Why Do School Bus Accidents Happen?

School buses are commonly regarded as the safest motor vehicles on the road today. The National Highway Traffic Safety Administration (NHTSA) claims that children are 70 times safer riding the school bus than they are riding any other motor vehicle to school. Despite these safety levels, school bus crashes still happen. It is worth noting, however, that the majority of school bus collisions occur not because of negligent school bus drivers but rather because of other motorists. Statistics show that it is rare for bus drivers to cause an accident that injures a child. In fact, most school bus accidents result in injuries to other motorists or pedestrians, not to the children who ride the buses.

According to the Department of Transportation, there are an estimated 500 school bus accidents annually.

Common causes of school bus accidents in Louisiana include:

  • Bus company negligence.
  • Dangerous left turns into oncoming traffic.
  • Dangerous weather conditions.
  • Distracted driving.
  • Driver fatigue and drowsy driving.
  • Driving under the influence of drugs.
  • Drunk driving.
  • Hours of service violations.
  • Inadequate bus maintenance.
  • Insufficient hiring or training practices.
  • Issues with weight distribution.
  • Poor motor vehicle handling in tight urban areas.
  • Poor road conditions.
  • Reckless or aggressive driving.
  • Road construction defects.
  • School bus defects.
  • School bus driver negligence.
  • Speeding.
  • Texting while driving.
  • Third-party negligence.
  • Traffic law violations.

What Safety Standards Do School Bus Drivers Follow?

School bus drivers must follow laws set by the Federal Motor Carrier Safety Regulations (FMCSR) as well as Louisiana’s state regulations and regulations from local municipalities. The federal laws alone are extremely strict, as bus drivers are in control of very powerful motor vehicles capable of causing serious injuries or even wrongful death. ‘Extreme caution’ is required when driving a commercial motor vehicle during dangerous conditions. Hazardous conditions include any instances of roadway visibility or traction being impacted by snow, rain, ice, fog, dust, smoke, or other natural or unnatural occurrences.

Under federal law, employers that hire school bus drivers must adequately screen all drivers and train them for their duties. This may include drug screening programs and more.

Who is Liable for a School Bus Accident?

When the school bus driver’s negligence causes a bus collision, the bus driver is held legally responsible. Under the legal doctrine of ‘respondeat superior,’ the personal injury victim may also hold a company responsible for traffic accidents caused by their employees while operating motor vehicles within the scope of their employment. This means that it is possible for the school district or bus driving company that contracted with the school district to potentially be held liable in instances where their employees or their motor vehicles contributed to a motor vehicle accident.

It is also possible to hold bus manufacturers or maintenance and repair companies liable for damages if they fail to construct or inspect a functioning motor vehicle properly. If defects lead to a traffic accident, these parties may be held financially responsible.

It is possible, even likely, that other motorists caused the school bus accident. In such cases, injured parties and their representatives can seek compensation for any injuries and losses by holding these liable parties responsible. The majority of school bus accidents occur thanks to the negligence of other motorists on the road. However, some school bus crashes are caused by negligence by a bus driver or negligence on behalf of the school bus company. In either case, the negligent drivers and/or the bus companies may be held liable for causing the school bus crash and be responsible for providing financial compensation for any resulting damages or other losses.

What is Pure Comparative Negligence?

Under Louisiana’s pure comparative negligence laws (also referred to as pure comparative fault laws), multiple parties can be held responsible for causing a motor vehicle accident. It is even possible for the victim of the bus accident to be held partially responsible.

When the fault is compared, multiple parties may be held negligent for causing a motor vehicle accident. One party may hold, for example, 70% responsibility for causing a traffic accident. The percentage of negligence impacts how much the party stands to recover or may be financially responsible for in the accident.

Suppose you or a loved one are being held partially responsible for causing a motor vehicle accident. In that case, you must seek professional legal representation to help defend your personal injury claim. With strong legal representation, it is possible to limit your vulnerabilities to a personal injury lawsuit and help you recover the compensation you deserve. Our law firm has years of experience representing complex personal injury cases, including those involving bus accidents, and we would be proud to represent your legal rights in these matters.

What Sort of Damages Could Be Recovered with a Personal Injury Lawsuit?

With a successful personal injury case, it is possible to recover both economic and non-economic damages. These damages can go a long way to helping you with any of the financial burdens resulting from the school bus crash.

Economic damages may include:

  • Past medical bills and future medical expenses.
  • Physical therapy expenses.
  • Lost wages and lost income earning capacity.
  • Property damage.
  • Funeral, memorial, and burial expenses in the event of a fatal accident.

Non-economic damages may include the following:

  • Disability, disfigurement, or dismemberment.
  • Lost quality of life.
  • Emotional distress.
  • The pain and suffering.
  • Mental anguish.
  • Wrongful death.

Schedule a Free Case Review Today

School bus accidents are rare, but they do happen. When you or a loved one is injured in a school bus collision, it is necessary to take appropriate legal action to ensure that you recover the fair settlement you deserve in order to help you contend with costly medical bills and other expenses.

A school bus accident case can be more complicated than most motor vehicle accident cases because of the number of liable parties potentially involved. It is highly recommended that you seek professional legal counsel for your bus accident case today.

Schedule a free case evaluation with our law firm to discuss your legal matters in more detail today. You may contact us at (225) 240-4053.