Schools have a responsibility to protect their students from harm. This includes transportation provided by the school so that students may get to and from class on a school day. Sometimes accidents happen and children are involved in an accident while riding the bus. When this happens who is to blame? The answer lies in who owns the bus.
Recently in Anaheim California, thirteen people were injured in a school bus crash when the driver lost control about 3:30 pm and tilted the bus into an embankment. The driver was trapped inside of the bus following the collision. Firefighters had to extract the driver from the bus.
Luckily there were no fatalities as a result of the accident. The injuries sustained by the 13 occupants of the bus were not disclosed. The cause of the accident was also not known.
All busses, whether maintained by the school or a private bus company, must meet federal and state standards in the maintenance of their bus fleet. It is their duty to perform preventative maintenance, inspect regularly and to perform daily pre-trip inspections to note and report any problems that may cause a mechanical breakdown.
The school or private bus company must also maintain good and accurate records of all these maintenances and inspections.
In the event an accident occurs and injures are sustained, an investigation will take place to determine if it was a driver or a mechanical failure that caused the accident and injuries. This is very important in establishing negligence and determining who is responsible to pay the claims of the people injured in the crash.
An experienced attorney knows the right questions to ask in an investigation to determine who is liable. Once negligence is established, a claim can be made against all the responsible parties.
If you have been injured in an accident, it is important to speak to someone that understands the laws that surround legal liability. Especially in complex cases where liable parties are not always transparent. You must be able to prove that someone was careless when they should not have been and because of their carelessness, you suffered an injury.
Hofland & Tomsheck has experienced litigators that understand complex cases and have successfully achieved results in establishing liability having compensation awarded to those injured by negligent parties. Call us today for a free evaluation of your claim.