Who Is at Fault in a School Bus Accident in New York?

When a child travels to school, no one expects tragedy to strike. However, sadly, the unthinkable can sometimes happen. If a child is injured in a school bus, it is important for parents to know who is liable for their medical expenses.

Although New York is a no-fault state, the victims of a school bus accident can still pursue compensation for their injuries. 

In this article, we provide a comprehensive overview of who is at fault for school bus accidents in the state of New York. 

What Is Considered Negligence in a School Bus Accident?

Negligence in a school bus accident refers to an individual or entity's failure to exercise reasonable care, leading to injuries or fatalities. 

For example, a bus driver could be considered negligent if he or she drives while distracted, speeds, ignores traffic laws, or takes off before a child is safely in the vehicle.

Proving negligence is the cornerstone of any personal injury claim, and retaining the services of an experienced school bus accident lawyer is often a logical first step in a personal injury claim. They can also assist with who is at fault in a brake failure accident NY.

Who Could Be Held Liable in a School Bus Accident Case? A Guide to Liability in New York

There are a number of parties that could be at fault in a school bus accident case. 

The School Bus Driver 

As mentioned already in the example above, bus drivers can be held liable if their actions result in serious injuries. 

The School District or a Private Bus Company

A school district or bus company that hires unqualified drivers by failing to conduct background checks can be at fault. Moreover, if a bus company does not maintain its fleet, it could also be liable for damages if a collision occurs.

Other Drivers 

Suppose another motorist speeds or ignores traffic signals and causes an accident. In that case, the victim's parents can file a claim against that person for negligence.

Vehicle Manufacturers

Sometimes, the bus may have defective parts that cause it to crash. In such cases, the manufacturer could be at fault.

Government Entities Can Be Held Liable Following a School Bus Accident

When a dangerous road condition causes a bus to collide with something, the government entity responsible for ensuring a safe roadway can be brought to task. 

It is important to remember that several parties can be at fault in a school bus accident case. A personal injury attorney can help victims identify everyone who contributed to the accident and secure the maximum compensation. They can consult on who is at fault in a school zone car accident NY as well.

Proving Liability After a New York School Bus Accident - Advice from a Personal Injury Attorney

In order to establish liability following a school bus accident in New York, the claimant will have to prove that the at-fault party's carelessness was the direct cause of the collision and the injuries that followed.

This usually involves obtaining supporting documentation, such as police reports, witness accounts, traffic camera footage, and bus maintenance records. 

Investigators might look into whether the bus driver was distracted at the time of the collision, obeyed traffic regulations, or followed safety procedures. 

A skilled lawyer can help by gathering proof, locating all liable parties, and constructing a compelling case for damages.

Injuries That Can Occur in a School Bus Accident in New York

When a school bus collides with another vehicle or an object, a passenger or pedestrian can be left with serious injuries. The following are commonly suffered in school bus accidents: 

• Whiplash

• Fractures and broken bones

• Strains and sprains

• Head, neck, and back injuries

• Traumatic brain injuries

It is important for victims to receive medical treatment immediately after the accident, even if they look fine during the initial days of the accident. Some serious conditions are only seen hours later.

When a Child Is Injured or Hit by a School Bus, Do Parents Need to Contact a School Bus Accident Attorney for Accident Claims? 

Obtaining legal assistance can be critical in a school bus accident case. Because a crash can leave a child with life-threatening injuries, obtaining legal guidance can be crucial to secure compensation and ensure that the little one gets the medical care they need.

A law firm can help to determine who is responsible for the accident and will handle everything from filing the accident claims to dealing with insurance companies and negotiating settlements. They also offer crucial guidance for school bus accident lawsuits that can ensure the best possible outcome. 

For Help Determining Liability in a School Bus Accident Case, Victims Can Turn to The Law Office of Carl Maltese - A Talented Team of New York School Bus Accident Lawyers

Although school bus accidents are rare, when they do occur, it is important to determine who may be liable for the victim's damages. The Law Office of Carl Maltese is committed to obtaining justice for those injured in accidents that were not their fault.

We provide comprehensive investigative services, offering deep insight into what caused the accident and rigorous legal representation to ensure that justice prevails. Parents can contact The Law Office of Carl Maltese to schedule a FREE consultation with an experienced legal expert! 

Frequently Asked Questions About School Bus Accident Lawsuits

1. What will it cost to hire a personal injury lawyer to gather evidence and do they offer a free consultation? 

In most cases, a car accident attorney in Long Island will work on a contingency-fee basis. This means that claimants only make payment after a favorable settlement has been obtained. The fee is typically 30% of the settlement amount and is typically negotiated before legal services are retained. And yes, free consultations are available. 

2. Could the school be held liable if a child is injured in a school bus crash? 

The school could possibly be held responsible if the accident victim can prove that it was negligent in hiring an irresponsible driver. Every New York school bus accident is different, so it's best to talk to one of our attorneys for case-specific advice. 

3. How can an accident victim prove liability in a school bus accident case?

Proving liability is often a multi-step process, and it depends on demonstrating who had the legal duty of care, how it was breached, and how that breach caused the injuries. The following steps are generally followed when proving liability: 

1. Identify the at-fault party or parties,

2. Gather evidence,

3. Show that there was negligence,

4. Document damages and injuries, and

5. Apply the relevant legal standards.

It's important to note that obtaining legal representation is crucial to adequately prove negligence in a school bus accident case.

4. How long do school bus accident cases take and when can school bus accident victims expect to get a settlement? 

Every case is different, so the time may vary. It can take anywhere from a few months to several years to conclude a case.

5. How can a personal injury lawyer help those who are injured in school bus collisions?

If a child is involved in a school bus accident, parents might want to know who is responsible for their injuries. New York school bus accident lawyers can help families with personal injury claims, especially with determining who’s at fault.

In many cases, liability in the state of New York depends on whether the bus driver’s negligence, another motorist, or other circumstances led to the crash.

When an accident occurs involving a school bus, lawyers examine all evidence from the scene, medical reports, and traffic laws to ensure that families receive the compensation they deserve for their child’s injuries. They can provide much-needed assurance and support to those involved in a bus accident, making sure no detail is overlooked.