources, and experience you want on your side when your child has been injured. Please call us at 410-730-7737, or complete our contact form to schedule a consultation. We serve clients throughout the state.