School Bus Accidents
Florida is one of five states and some districts that have implemented varying safety belt requirements for school buses, according to the National Coalition for School Bus Safety, a nonprofit advocacy group. However, most school buses in the United States do not have restraint systems or seatbelts. In a 2002 report to Congress, the National Highway Traffic Safety Administration (NHTSA) recommended against lap-only belts in school buses because they can be risky, especially in small children, by restraining them high on the abdomen, potentially causing internal injury in a crash.
More than 450,000 school buses transport children to and from school each day in the United States. According to NHTSA, school bus-related accidents send 17,000 children to emergency rooms each year. Nearly one-fourth of the accidents occur when children are boarding or leaving school buses, while crashes account for 42 percent of the injuries. On average, more than 10 children a year die as a result of school accidents, with 40 percent of those deaths occurring between the hours of 3 p.m. and 4 p.m.
We entrust school bus drivers with our children’s safety and their lives. The drivers must abide by all transportation laws, including laws that prohibit speeding and consuming alcohol before or while driving. In addition, drivers of school buses must abide by a higher duty of care for schoolchildren, who are seen to have a special status in the eyes of the law and deserve more than ordinary protection.
School bus accidents can be caused by such contributing factors as driver negligence, dangerous roadways, weather conditions, defective products and improper maintenance, among others. These accidents may lead to death or serious physical injury, including:
- Head injuries
- Burn injuries
- Brain injuries
- Spine injuries
- Fractured bones
- Cuts and bruising
- Amputations
- Internal injuries
A school bus accident can impact the lives of the victim and his or her family. Depending on the severity of the accident, the victim may need to undergo surgery or visit numerous specialists. Treatment for school bus-related injuries may be very expensive and cause financial stress on the family. If you retain a skilled bus accident injury lawyer you may be able to recover monetary compensation for your injuries and other accident-related costs.
The school bus accident attorneys of Rosen & Rosen will perform a thorough investigation of the factors contributing to the school bus accident to better understand who should be held liable. You may be able to file a claim against the bus company to recover for your damages. If you were a passenger on a bus that was involved in an accident, the bus company, whether public or private, owes you the “highest degree of care, foresight, prudence and diligence reasonably demanded at any given time by conditions or circumstances…” This “highest degree of care” is higher standard than the negligence duty owed by the bus company to drivers of other vehicles and pedestrians.
Claims for damages against a public or governmental entity are regulated by specific statutes which create both additional procedures and, in most instances, can serve to limit your ability to make a successful recovery. These are some of the many reasons it is so important to review your case with an experienced lawyer who has successfully litigated these “soverign immunity cases” in the past. In some circumstances, we can lobby the Florida legislature to pass a special claims bill in order to bypass the limitations imposed by statute. If you or a loved one has been injured as a result of a school bus accident, call or e-mail the lawyers at Rosen & Rosen today at (954) 981-1852 or info@rosenandrosen.com. During a FREE CONSULTATION we will gladly discuss how we can help protect your rights and fight for all the compensation you deserve! Let the lawyers and staff of Rosen & Rosen serve you.
