Speak to a Los Angeles Child Injury Attorney
Unfortunately, school bus accidents do happen and they are not completely unavoidable. This makes it scary worrisome for parents and their children. If your child was a victim in a school bus accident, you may be wondering who is liable for his or her injuries. In this article, you will learn about the many different circumstances that can arise in a school bus accident and how liability is determined for your child’s injuries.
Determining Liability in a Bus Accident
A child injury lawyer Los Angeles who specializes in school bus accidents, such as our team at Gutierrez Law Firm, will be able to help you determine who will be held liable for the injuries that your child sustained in the school bus accident. There are several different factors that need to be accounted for, which start with how the accident happened. There will be officers, lawyers, and insurance adjusters that will closely investigate the accident to identify the responsible parties.
Here are some of the factors that will be addressed:
- Where and when did the accident occur?
- Were other vehicles involved?
- Were drugs and/or alcohol involved?
- Were safety precautions followed?
- Were there maintenance issues with the bus?
By working closely with a Los Angeles child injury attorney, we will be able to examine each and every one of the factors mentioned above. In fact, we will go above and beyond to make sure that every piece of evidence involved in the accident is recovered so it can strengthen your case. By working with an attorney, this is the most effective way you and your child can obtain compensation for his or her injuries. No one deserves to deal with the repercussions alone, especially when the victim is completely innocent.
School’s Liability in the Accident
It is important for parents to know that schools have a duty of care that must be followed when children are under their supervision throughout the school day. This duty of care obligation also applied to transportation to and from school, on school-sanctioned trips, on the school bus, etc. Certain schools must do the following:
- Provide safe transportation for students
- Abide by state laws regarding student transportation
- Make sure the buses are adequately maintained and properly inspected to ensure nothing is wrong with the bus that can cause an accident
- Make sure that fire extinguishers and other safety measures are in working order
- Make sure buses accommodate all students, including students with disabilities who may need additional help
- Make sure that bus drivers are adequately trained and do not pose a danger to the students
Bus Company’s Liability in an Accident
Sometimes schools may outsource busing services to a third party bus company, which makes the third party company responsible for taking care of the children during their time on the bus. However, it is the school’s responsibility to ensure that rules are enforced by the bus company to make sure the students are safe. If the bus company has an employee who practices unsafe driving behavior, such as driving under the influence, distracted driving, or other unsafe behaviors, then the bus company can be held liable for its employee.
Other Parties That Can Be Held Liable
There are several other parties that can be held liable for causing injuries to students, such as:
- Bus and part manufacturers: if a bus or part manufacturer delivered a defective product, the manufacturer can be held liable.
- Other drivers: If another negligent driver caused the accident, he or she can be held liable.
- Municipalities and private property owners: If the road conditions were unsafe and caused an accident, it is the municipality or private property owner’s responsibility to maintain safe roads.
- Pharmaceutical manufacturers: If a drug company fails to disclose a harmful side effect, and the side effect results in an accident due to the bus driver’s doing, the drug company can be held liable.
Contact a Child Injury Lawyer Los Angeles
If your child was injured in a school bus accident, don’t hesitate to reach out to our team at Gutierrez Law Firm. We will get you the legal justice and compensation your child deserves to pay for his or her injuries. Call today to speak to a personal injury lawyer Los Angeles.