Obviously, taking care of your child is your number-one priority, but it’s also important to preserve evidence of the accident for a potential claim for damages. Work with your South Carolina personal injury attorney to discuss important questions concerning the cause of the accident, legal liability, and what compensation you may be entitled to receive. They can contact the school district, insurance companies, and other sources to collect evidence and build your case.
What Caused the School Bus Crash?
It will be important to determine the case of the crash. Some of the more common causes of school bus accidents are:
- Unqualified or underqualified bus driver. Drivers should have a commercial driver’s license (CDL) with a passenger endorsement. The school district should scrutinize the driver’s credentials and driving record carefully before hiring them.
- Poor training or lack of experience. Driving a school bus is not the same as driving a minivan. Drivers need to be properly trained in their operation. This involves managing a bus full of children and not just the mechanics of driving.
- Negligence or distracted driving. The bus driver may disobey traffic laws or engage in dangerous behavior like speeding, failing to yield, or skipping stop signs. This can cause accidents. They might also be distracted and not paying attention to the road.
- Other drivers. School bus crashes are not always the bus driver’s fault. Other motorists could have made mistakes or violated traffic laws. Impatient drivers may try to pass a stopped school bus when they shouldn’t, for instance.
- Mechanical flaws or defective design. Older school buses, in particular, may not be up to current standards. Flaws in the design can lead to dangerous risks.
- Lack of or improper maintenance. School buses should stick to a strict maintenance schedule. When the bus falls into disrepair, it can be dangerous to ride in. Examples may include balding tires and failing brakes.
- Dangerous traffic or weather conditions. Inclement weather or poor road conditions can be factors in causing a school bus collision.
Who Is the Defendant in a School Bus Crash Case?
When pursuing legal action, the plaintiff must name the defendant in the lawsuit. This process starts with uncovering the root cause of the accident. This can help identify who is responsible and, thus, legally liable. Depending on the cause, the defendant may be one or more of the following:
- The bus driver
- The school district
- The bus manufacturer
- Other drivers involved in the accident
- The bus repair or maintenance company
What Damages Can I Seek to Recover?
Personal injury lawsuits can be complex; ones involving school bus drivers and school districts can be even more complicated. It is prudent to hire a personal injury attorney as early in the process as possible. They can help explain the statute of limitations on such a case, for example. They can also examine what damages you may be eligible to recover in a civil suit.
You may be entitled to compensation for damages such as:
- Current medical bills
- Future medical costs and continued care
- Pain, suffering, and emotional distress
- Loss of enjoyment in life
- Potential loss of future earning potential
- Loss of income to care for the injured child
- Punitive costs
It’s important not only to identify what damages you may be able to recover on behalf of your child but also how you go about valuing each of these items. Once you sign a settlement, there may be no recourse for future compensation. An experienced lawyer can help you factor in all current and expected future damages and handle the entire litigation process.
Was Your Child Injured in a South Carolina Bus Accident?
If your child was injured in a school bus accident, you need to speak with an experienced personal injury attorney as soon as possible. Contact us online or call our office directly at 864-712-7317 to schedule your free consultation. We will schedule a time to meet with you at one of our offices in Anderson or Greenville—whichever location is most convenient for you.