The safety of children is a primary concern for parents, especially when they are away from home. School bus rides, while generally safe, can be risky. In 2022, school bus-related crashes caused 104 fatalities nationwide, a slight decrease from the previous year. From 2013 to 2022, 71% of deaths in these accidents involved occupants of other vehicles, 16% were pedestrians, and about 5% were school bus passengers.
Understanding these risks is crucial. Knowing what can go wrong and the legal steps to take if your child is injured can make a significant difference in obtaining the necessary support and compensation.
What Are The Most Common Types of School Bus Accidents?
When it comes to school bus accidents, Miami has seen its fair share of incidents. For example, in a recent crash in Miami Gardens, a school bus was clipped by a Chevy Equinox. Thankfully, none of the seven children on board were injured, but the driver and passenger of the Equinox were hospitalized, highlighting how even minor collisions can have serious consequences. Another tragic case involved a 9-year-old student in Orlando who was fatally injured after crawling under a bus—an incident that underscores the importance of vigilant bus driving and strict adherence to safety protocols. In Miami-Dade, a crash at 79th Street and 17th Avenue involved a school bus and several other vehicles, but, fortunately, no children were injured.
These examples reveal that while school buses are among the safest modes of transport, accidents can still occur.
School bus accidents often fall into three main categories:
- Accidents Involving Other Motorists: These are common and typically involve rear-end collisions or side impacts. Occupants of other vehicles often suffer the most severe injuries.
- Pedestrian Accidents: Students crossing the street or waiting at the bus stop can be at risk, especially if drivers fail to observe proper safety measures.
- Accidents Involving Bus Passengers: While less frequent, injuries can still occur among bus passengers, particularly during boarding or in the event of a crash.
What to Know About School Bus Accident Liability
When a school bus accident occurs, determining liability is essential. School bus accident liability can be complex, involving multiple parties. In general, liability may fall on the bus driver, the school district, or even a third party responsible for maintaining the bus.
Driver Liability
Bus drivers must follow strict safety protocols. Negligence, such as speeding or distracted driving, can lead to accidents. If a driver’s error causes an accident, they and their employer (typically the school district or a contracted bus company) may be held liable. For example, a driver’s failure to notice children crossing the street could result in a serious accident.
School District Liability
School districts may be liable if their actions contribute to an accident. Parents must file a notice of claim shortly after the incident, detailing how the school’s actions led to the accident, the child’s injuries and the compensation sought. If the claim is ignored or denied, legal action may proceed, although school districts may have additional protections under state law.
Maintenance and Defects
Proper bus maintenance is crucial. School districts and bus companies must adhere to strict standards for inspections and upkeep. If poor maintenance or defective parts contribute to an accident, liability may extend to the district, the bus company, or even the bus manufacturer.
Driver Liability in School Bus Accidents
Drivers must exercise extreme caution around school buses. Whether passing a stopped bus or waiting for children to board, vigilance is essential. Watch for children approaching from both the front and back of the bus, and be prepared to stop when red lights and stop arms are extended. Neglecting these protocols can result in severe legal consequences. If an accident occurs due to a driver’s failure to follow school bus safety laws, liability may be assigned to the driver or their employer, leading to legal claims for damages and penalties.
School Bus Accident Liability Lawyer
If dealing with the aftermath of a school bus accident injury in Miami, Panter, Panter & Sampedro can assist. Our team of Miami school liability lawyers are equipped to handle cases involving school bus accidents and related incidents. We understand the complexities of school liability and are dedicated to helping families pursue justice and compensation.
For more information on how we can assist, contact us for a free case review. Your child’s safety is our top priority, and we are here to ensure that you receive the support and compensation you deserve.
Sources:
https://injuryfacts.nsc.org/motor-vehicle/road-users/school-bus/
https://www.flhsmv.gov/safety-center/child-safety/school-bus-safety/
https://www.justia.com/child-safety/school-safety/school-bus-accidents/
https://www.findlaw.com/legalblogs/personal-injury/school-bus-accidents-what-you-need-to-know/
https://www.nbcmiami.com/news/local/school-bus-crash-in-miami-gardens/3300754/
https://www.miamiherald.com/news/state/florida/article284339414.html
