On April 22, 2022, a Ventura County school bus carrying 9 students and a coach rolled over into a ditch near Santa Paula. The bus was lying on its side off of Glanville Road when officers arrived on the scene.
The driver and two students were transported to the hospital for injuries. Ventura County police and fire officials are conducting investigations to determine the cause of the crash.
A school bus accident is every parent’s nightmare, considering the devastating injuries that can result when a bus crashes, flips, or rolls over. School bus accident rates actually went down in 2020 and 2021, according to the National Highway Traffic Safety Administration (NHTSA). The decline was most likely due to school closures during COVID. Now that schools have reopened full-time, the number of bus accidents, like the incident in Ventura County, is starting to go up. If your child or family member was injured in a school bus accident, you may be able to sue the responsible parties for monetary compensation. However, it can be challenging to determine liability in a school bus accident lawsuit.
Normandie Law Firm is here to guide you through this complicated process, and ensure that you and your child are fully compensated for your losses.
Injuries Associated with School Bus Accidents
The average school bus weighs 15,000 pounds, and that’s when it’s empty. When such a vehicle flips or rolls over, there can be serious injuries for all those on board, including death. Some of the most common school bus accident injuries include:
- Broken bones and fractures
- Traumatic brain injury (TBI)
- First to third degree burns
- Deep lacerations
- Scarring and disfigurement
- Neck and back injuries (whiplash)
- Spinal cord damage
- Soft tissues injuries
- Internal hemorrhaging
- Puncturing or rupturing of internal organs
- Loss of function or paralysis
- Severed limbs
- Death
Aside from physical injuries, your child may suffer from PSTD, anxiety, and other mental health issues as a result of the accident. It’s common for bus injury victims to have nightmares about the incident, or struggle to get into a vehicle for many years afterwards. This can be especially harmful to a minor, so it’s essential that you consult a licensed therapist if your child exhibits any signs of emotional trauma. Paying for such services can be very expensive, which is why we fight so hard on behalf of our clients.
Contact Normadie Law Firm and let us bring you the compensation needed for your child’s recovery.
Common Causes of School Bus Accidents
School bus accidents happen for a variety of reasons, and many of these problems can be traced back to the driver. However, mechanical defects with the bus can also lead to crashes and rollovers, especially in bad weather conditions. Here are some of the most common reasons for accidents involving California school buses:
- Speeding, running lights, and other forms of reckless driving.
- Driving while tired or distracted (by cellphones, for ex.).
- Insufficient training, especially for driving in bad weather or emergency situations.
- Drivers that ignore safety standards.
- Insufficient safety guidelines from the bus company.
- Mechanical defects or design flaws with the bus.
- Improper maintenance of the vehicle by the bus company.
We know from past cases that more than one of these issues may be responsible for a school bus accident. That’s why we fully investigate each and every accident before calculating the amount that we ask for on behalf of a client. The last thing we want is for a client to lose out on the funds they’re entitled to, especially when the accident has taken so much from them already.
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Bus Accident Liability Laws in California
In layman’s terms, liability is the state of being responsible for something. So if you’re filing an injury lawsuit, you would need to determine who is liable (responsible) for causing the accident. This can be especially challenging in school bus accidents, since liability may be shared by multiple parties.
For example, most school bus crashes and rollover are caused by the driver’s actions or lack of judgment. In such cases, the driver is certainly responsible for any of the resulting injuries. However, the driver is an employee of the school system or the bus company that is contracted with the school. Under the laws of premise liability, employers are responsible for their employee’s actions while they are performing their job duties. That means the school district or private company may be liable if their driver causes a bus accident. Bus companies can also be sued it they failed to properly maintain the bus, and that was the reason for the accident.
If the accident was caused by faulty parts or design flaws, the manufacturer can be held responsible for the injuries. Manufacturers have a legal duty to keep track of issues with their vehicles and recall them immediately if there are any reports of injuries or potential for injury. Additionally, they are responsible for issues they should have been aware of, like using lower quality parts to save money when they know that can increase the risk of injury in a bus crash.
Essentially, liability is a complex subject when it comes to bus injury lawsuits, especially against government or public entities, which include school districts. An attorney’s knowledge is necessary in these matters, and our law firm will be happy to guide you every step of the way.
Filing a School Bus Accident Injury Claim
The settlement process for a school bus accident is different than the procedures used for most personal injury claims. The most important difference is statute of limitations, which is the amount of time you have to file a lawsuit from the date of the accident or the date of death. In most cases, you have two years from either of those dates to file an injury lawsuit or wrongful death compensation claim. But for school bus accidents, the statute of limitations is shortened to 6 months. This is due to the special rules regarding lawsuits against government and public organizations.
The process actually starts with a claim notice that you would file with the responsible agency. That agency will get back to you with an acceptance or rejection of your claim. If you are denied, you have one year from the date of denial to file a lawsuit. We recommend working with an attorney right from the claims process to ensure that you include all the necessary information with the correct wording. Frankly, these agencies are looking for any excuse to avoid paying you, so it’s best to have an attorney file the claim on your behalf. We also know from experience that insurance companies do their utmost to deny liability and reject a claim on that basis. That forces the client to proceed with a lawsuit, and that’s when a lawyer’s experience really counts.
Compensation for School Bus Accident Victims
A school bus accident can result in many victims, including the students, the driver, and any school personnel on board. Then, there are the parents and family members of the victims, who will bear the financial burden of treatment and the emotional toll involved in watching their loved one’s suffering. That toll is especially harsh if their loved one died as a result of a school bus crash or rollover. The recovery from such a life-changing event comes with many costs, which must be covered by the responsible parties.
A school bus accident lawsuit includes the following damages:
- Medical costs, including hospitalization, surgery, medication, and physical therapy.
- Pain and suffering for physical and emotional pain resulting from the accident.
- Loss of enjoyment of life, i.e., losing the ability to do basic tasks or engage in activities you enjoyed before the accident.
- Lost wages/ income from job loss or time off from work.
There’s also a form of compensation known as punitive damages. This is not part of a standard settlement award, and is only given out in cases of gross negligence. Essentially, that means the liable party’s actions that caused your accident were extremely outrageous or negligent. Thus, they deserve to be punished by the courts in the form of additional payments. A lawyer with extensive experience in bus accidents can determine if your case meets the criteria for punitive damages, and how much you should ask for.
Wrongful Death Compensation Claim
The rules regarding wrongful death claims are somewhat different from a personal injury claim, since you are recovering the losses left behind by a loved one’s death. The 6-month statute of limitations applies here as well, except you would need to file a claim within 6 months of the date of death. Wrongful death claims typically include the following losses:
- Funeral / burial expenses
- Medical bills resulting from the decedent’s injuries
- Income, gifts, or benefits that were lost as a result of your loved one’s death
- Pain and suffering for grief, PSTD, depression and other emotional trauma.
There may be other damages you can request depending on the status of your relationship with the decedent. One of our lawyers can discuss these issues with you and ensure that you receive every type of compensation that is available to you. You should also retain a lawyer if you’re filing as a divorced or single parent, or as a sibling of a school bus accident victim. There are special rules regarding these types of lawsuits and it’s essential you discuss them with an attorney ahead of time.
Contact Normandie Law Firm and speak to a wrongful death claims attorney right away.
Our Lawyers are Here for You
We trust school districts and their employees with the safety of our children on a daily basis. Yes, accidents can happen, but school officials have an extra duty of care to prevent harm to the students they serve. When they or their employees are negligent in their duty, it is the children who pay the ultimate price.
As the parent, guardian, or relative of a bus accident victim, you may be concerned about the cost of legal representation. Let us put your mind at ease by telling you about our Zero fee guarantee. All our services, including your initial consultation, are absolutely free of charge. Our fees are paid only when we recover the compensation you’re entitled to. And if we lose your case, you pay us nothing at all. Frankly, the only risk is waiting too long to file a claim. Please give us a call and speak to a bus accident or wrongful death claims attorney.
