School Bus Accidents and Injuries at School: What Parents Need to Know
During the school year, parents trust schools, bus drivers, coaches, and staff members to take reasonable steps to protect their children from danger. But even with proper precautions, a child can still be injured on a bus or elsewhere on school property.
When an injury occurs, parents may have questions about medical care, accident reports, insurance, and responsibility. The answers often depend on where and how the injury happened, who was involved, and whether the school is public or private.
If your child was seriously injured in a school bus accident or at school, Cellino Law can review what happened and explain your family’s legal options. Schedule a free case evaluation online or call 888-888-8888.
Key Takeaways
- School bus injuries can happen because of a collision, at a bus stop, or while a child is boarding or exiting the bus.
- Schools are not automatically responsible for every student injury. A claim may depend on whether a school, bus company, driver, property owner, or another party failed to use reasonable care.
- Some injuries, including concussions and soft tissue injuries, may not be obvious immediately. A child should receive appropriate medical care after a significant accident.
- Parents should report the incident, request copies of available records, save medical documents, and write down what their child remembers.
- Claims involving public schools or government-operated buses may have special notice rules and short deadlines. In some cases, action may be required within 90 days.
How Do School Bus Accidents Happen?
The National Highway Traffic Safety Administration states that school buses are among the safest vehicles on the road. However, accidents involving students onboard can still happen.
A school bus accident may be caused by:
- A bus driver who is speeding, distracted, tired, or impaired
- Another motorist who fails to stop for a school bus
- Unsafe turns, sudden stops, or failure to yield
- Poor bus maintenance or defective parts
- Dangerous road or weather conditions
- Improper loading, unloading, or student supervision
Children may face an even greater risk while getting on or off their school bus. A negligent driver may strike a child in a crosswalk or illegally pass a bus while its red lights are flashing. A child may also fall on the bus steps or be caught by a closing door.
According to NHTSA, children should wait at least 10 feet from the curb for their school bus and never walk behind the bus. While instilling these safety habits in your child can prevent a serious injury, an adult still may act negligently.
What Types of Injuries Can Happen at School?
Not every school-related injury involves a bus. Children can also be hurt during sports, recess, on field trips, or in the classroom. Unsafe stairs, hallways, cafeterias, and playground equipment may also cause an injury.
Common school injuries include:
- Concussions and other traumatic brain injuries
- Broken bones, sprains, and strains
- Cuts, bruises, and facial injuries
- Neck, back, and shoulder injuries
- Burns or exposure to unsafe substances
- Dental injuries
- Emotional distress following a serious event
Depending on their age, a child may be unable to clearly describe pain, dizziness, or confusion. A concussion is a type of traumatic brain injury, and symptoms may appear hours or days after an impact. Headaches, nausea, memory problems, unusual tiredness, or changes in behavior may be warning signs. Seek prompt medical care when a head injury is suspected.
When Could a School Be Responsible for a Child’s Injury?
Schools, both private and public, have a duty to provide reasonable supervision and to maintain reasonably safe conditions for staff and students. However, a school is not automatically liable whenever a student gets hurt. For parents to file a claim against the school for their child’s injuries, they need to show that negligence occurred.
Depending on the facts, school negligence may include:
- Failing to provide adequate supervision
- Ignoring a known hazard on school property
- Using broken or poorly maintained equipment
- Failing to follow a child’s documented safety or medical plan
- Allowing an unsafe activity to continue
- Failing to respond appropriately to a known risk
Reasonable supervision may depend on the students’ ages, the activity, and whether staff members knew or should have known about a danger. Some accidents happen even when proper precautions are in place, so a legal review focuses on the conduct that led to the injury.
Who May Be Liable for a School Bus Accident?
Responsibility for a school bus accident may extend beyond the school district. Many districts contract with private transportation companies, and another driver may cause a collision involving the bus.
Potentially responsible parties may include:
- The school bus driver
- A private bus company
- A public school district or other government entity
- The driver of another vehicle
- A company responsible for bus inspection or maintenance
- A bus or parts manufacturer
More than one party may share fault in the event of a bus accident. Identifying every responsible party matters because each may have different insurance coverage, records, and legal defenses. Working with an attorney experienced in school bus accidents can help to identify responsible parties.
What Should Parents Do After a School Bus Accident or School Injury?
Your child’s health comes first. If you’re at the scene of the accident, call 911 when emergency care is needed, and arrange a medical evaluation for any injury that may be serious. Tell the provider how the accident happened and describe every symptom you have observed.
Parents can also:
- Get basic information. Record the date, time, location, bus number, route, and people involved.
- Report the injury in writing. Notify the school or transportation provider and ask how to obtain the official incident or accident report.
- Preserve evidence. Photograph visible injuries and the location. Save damaged items, emails, text messages, and school notices.
- Identify witnesses. Write down the names of students, parents, teachers, aides, coaches, or other people who may have seen what happened.
- Keep records. Save medical records, visit summaries, therapy records, attendance reports, and notes about activities your child cannot perform.
Write down the child’s own words without suggesting details. A parent can also keep a dated journal of symptoms, appointments, missed school, and changes in daily life.
What Evidence May Be Available?
After an accident that occurred at school or on the bus, gathering as much evidence as possible will be helpful in corroborating a parent’s claim of negligence. Some other evidence available may include:
- Bus surveillance or dashboard camera footage
- School security video
- Driver logs and training records
- Bus inspection and maintenance records
- Police and incident reports
- Student attendance and seating records
- Staff schedules and supervision policies
- Photographs, witness statements, and medical records
Some evidence may be erased, overwritten, repaired, or lost with time. A written request to preserve records may be important, especially when video is involved. Student privacy rules can affect what parents receive directly. An attorney can determine how to seek relevant information.
Do Public School Injury Claims Have Different Deadlines?
Public school districts and government-operated transportation systems may be protected by special laws that affect how and when a claim must be made. A parent may need to serve a formal notice of claim before filing a lawsuit.
In New York, General Municipal Law Section 50-e often requires a notice of claim within 90 days for an injury claim against a public school district or another public entity. New Jersey’s Tort Claims Act also commonly requires notice within 90 days for claims against public entities. Connecticut has its own rules for municipalities, boards of education, and government employees.
The correct deadline depends on the state, type of school, responsible party, and legal basis of the claim. Different rules may apply to private schools, bus companies, contractors, and motorists. Although minors may receive extra time under some statutes of limitations, parents should not assume that the child’s age pauses every notice deadline.
Because missing a required notice or filing date can prevent a family from pursuing a claim, it is important to have the deadline reviewed as soon as possible.
What Compensation May Be Available for a Child’s Injury?
Available damages depend on the injury, necessary treatment, and effect on the child and family. A claim may seek compensation for:
- Emergency care, hospital bills, and follow-up treatment
- Physical, occupational, or psychological therapy
- Future medical care and support services
- Pain and suffering
- Permanent disability or disfigurement
- Reduced quality of life
- Certain financial losses suffered by a parent or guardian
A serious childhood injury may affect development, education, mobility, and future independence. Any future need for surgery, counseling, academic support, assistive devices, or long-term care should be considered before a claim is resolved.
Frequently Asked Questions About School Injuries
Is a School Responsible Whenever a Child Is Hurt on School Property?
No. Liability depends on whether the school or another party failed to use reasonable care and whether that failure caused the injury. Some accidents are not preventable even with proper supervision and maintenance.
What If the School Says My Child Was Partly Responsible?
A child’s age, experience, and ability to understand a risk can affect how the child’s conduct is evaluated. New York, Connecticut, and New Jersey also have different rules for cases in which multiple parties may share fault. Parents should not assume that an allegation against the child ends the claim.
Speak With a School Injury Attorney
Cases involving children, schools, and school buses can include several responsible parties and strict filing requirements. Cellino Law’s experienced attorneys will investigate the accident, identify available insurance coverage, preserve important evidence, and explain how state laws may apply.
If your child was injured in a school bus accident or at school in New York, New Jersey, or Connecticut, schedule a free case evaluation online or call Cellino Law at 888-888-8888.
Content checked by the personal injury attorney Timothy Cellino
Timothy Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community.
I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
