Back-to-school is in full swing across the nation, and this could mean that injury lawyers receive more calls about school bus injury cases. School bus injury claims are different from car accident cases. It’s crucial to gather as much information early on when discussing school bus accidents and injuries.
The sheer number of parties involved in school bus cases makes them unique. Around 25 million students start and end their school day on a bus. According to the National Association of State Directors of Pupil Transportation Services, there are over 17 million traffic violations involving school buses each year. It means that 17 million children’s lives are put at risk each year by simply getting on or off a bus.
National Safety Council states that most children who die in bus accidents are aged between four and seven. Injury attorneys are well aware of the dangers a negligent driver poses. Children, particularly those younger than seven, often assume that a stop arm will protect them. School bus accidents involving pedestrians don’t always involve a car. Sometimes, a negligent bus driver can be to blame, hitting a child that they didn’t see.
Pedestrians may not be involved in all school bus injuries. Both motor vehicle and bus passengers can suffer serious injuries in collisions between motorists. No matter what the situation, all school bus accidents have something in common: a high number of victims, witnesses or both.
A single accident can affect a large number of people on a school bus. A pedestrian case where a vehicle violates a stop-arm on a school bus could have up to 70 witnesses in a single bus. Injury lawyers hired to handle a bus accident claim need to gather as much data as possible upfront. Do not hesitate to contact anyone who may have information about the accident. Secure any documentation as soon as possible. Each witness can have a different version of the events, especially if there are dozens of people who witnessed an accident.
It is likely that some witnesses are minors. This will be crucial when determining their credibility and getting permission from their guardians to talk with them. It will take a long time for you and your staff to gather all the information needed.
Determining fault in a case that involves a school bus, children and their parents can be a difficult task. Was the driver at fault? What was the fault of the other vehicles? The attorneys should also determine if criminal charges are likely to be filed. The law prohibits passing a school bus while the stop-arm is out. If someone is injured, the driver may be charged with serious crimes – possibly even felony murder in the case of a child’s death if the negligent driver ignored stop-arm. Attorneys can help families in these cases by looking at the victims’ rights within the criminal court system.
The number of school bus accidents is fortunately low. They represent a small percentage of all injury cases. While there are dangers for students on buses, they were designed with safety as a priority. According to National Highway Traffic Safety Administration less than 1% all traffic deaths involve children riding school transport vehicles.
These cases, though rare, are often fatal and involve severe injuries. If a pedestrian is hit by a car, they are likely to suffer serious injuries. It is particularly true for children who are struck by a vehicle as they exit a bus, or in a pedestrian crossing.
The National Safety Council has provided some tips for parents and guardians regarding the safety of school buses. These tips can be applied to any community.
- Avoid roughhousing and playing at the bus stops.
- As you prepare to board, pack away all electronic devices. When walking to or from the bus stop, or getting on or off of the bus, never use electronic devices or wear earbuds.
- Keep the aisles of the bus free from bags, books, etc.
- Avoid distracting the driver of the bus.
- When boarding or alighting the bus, use the handrail.
- Cross only when the driver says it is safe.
Remember to include drivers in your advice, since they share the same responsibility for keeping children safe. Slow down and be extra vigilant on the road when children are around, especially before or after school. Drivers should maintain a larger following distance when driving behind a school bus than they would behind a vehicle. In addition, in all 50 US states it is illegal to pass a bus stopped to load or discharge children. The National Safety Council offers these tips for drivers:
- If you are on a road that is not divided, and the bus has stopped to load or discharge children, never pass behind or in either direction.
- Traffic must stop if the yellow or the red light is flashing, and a bus stop arm has been extended.
- Children are most at risk in the 10 foot radius around a bus. Stop far enough away to give them room to enter and leave the bus safely.
- Children are unpredictable and can take risks and ignore dangers.
- Avoid blocking the crosswalk if you are waiting at a stop light or a turning. It forces pedestrians around you and could force them into the path of moving vehicles.
- When flashers blink in a school zone stop and yield pedestrians crossing at the intersection or crosswalk.
- Stop at the stop sign if you see a crossing guard or school patrol holding it.
- Be extra vigilant in residential areas, playgrounds, schools, and other places where children may be present.
- Even if you are in the right-of-way, don’t honk your horn or rev up your engine just to scare pedestrians.
- Never pass a car that has stopped to let pedestrians cross the road.
- Avoid hitting pedestrians, regardless of who has the right-of-way.
Drivers not paying attention is a leading cause of injuries accidents at crosswalks and school buses. It is alarming how many people are looking at their phones while driving. The number one thing I recommend to attorneys is that they spread the word about the dangers associated with distracted driving. Encourage the community to put down their phones, pay attention and watch out for children. We will fight for those who break the law and don’t obey.
The article Early information is vital in school bus injury-related cases first appeared on Attorney At Law Magazine.