If you are a parent, the safety of your children must be your top concern, especially when they are traveling to and from school. School buses are designed with kids’ safety in mind, but accidents still do happen. School bus accidents are less common than car accidents in California, but they may have severe effects on children.
In an accident, the impact is not just physical but mental and emotional as well. Such incidents can lead to lifelong trauma, medical treatments, therapy, etc. This is why it is important for parents to understand their legal rights. In California, parents have the right to hold the party accountable that has hurt their child. This may include various parties.
Some potentially liable parties include the bus driver, the school district, the school bus company, and other drivers involved in the accident. The state follows a comparative fault law, meaning you can get compensation even if your child was partially at fault. Consult with an attorney from the Oaks Law Firm to pursue a successful claim.
What is liability and negligence under California law?
In the case of school bus accidents, negligence occurs when one fails to take the measures that would provide adequate safety to the children traveling on the bus. The driver may be engaged in negligent behavior, such as reckless driving, distracted driving, or not following traffic laws.
On the other hand, liability is when someone is held responsible for the bus accident. In a bus accident, there are various possible liable parties. This includes the bus driver, the school district, and even vehicle manufacturers. The school district could also be liable if they failed to maintain the bus or adequately train the driver properly.
What are the parents’ legal rights?
If you are a parent whose child has been hurt in a bus accident in California, you have several rights under the state law. These include the following:
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Right to seek medical care.
If your child is injured in a bus accident, you have the right to seek medical care for them. This ensures the child’s health is prioritized. Medical records are also important because they serve as evidence in personal injury claims.
2. Right to file a personal injury claim.
If your child is injured, you have the right to file a personal injury claim. You can recover compensation for medical expenses, pain and suffering, emotional distress, and other damages. This process involves gathering evidence, documenting injuries, and filing the claim within the deadline (statute of limitations).
3. Right to determine liability.
You have the right to find out who was responsible for the accident. Multiple parties may be held liable, such as the bus driver, the school district, the bus company, or a third-party maintenance provider. Driver error, mechanical failures, or inadequate training are some of the common reasons for an accident.
4. Right to file a claim against negligent parties.
Once you find out which party was responsible for your child’s accident and injuries, you can file a claim against them. This may be one single or multiple parties. It must be established in court through solid evidence that the said party did not make the standard safety measures. The legal process can be complex, especially if the liable party is a government entity.
5. Right to recover compensation.
Finally, and perhaps the most important, parents have the right to seek compensation on behalf of their injured child. You can work with an attorney and find evidence that supports that the negligent party’s actions directly caused your child’s injuries. You can recover the medical expenses, loss of quality of life, etc.
Was your child injured in an accident?
Finding out that your child was injured in a school bus accident can be heart-wrenching. Hire an attorney in California today to protect your and your child’s future.
