As complicated as auto accident lawsuits can be, accidents that involve a school bus can be even more complex due to all of the factors and people involved in the case. Were people injured outside the school bus? Were the injured parties the students on the bus? Was the bus driver negligent? Was the bus in good repair? Does the school own the bus or is it owned by an independent third party? When you consider all these questions, it underscores the need for an attorney who’s knowledgeable about car and bus accidents and the finer points of the laws surrounding them.
Because public schools fall under the auspices of their respective state’s Department of Education, they are, in some ways, shielded from certain laws. Much of this depends on the state itself, but in general, if a driver is acting out of negligence or malice, they’re not shielded from those actions. Though, again, this is just one aspect of the overall, complicated situation, as things can change depending on the nature of the accident, who owns the bus, and who the driver works for.
Many buses are owned by the school district that uses them for the transportation of their students. Other buses are just contracted out and are still owned by a third party. Depending on the terms of the contract, the driver may also be an employee of the third party as opposed to the school. If the driver is employed by a third party, then any potential lawsuit may have to be filed against the actual employer of the driver as opposed to the school. If this sounds like a very complicated process just to find out who to sue, it’s because it is a complicated process. In general, the more parties that are involved, the more challenging it can become to untangle how to proceed with your lawsuit. This is, again, why getting the right attorney is of such paramount importance.
Negligence is really the key component to winning a case involving a school bus accident, regardless of who owns the bus. Was the driver negligent in how they were driving, in a way that led to the injury of another motorist or a child on the bus? Some news investigations have found where school bus drivers were not nearly as careful on the roads as they should’ve been. Was there a mechanical failure on this bus that led to an accident and could’ve been prevented if negligence hadn’t led to the vehicle being properly maintained? A lawyer can help you gather up the information needed to see if negligence played a role somewhere along the chain of events that led to the accident.
No one wants to be involved in a school bus accident, nor do they want to have to think about the idea of children being hurt in a crash. Negligent drivers should be held responsible for their actions and victims deserve to be compensated for their pain and suffering. If you were hit by a school bus, call ELG Law at 623-321-0566 for a free consultation. The law may be complicated, but it’s the job of an attorney to sort through it all to help you win your case. Let our experienced legal team untangle the mess of names, companies, and school districts to see if your case can stand up and get you the compensation you deserve.