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Home Law

Who Can Be Liable When a Child is Injured on a School Bus?

by Ethan
September 1, 2022
in Law
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Who Can Be Liable When a Child is Injured on a School Bus?
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Parents choose school buses to send their children to school safely. However, a lot of times, accidents take place, and the children inside the bus get injured by the collision. If your child has been hurt because of a school bus accident, make sure to seek legal help to seek compensation and justice for your child. Check out this link for more information https://tetonattorney.com/cheyenne-car-accident-lawyer/

Table of Contents

  • Possible Liable Parties
  • Is it possible to sue the school?
  • Suing Private Schools

Possible Liable Parties

School bus accidents may be caused by multiple people, including the bus driver. The other parties who may be involved in the accident are as follows:

  • Other motorists on the road who may have contributed to the accident
  • The school district
  • The bus company
  • The manufacturer of the bus
  • The maintenance company of the bus

Is it possible to sue the school?

If your child studies on a government school bus, you cannot sue them or their workers without the state’s permission. This is because school districts come under the government as the government entities are immune to frivolous lawsuits. This immunity is known as sovereign immunity.

In some cases, the sovereign immunity is waived, and the victims are allowed to file a lawsuit against the state school. These exceptions are permitted in cases of grave negligence. Some common instances where the immunity is waived are as follows.

  • If a school worker purposely harms the child
  • If a school worker sexually discriminates against the child
  • If the child is bullied
  • If the child is injured in a school vehicle

Suing Private Schools

The laws are not the same for non-governmental schools. If your child gets injured while riding the school bus, you are entitled to sue the school. However, if the school is federally funded, there may be certain issues in the process. The process of suing will be dependent on the situation.

If your child is a victim of a school bus accident and gets injured, you can take the following actions against the private school:

  • Filing a personal injury claim with the school’s insurance company
  • Filing a lawsuit for negligent conduct
  • Suing the school for breach of contract
  • Filing a claim against the at-fault driver’s insurance policy

It is crucial to remember that the process of filing a lawsuit has certain limits under which you are required to file the claim. These limitations make it necessary to file a claim within two years of the crash, or the claim will not be considered.

Tags: Injured on a School Bus
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