Discover What to Do if Your Child is Injured in a School Bus Accident in California
A study by the National Highway Traffic Safety Administration has shown that riding a school bus is the safest way for a child to get to school. This is due to numerous reasons, including the fact that school buses and their drivers are very heavily regulated. That said, school bus accidents do happen. The same study found that the average number of fatal school bus accidents each year is four to six.
Of course, this does not even cover the non-fatal injuries that can potentially be serious and life-changing. If your child has been involved in a school bus accident in California, we welcome you to keep reading to find out what your options are. Then contact Law Offices of Fernando D. Vargas at 877-982-0707 for a free legal consultation.
Who is Liable for a School Bus Accident?
There are many parties that could potentially be liable for providing compensation for any injuries. If the accident was the result of the bus driver’s negligence, then the driver and / or their employer may be responsible. If the accident was the result of a defective part on the bus then the manufacturer may be at fault. In the event that the accident was caused by another driver on the road, then that driver may be liable. Your personal injury attorney can help you determine who is at fault.
How to Take Legal Action Against a School District
In most school districts, the buses are owned and operated by district employees. This means that the school district could end up being liable if the accident was caused by the negligence of the bus driver. Note that the school district is a government entity, which means that there are unique rules that cover this type of personal injury case.
Sovereign immunity is a legal doctrine that protects government entitles from most civil liability actions but not all. If an injury is caused by a government employee (in this example, a school bus driver) then the immunity is likely waived.
Filing claims against a legal entity involves first serving a notice of intent to sue to the state attorney general. They then have a period of time to review said notice and respond. If they believe that the school district is protected by sovereign immunity then that is the end of the lawsuit. If they decide that it can be waived, then your lawsuit can proceed.
While you have two years from the date of the accident to file the claim itself, you only have six months to file your notice to file. These laws can be complex, confusing, and difficult to follow. That is why it is always best to work with an experienced personal injury attorney who knows the ins and outs of these specialized cases. You can contact Law Offices of Fernando D. Vargas today at 877-982-0707 for a free legal consultation.