If you are involved in a motor vehicle accident while driving in California, you may be entitled to compensation and other forms of relief. However, special rules may apply if the accident involved a school bus. In such a scenario, it may be harder to determine who is liable as school districts and motorists may be held to different standards compared to a typical accident case.
Who May Be Liable for Damages?
There are several parties who may be held liable for damages including the school district, the bus driver and the company that owned the bus in question. You may also be held partially or wholly liable for your own actions that led to the accident.
Generally speaking, school districts have a duty of care to ensure that the buses under their control are safe and properly maintained. This is generally true whether they own the buses outright or delegate transportation to a private company. However, if a private company owns and operates a district's buses, that firm can also be named as a defendant in a lawsuit.
An Overview of Enhanced Liability
In a wreck involving a school bus, enhanced liability laws aim to ensure that a bus driver, school district or other government agency can be held liable for its actions. Enhanced liability laws are also designed to ensure the rights of minors are preserved both now and when they reach the age at which they can take legal action on their own.
Proving Liability in an Accident Case
Proving liability in an accident case involving a school bus is similar to doing so in any other case. You'll need to show that other parties in the case had a duty of care toward you, that this duty was breached and that the breach was the proximate cause of a financial loss.
In California, bus drivers have a duty of care to ensure that kids get home safely. They also have a duty of care to ensure that they avoid accidents caused by their own negligence.
For instance, they are not allowed to drive faster than a posted speed limit, drive while impaired or drive while distracted. If they take actions that could be seen as negligent, they may be liable for causing a wreck.
School districts also have a duty of care to ensure that all buses are maintained and that drivers are thoroughly vetted. Private firms can be liable if they fail to maintain their buses or hire drivers who pose risks to students or other motorists.
Special Rules to Consider When Approaching a School Bus
Perhaps the biggest rule to consider when interacting with a school bus is that they have the ability to create temporary stopping conditions. When a bus stops, you'll likely notice flashing lights and a physical stop sign extend from it.
At this point, you are required to stop even if you otherwise wouldn't be required to do so. This includes cars traveling in both directions on a two-lane road without a median or a two-lane road with a center turn lane. This is to ensure that a student can cross the street safely or otherwise get on or off a bus without having to worry about traffic.
If you fail to stop, you may be fined and could be liable for any accident caused because of your actions. For instance, if you hit a student, you'll likely be liable for anything that happens to the minor victim. If you cause a bus driver to swerve, hit the brakes or take other sudden actions to avoid your vehicle, you'll also likely be liable for the wreck.
Another issue to consider is the amount of time that you'll have to file a personal injury claim. Typically, California law gives accident victims up to two years to file a claim. However, if the case involves a school district, the timeline might be reduced. Your attorney can review the law in your case and take action to preserve your rights.
What to Do After an Accident
After an accident occurs, a bus driver is required to stop at the scene and request emergency assistance. Furthermore, a bus driver is generally required to report the accident to the school district regardless of whether the bus is operated by the district or by another party.
You should also remain at the scene to render assistance if you're able to do so. This typically means calling the police or for an ambulance. The police will compile a report that will likely contain the bus driver's statement, insurance information and other details.
It's a good idea to collect photo, video or other evidence at the scene yourself. Your insurance company will likely want you to make a statement as well as part of the claims process. Within 24 hours of the crash, you should seek medical attention in an effort to create a paper trail that can be used during legal proceedings.
What Types of Compensation May Be Available?
In a bus accident case, you may be entitled to compensation for lost wages and medical bills. Compensation for lost future earnings, pain and suffering and other damages may also be available depending on the facts in your case.
If you are involved in an accident involving a school bus, you should call for help and seek medical attention as quickly as possible. Afterward, you are encouraged to contact an attorney who understands school bus accident law and may be able to use that knowledge to preserve your rights.
