A Legal Perspective of School Bus Accidents: Who Can Be Held Responsible?

Given the hectic schedule of many parents, it’s scarcely possible to drop one’s child off to school every day and pick them up. A school bus is a convenient modern invention that pools children for back-and-forth commutes. 

Other reasons for choosing a school bus include socialization and safety. The National Safety Council (NSC) states that an estimated 484,177 school buses dropped and picked up children from schools between 2022 and 2023. That accounts for nearly 21 million children riding school buses on a daily basis. 

Though school buses are generally a safe affair, there are always exceptions involved. One major risk associated with these modes of transport is that of an accident. When an incident occurs, who is to take the blame? This article will shed light on the legal perspective of a school bus accident that parents must be aware of. 

How Common Are School Bus Accidents?

School bus accidents across the US are indeed pretty rare. Even rarer are the chances of fatality from such incidents. Nevertheless, such incidents do take place, and when they do, parents must take proper legal recourse. 

In 2022, around 104 people were killed in a school bus accident. Data collected between 2013 and 2022 shows that it is usually the occupants of other vehicles, cyclists, or pedestrians who suffer severe injuries or death. All in all, nearly 5% of the deaths have involved occupants of the school bus. 

A case in point would be a recent incident that occurred in Edwardsville, Illinois. The crash was a multi-vehicle accident involving a school bus, occurring near Route 159 at Tranquility Ridge Road. 

Out of the two passenger vehicles involved in the crash, one reported its occupants suffering severe injuries. The school bus was fully occupied but no one suffered any injuries. A thorough investigation is being conducted to understand the accident in depth. 

What Are the Usual Reasons Behind These Accidents?

Now, the main question that arises is what generally causes school bus accidents. Let’s look at the common reasons in detail. 

• Negligence continues to remain the top reason for school bus accidents. This is usually due to an error on the driver’s part. They may be overworked and fatigued while driving. The driver may drive the vehicle at unsafe speeds or fail to yield the right of way to other drivers. 
• Another cause can be any defects associated with the school bus or other passenger vehicles. This may be a manufacturing defect if the vehicle is new or a lack of maintenance. 
• A third common cause is the weather. Inclement weather in the form of snow, hail, and rainfall makes the roads extremely slippery and reduces visibility. The driver may find it difficult to control the vehicle, thereby swerving into neighboring lanes. 
• In some cases, the crash may be the result of a failure to maintain blind spots or not maintaining proper load or weight inside the bus. 

According to TorHoerman Law, such accidents often raise questions about the safety protocols and the district’s liability. This is something we will discuss in depth in the following section. 

Legal Responsibility Based on the Causes 

The main question of the hour is who will bear the legal responsibility in case of a school bus accident. This would depend entirely on a case’s unique circumstances. Let’s first use our example mentioned previously. 

This is a bit of a tricky case because none of the children were injured. Had any been, the respective parents could have filed a lawsuit against the driver, school, or district with the help of an Edwardsville personal injury lawyer. 

Since there has been no significant damage to the property or the children, a civil lawsuit may not hold up in court. The scenario is different for the passenger vehicles where occupants suffered severe injuries. It will still depend on the investigation and which driver is found to be at fault. 

In any case, only an experienced attorney can provide a concrete and correct answer. Now, let’s shift our focus to general cases. Listed below are the different scenarios and the legal responsibility in each. 

• If the accident was clearly due to the bus driver’s negligence, the driver will definitely be held responsible. Even the school can be held vicariously liable on the driver’s behalf. 
• In case the school sources its buses from a specific bus company, the owner will also be held liable. This is because they bear the duty of ensuring every child enjoys a safe commute. 
• The bus company will also be held responsible if any inherent manufacturing defects are causing the crash. In case the accident occurred due to a lack of maintenance, the school can share in the liability. 

Obtaining Fair Compensation 

If a child has suffered bodily injuries in a school bus accident, what can their family recover legally? The idea behind fair compensation is to extend an amount tantamount to the damages suffered. Hence, the exact amount will depend entirely on an accident’s unique circumstances and injuries experienced. 

Parents of injured children can receive compensation for punitive damages, medical bills, trauma, and lost wages (if they had to take time off from work). The personal injury attorney will look closely into the matter to build a strong case. 

As per Traffic Safety Marketing, school buses are still one of the safest means of transport for children. This does not mean fatalities or injuries have never been reported, but they’re quite rare. In any case, parents must know the necessary legal recourse should such an accident occur so they can receive the required support.