Every parent’s worst nightmare is receiving a call that their child was injured in a school bus accident. Each day, New Jersey school buses carry more than 800,000 students. The majority of these passengers reach their destinations safely, but sometimes, instances of negligence can cause harm to these innocent commuters.
If your child or family member was injured in a New Jersey school bus crash, don’t hesitate to seek accountability from the negligent parties. Contact Grossman Law, a top-rated personal injury law firm in NJ. Our team has been assisting injured victims and bereaved families for over 27 years now, helping them obtain maximum compensation and a sense of justice after their accidents.
Your consultation with us is free and confidential. Call Grossman Law today at (877) 996-5529.
How Common Are School Bus Accidents?
When we entrust our kids to a school bus service, we reasonably expect that they are protected by the highest safety measures. Yet thousands of people get injured or killed in school transport crashes in the US each year.
Data from the National Highway Traffic Safety Administration indicates that in 2022, school bus crashes resulted in 104 fatalities and approximately 12,500 injuries. In addition to bus passengers, those injured in these accidents may include occupants of other vehicles, bus drivers, cyclists, and pedestrians.
These incidents can lead to devastating consequences, including serious injuries or even fatalities. If your child has been involved in a school bus crash in New Jersey, understanding your legal rights and options is crucial.
Common Causes of School Bus Accidents
Understanding the common causes of school bus accidents can help identify who may be responsible for the accident:
- Driver errors – A brief lapse in attention or distraction by a school bus driver can lead to a collision. Additionally, the pressure to maintain a strict schedule may result in overly aggressive driving, particularly in poor weather conditions.
- Distracted, intoxicated, or fatigued driving – A driver who is distracted, under the influence of alcohol or drugs, or overly tired is more likely to make critical mistakes, increasing the risk of an accident.
- Improper training of bus drivers – Inadequate training can leave drivers unprepared to handle emergencies, navigate difficult road conditions, or properly manage student safety.
- Negligent motorists – Drivers who fail to stop at a stop sign or drive recklessly around school buses are often at fault.
- Overloading the bus – Exceeding the bus’s capacity can affect its stability, braking ability, and overall control, heightening the chances of an accident.
- Reckless actions by other drivers – New Jersey law outlines specific rules for motorists near school buses, but some impatient drivers take unnecessary risks, creating hazardous situations.
- Poor upkeep of the vehicle – Failure to properly maintain buses can result in brake failures, tire blowouts, or other mechanical issues that lead to accidents. A defect or lack of proper maintenance by a third-party maintenance company could lead to mechanical failures.
- Adverse weather conditions – Rain and snow can make roads slippery and reduce visibility, increasing the likelihood of accidents.
- Faulty road signs or traffic lights – Malfunctioning or missing traffic signals and road signs can create confusion or dangerous intersections, contributing to crashes.
Who Can Be Held Liable in a School Bus Accident?
Liability in school bus accidents can be complex because multiple parties may be involved:
- Bus driver: If the accident was caused by driver error or negligence, the driver himself or herself could be directly liable.
- School district: The district could be held liable if they failed to ensure proper training or maintenance.
- Third parties: A maintenance company or another motorist could also be held accountable.
- Government entities: In cases involving municipal buses, sovereign immunity laws may apply but can sometimes be waived under Title 59.
Determining liability requires thorough investigation and legal expertise.
Compensation You May Be Entitled To After a School Bus Crash
Victims of school bus accidents may seek compensation for:
- Medical expenses
- Emotional trauma
- Lost wages (if parents need time off work)
- Pain and suffering.
The amount depends on factors like injury severity and whether negligence can be proven.
Statute of Limitations for Filing a School Bus Crash Claim in New Jersey
The statute of limitations is a law that sets a time limit for filing a lawsuit. In New Jersey, a personal injury lawsuit generally has a two-year statute of limitations, meaning you may have only two years to sue for the school bus injury.
However, there are exceptions to this rule. For instance, if your lawsuit is against a government entity, you must initiate the process within 90 days of the accident by filing a notice of claim.
Failing to meet these deadlines could jeopardize your case, so it’s critical to act promptly.
Filing a Lawsuit Against a School District or Third Party
Filing a lawsuit against a school district involves unique challenges due to sovereign immunity laws, specifically Title 59 of the New Jersey Revised Statutes. Sovereign immunity means government bodies have a certain degree of protection from getting sued. However, it is still possible to sue a public school district or bus service if you can meet the stricter requirements.
- You’ll need to initiate the claim by filing a notice within 90 days.
- The procedure for suing a government entity may take more steps and requisites, which an attorney can help you with.
- It may be more challenging to prove the agency’s negligence (for example, if they hired an unqualified bus driver).
In some cases, you may be able to file a third-party lawsuit if a separate third party contributed to the bus accident. An example is if a maintenance company failed their task of keeping the bus road-worthy. Such lawsuits are less restrictive but require solid evidence.
Your attorney will navigate these complexities to ensure all responsible parties are held accountable.
What to Do If Your Child Was Injured in a School Bus Accident
If your child was injured in a school bus accident, follow these steps:
- Seek immediate medical attention for your child.
- Document all injuries and gather evidence from the scene, including photos and witness statements.
- Report the incident to the school district and obtain their accident report.
- Contact an experienced personal injury lawyer who specializes in school bus accidents.
Taking these steps ensures you have the necessary documentation to build a strong case.
How an Attorney Can Help With Your Case
An experienced attorney can provide invaluable assistance by:
- Investigating the cause of the accident and identifying all liable parties
- Negotiating with insurance companies on your behalf
- Filing lawsuits against negligent parties, including bus drivers or third-party maintenance companies
- Ensuring compliance with New Jersey’s specific legal requirements, such as filing deadlines under Title 59.
Hiring a lawyer increases your chances of securing fair compensation for medical expenses, emotional distress, and other damages.
How to Choose the Right School Bus Accident Lawyer
When selecting an attorney, remember these tips:
- Look for experience with school bus accident cases specifically.
- Check their track record for verdicts and settlements related to personal injury law.
- Ensure they offer contingency fee arrangements so you only pay if you win.
A skilled lawyer will advocate aggressively for your family’s rights while providing compassionate support throughout the process.
If Your Child Was Injured in a New Jersey School Bus Accident, Contact Grossman Law
A school bus accident can leave families facing physical, emotional, and financial hardships. If your child was injured in a school bus crash in New Jersey, you don’t have to navigate this difficult time alone. Our experienced school bus accident attorney can help you understand your legal rights, hold negligent parties accountable, and fight for the compensation your family needs to move forward.
At Grossman Law, we protect the rights of accident victims and help ensure they receive the justice they deserve. Contact us today for a free consultation to discuss your case and explore your legal options. Let us help you secure the compensation your family needs. Call (877) 996-5529.