As summer comes to an end, children across the Garden State are returning to school. This means streets and roads will now be occupied by large school buses at certain points throughout the day. As parents, when we put our children on a school bus, we are entrusting their safety to the school and the bus driver. Unfortunately, school bus accidents do still occur and many times they can result in significant injuries. For example, according to data from the National Highway Traffic Safety Administration, approximately 108 people were killed in school bus accidents in 2021, and about 9,700 were injured. In addition, between 2012 to 2021, there were 998 fatal school bus accidents resulting in 1,110 lives lost (which averages to 111 fatalities per year).
If your child suffered a serious injury in a school bus accident, consult with an experienced and knowledgeable New Jersey school bus accident lawyer today.
Common Causes of School Bus Accident Injuries
There are many factors that can play a role in precipitating a school bus accident, including:
- Distracted, fatigued, or intoxicated bus drivers
- Improperly trained or reckless bus drivers
- Improper maintenance or repair of the school bus
- Defective manufacturer parts of the school bus
- Government entities who failed to adequately provide and maintain roadways, traffic lights and signals, or signs.
In addition to the above-described causes, there is also the risk of a bus-related accident occurring when a child attempts to get on or off of the school bus. This is commonly referred to as the “Danger Zone” (i.e., the 10-foot radius extending around a school bus). Why is it referred to as the danger zone? Because this zone is effectively the bus driver’s blind spot where it can be difficult to spot children’s movements. In addition, there may be other careless drivers who may not stop for the stop sign.
Injuries That May Be Suffered in a New Jersey School Bus Accident
School bus accidents have the potential to be quite serious and leave victims damaged both physically and mentally. Examples of common injuries suffered in school bus accidents include:
- Back injuries
- Broken bones
- Cuts and bruising
- Head injuries, including traumatic brain injuries
- Internal injuries
- Neck injuries
- Psychological injuries
- Spinal cord injuries
What to Do Following a School Bus Accident in New Jersey Bus Accident
In the wake of a school bus accident, if possible, consider taking the following steps to protect your child, yourself and the ability to potentially pursue financial restitution for relevant harms and losses stemming from the incident. These recommended steps include:
- Get immediate medical care for your child.
- Take photos and video (using a cell phone) of the scene of the accident. If possible, try to get details such as damage to the bus and your vehicle, skid marks on the road, visual obstructions, traffic signs and signals, and the conditions at the time of the accident.
- Follow the treating provider’s instructions and recommendations.
- Retain copies of bills and invoices for expenses incurred due to the school bus accident.
- Keep a journal to record the difficulties and limitations the injuries have caused.
NJ Tort Claims Act
Generally speaking, in New Jersey, the sovereign immunity doctrine shields government entities from being sued by citizens. This immunity from civil liability may extend to public entities and government employees, unless specifically authorized by statute. However, there are notable exceptions. For example, citizens have the option to pursue a legal claim against a government entity under the New Jersey Tort Claims Act (also known as Title 59).
Civil claims authorized under Title 59 include automobile negligence caused by a state or local employee, dangerous conditions of public property, and negligence of public employees engaged in ministerial tasks (those where they must act without discretion). Depending on the specific circumstances of the school bus accident, Title 59 may apply and allow you to take legal action against the government. However, unlike a regular accident, you must take some immediate action to protect your rights.
The need to provide this notice applies any time a government entity is part of an injury.
Short Window of Time to Take Legal Action
In New Jersey, the statute of limitations for the majority of personal injury cases is two years from the date of the accident. However, a common pitfall many people encounter when contemplating legal action against the operator of a government vehicle (i.e., a school bus owned or leased by a state or local entity) is the short time-frame to provide notice of the accident. Specifically, if you attempt to include a government entity in your school bus accident injury claim, then you must provide formal notice within 90 days of the accident. The time to file a lawsuit is will follow the Statute of Limitations and is extended for minors but the notice requirement is not and important evidence may no longer be available, so we recommend you contact our office today to protect the legal rights of your child.
In effect, this means if your child was seriously injured in a school bus accident, then now is the time to take action. Do not waste another day without speaking to a knowledgeable New Jersey school bus accident attorney.
Do I Actually Need a Lawyer for My Bus Accident Injury Case?
The answer is – possibly. It usually depends on the specific facts and unique circumstances of your case. Nevertheless, according to a study by the Insurance Research Council, individuals engaged in legal action who are represented by an attorney in a personal injury case settle their cases for 3.5 times more than people who represent themselves. In addition, in approximately 85 percent of cases where the insurance company settles a claim, the injury victim was represented by an attorney.
Ready to Take Action? Speak to a New Jersey School Bus Accident Lawyer Today
If your child was seriously injured in a school bus accident, then now is the time to assess your legal options and to speak with a knowledgeable New Jersey personal injury lawyer. At Bross and Frankel, we are dedicated to helping people throughout New Jersey, including those injured in school bus accidents, obtain maximum compensation. With decades of combined experience helping injured people of Mt. Holly and throughout New Jersey, our team of effective personal injury attorneys understand what it takes to achieve results. To learn more or to schedule a free, confidential case evaluation, contact us today at (856) 795-8880 or fill out our online contact form.