Who is liable if my child is injured in a school bus accident?

Liability in all car crashes ultimately falls on the party or parties whose negligence is determined to have contributed to the collision. That includes crashes involving school buses.

Negligence and its resulting liability are established through an investigation that analyzes police reports, vehicle damage, witness statements, and traffic law violations.

Insurance adjusters, legal teams, and sometimes accident reconstruction experts will analyze this evidence against state laws and traffic regulations to determine fault and assign financial responsibility for damages.

School District Liability

School districts, as a government entity, are protected by sovereign immunity, which can shield them from lawsuits for their actions. However, this immunity can be waived for negligence by a government employee.

You will likely need to notify the district of your intent to sue and potentially comply with specific deadlines and compensation caps under state law, making it crucial to consult a local bus accident attorney to assess your specific case.

When a School District can be Held Liable

A school district may be liable if their actions or omissions contributed to the accident, such as:

• Negligent driver training or hiring
• Failure to maintain the bus in good working order
• Negligence in responding to dangerous conditions: (e.g., driving in severe weather when school should have been canceled)
• Negligence of the bus driver

When a Bus Manufacturer can be Held Liable

An injured party can file a personal injury claim against a bus manufacturer if it can be shown that a design or manufacturing defect in the vehicle caused the injury. This includes claims for strict liability, negligence, or failure to warn.

To succeed, the injured party must prove the defect was unreasonably dangerous, present when the vehicle left the manufacturer, and that it caused the injuries in question. Compensation may include economic damages (lost wages, medical bills) and non-economic damages (pain and suffering).

When a Third Party Driver can be Held Liable

If a vehicle being driven by a third party strikes the school bus, then the victims (or their parents in the case of minors) can seek compensation from the third-party driver and/or their insurance carrier. As in the examples cited above, it must be shown that the driver was negligent, that the negligence was the proximate cause of the crash, and that the crash caused the injuries for which the plaintiff is seeking compensation.

Consult the J. Gonzalez Law Firm

Consulting the J. Gonzalez Law Firm is essential because school bus accident cases are complex. There might be one party whom is liable for the crash or there could be multiple parties who are liable for the accident. The J. Gonzalez Law Firm has decades of experience handling complex car accident cases, and with their help you’ll be able to determine who is at fault for your injuries.

If it involves a government entity such as a school district, the experts at the J. Gonzalez Law Firm can walk you through the complex legal steps necessary to bring a successful claim.

We do not charge for the initial consultation, and you pay nothing unless we obtain the best possible compensation for your losses. Reach out to us today via this website or by calling 1-800-CAR-CRASH.

Alamo man accused of rear-ending McAllen ISD school bus

By: Benjamin Treviño

MCALLEN – A 37-year-old Alamo man is facing criminal charges after he allegedly crashed into a McAllen ISD school bus.

According to the McAllen Police Department, the crash happened September 16 at around 4:38 p.m. in the 2600 block of Galveston Avenue. A news release states that a Chevrolet Silverado driven by Jose Cesar Galvan collided with a school bus carrying 17 students. The students’ ages ranged from 10 to 17.

Police arrested Galvan on a charge of driving with an invalid license. He was arraigned and his bond was set at $1,500.

No injuries were reported in connection with the crash, which was still under investigation at this writing.

Source: https://www.krgv.com/news/bond-set-for-alamo-man-accused-of-rear-ending-mcallen-isd-school-bus?