One of the most terrible things that this lawyers for wrongful death cases says one could possibly experience as a parent is that of your child enduring an auto accident, especially without you present. Matters could be a lot worse if that particular auto accident involved a school bus. School bus accidents can be incredibly dangerous. Depending on the circumstances, they may inflict severe injuries upon your child, as well as psychological damage. If your child has been injured as a result of a school bus accident, it is critical to know your rights in order to pursue legal action against the parties responsible.
Determining Liability in School Bus Accidents
When you discover that your child was injured in a school bus accident, you must exercise your rights immediately. These rights include:
- The right to pursue legal action against the negligent party.
- The right to legal assistance in the filing of your lawsuit.
- The right to receive compensation for all expenses incurred from your child’s medical needs, as well as any other accident-related costs.
As you exercise your rights by filing a lawsuit, one of the foremost responsibilities you will have is the burden of proof. Your case must demonstrate that the bus driver was not only at fault but also had a duty of care to provide your child with a safe trip to school, and failed to do so. Further, your documentation must also show that this failure to uphold their duty of care was the direct cause of your child’s injuries. Gathering this documentation is essential, so you will need to speak to your lawyer about this and see how this can be done. You can Visit GJEL.com for more information on personal injury lawyers as well as see how you can be supported during this time, or you can speak to a local lawyer about evidence gathering.
When americans filing personal injury case in Canada one of the trickiest parts about filing a claim for a school bus accident is determining who was at fault for the incident. This may not always be straightforward, especially if the bus is discovered to have been in poor condition at the time of the crash. Further, the bus driver may not necessarily have been doing anything wrong, per se, but if they are found to have been consciously driving in poor physical condition, then they can be held accountable for child endangerment.
Such was the case for a bus driver in 2015, who neglected to disclose a medical condition that not only endangered his life but the children in his vessel. The condition caused him to pass out while operating the vehicle. In this case, this driver would be solely responsible for the injuries that four children experienced. There have also been cases of bus drivers driving recklessly, even intoxicated, with passengers on board. In all such instances, the driver alone would be held responsible for your child’s injuries.
However, not all bus accidents are as straightforward. Some incidents, according to motorcycle accident lawyers are caused not by a specific individual, but a systemic failure to properly maintain the vehicles or adverse weather events. In any case, it is your right to file a legal claim to recover the funds for all damages incurred.
Rules to Be Aware of When Filing a Claim for a School Bus Accident
When filing your claim for a school bus accident in which your child was injured, be aware of the laws presiding in your state, such as the statute of limitations and any monetary caps on compensation. These laws can slightly differ between municipalities and states, so you must be careful when initiating your lawsuit to ensure you maintain compliance. Consult with your lawyer to appropriately navigate the local legislation and ensure your child experiences the recovery they deserve.