What to Do If Your Child Is Injured in a School Bus Accident

School buses are considered one of the safest modes of transportation for children, but accidents do happen. Whether due to driver negligence, poor maintenance, or hazardous road conditions, school bus crashes can cause serious injuries to young passengers. When a child is injured in a school bus accident, parents must act quickly to ensure their child receives proper medical care and to understand their legal options for seeking compensation.

In Florida, school bus accidents present unique legal challenges, especially when public school buses are involved. Our West Palm Beach child injury lawyers discuss the steps parents should take after a school bus accident, the legal process for pursuing a claim, and how liability is determined.

Step 1: Seek Immediate Medical Attention

The health and safety of your child should be the top priority after a school bus accident. Even if your child appears uninjured, some injuries—such as concussions, internal bleeding, or whiplash—may not show symptoms right away.

What to Do Right Away:

• Request medical evaluation at the scene if paramedics are present.
• Take your child to the doctor or emergency room for a thorough examination.
• Monitor for delayed symptoms, such as headaches, dizziness, or behavioral changes.

A medical report will be crucial if you need to file a legal claim later. It documents the extent of your child’s injuries and establishes a link between the accident and medical treatment.

Step 2: Gather Information About the Bus Accident

Understanding what caused the accident is essential to determining who is responsible. If possible, try to collect the following information:

• The school bus number and driver’s name
• The location, date, and time of the accident
• A copy of the police report (filed by law enforcement officers)
• Names and contact information of witnesses, including other parents, students, and bystanders
• Photos or videos of the accident scene, bus damage, and any visible injuries

If your child is too young to recall details, witnesses and official reports can help fill in the gaps.

Step 3: Determine Who Is Liable for the School Bus Accident

Liability in school bus accidents can be complex because multiple parties may be responsible. Depending on the circumstances, one or more of the following may be held accountable for your child’s injuries:

1. The School District or Government Entity

If the accident involved a public school bus, the school district or local government may bear responsibility for the crash. One key area of liability is negligent hiring or inadequate training of the school bus driver. If a district hires a driver without properly vetting their background, verifying their commercial driver’s license, or ensuring they meet the necessary safety standards, they could be held accountable for placing unqualified personnel behind the wheel. Additionally, failure to provide proper training on defensive driving, handling emergencies, and student safety protocols can make the school district liable if driver error contributed to the crash.

Another major factor is the failure to maintain the school bus, which can lead to dangerous mechanical failures. School buses require regular inspections and maintenance to ensure that critical components, such as brakes, tires, and steering systems, are in proper working order. If a school district delays or neglects routine maintenance, it can create hazardous conditions that increase the likelihood of an accident. For example, a brake failure or tire blowout could result in a loss of control, putting children’s lives at risk.

Public entities are generally protected by sovereign immunity, but under Florida Statute § 768.28, they can still be held liable for negligence. However, damage caps and special claim procedures apply when suing a government entity.

2. The School Bus Driver

If the bus driver was speeding, distracted, or failed to follow traffic laws, they may be personally liable for the crash. However, since most school bus drivers are employees, the school district or private bus company would also be legally responsible for the driver’s negligence.

4. Another Driver

If another driver hit the school bus, that driver may be responsible for your child’s injuries. However, proving the other driver’s fault may require witness statements, traffic camera footage, or accident reconstruction experts.

5. The Bus Manufacturer or Maintenance Provider

If the accident was caused by a mechanical failure, such as brake malfunctions or tire blowouts, liability could fall on:

• The manufacturer (if the bus had a defective part).
• The maintenance provider (if improper repairs led to the failure).

Understanding who is liable is critical to pursuing all avenues for compensation.

Step 4: File a Legal Claim for Compensation

If your child was injured in a school bus accident, you may be entitled to compensation for medical expenses, pain and suffering, and long-term care needs. However, the legal process depends on who is at fault.

Filing a Claim Against a Public School District

If a public school bus was involved, parents must:

• File a formal claim with the school district or government agency before pursuing a lawsuit.
• Adhere to strict deadlines—Florida law provides different deadline for government agencies.
• Be aware of damage caps—Florida limits compensation to $200,000 per person and $300,000 per incident for claims against government agencies.

Step 5: Protect Your Child’s Rights and Future

Injuries from school bus accidents can have long-term effects on a child’s health and well-being. Parents should:

• Follow all medical recommendations and attend physical therapy if needed.
• Document medical bills and any out-of-pocket expenses related to the accident.
• Monitor for emotional trauma, such as anxiety or PTSD, which may require counseling.
• Consult an attorney to ensure your child’s legal rights are protected.

Contact Smith, Ball, Báez & Prather

A school bus accident can be a terrifying experience for both children and parents. Knowing what steps to take—seeking medical care, gathering evidence, and determining liability—can make all the difference in protecting your child’s health and legal rights.

If your child was injured in a school bus accident, you may be entitled to compensation for medical bills, pain and suffering, and long-term care. However, these cases can be legally complex, especially when public school districts and government agencies are involved. Seeking legal representation ensures that your child receives the justice and compensation they deserve.

If your child was injured in a school bus accident in Florida, the legal team at Smith, Ball, Báez & Prather is here to help. We have extensive experience handling complex injury claims involving school buses, government entities, and private transportation companies.

Contact us today for a free consultation to discuss your case and explore your legal options.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html