Studies conducted by the National Highway Traffic Safety Administration concluded that there is a substantial risk of injury or death for children at bus stops.
According to the study, between 2006 and 2015, there have been 1,313 people killed in school transportation-related crashes, which averages to nearly 131 fatalities per year. 20% of these fatalities were nonoccupants such as child pedestrians.
In total for the years studied, 102 school-aged children pedestrians died as a result of a school-transportation-related crash, either waiting for a bus stop, entering or exiting a school bus.
The last week of October highlighted this incredible risk as there were five recorded fatalities as well as seven other children injured incidents waiting at school bus stops.
As we see in the data collected, over 64% of these fatal accidents were caused by school buses or vehicles functioning as school buses while the remaining 36% of fatal accidents were caused by other types of vehicles such as passenger vehicles.
What Should I Do If My Child Was Hurt In A Car Accident At A Bus Stop?
Clearly, the first thing you should do is seek immediate medical attention for your child to ensure that they are receiving the best possible care. After their heath has been cared for, it is important that you reach out to an experienced injury lawyer to help determine if you have a case and if you will likely be compensated for your child’s injuries.
My Child Was Hit By A School Bus. Can I Sue The School For Injuring My Child?
As we talked about previously, filing a lawsuit against a Texas public school for your child’s injury is notoriously difficult due to an old legal concept called “sovereign immunity” which helps shield government entities such as public schools from being sued for their negligence.
However, there ARE exceptions to get around “sovereign immunity” which, according to Texas state law, include any accidents involving school vehicles such as school buses or ANY mode of transportation sanctioned by the school.
Here is the word-for-word text of the personal injury law (emphasis added):
A governmental unit in the state is liable for:
(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:
(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and
(B) the employee would be personally liable to the claimant according to Texas law; and
(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.
Tex. Civ. Prac. & Rem. Code § 101.021.
To answer the question, YES you can bring a personal injury claim against the school if your child was injured or killed in a school bus accident.
Call The McAllen, Texas School Bus Accident Lawyers At Moore Law Firm Today!
If your child was involved in a school bus accident while riding the school bus or waiting at the school bus stop, call the experienced McAllen injury attorneys at Moore Law Firm today for a FAST and FREE consultation today!