How to Establish Liability In School Bus Accidents

How to Establish Liability In School Bus Accidents

School Bus Accident AttorneyThe National Highway Traffic Safety Administration has devised comprehensive regulations pertaining to school bus safety to ensure a safe and secure journey for children attending school. NHTSA believes that students are 70 times safer when traveling in a school bus rather than a car. Their safe design coupled with stop-arm laws in every state makes school buses an extremely reliable option to commute. However, there are other vehicles and pedestrians on the road who may become a victim of an accident if a school bus driver is negligent or careless while driving. In this case, a victim is entitled to legally pursue a rightful compensation for their loss and sufferings.

How to Establish Liability in a School Bus Accident

If you become a victim of a school bus accident, there are certain steps that you must take. Firstly, you should seek medical assistance by calling emergency responders. After receiving adequate treatment, you may assess the situation and determine which party was at fault. In some instances, bus drivers break a traffic law or drive recklessly while in other cases, a `driver of another vehicle or pedestrian are negligent and their inattention may lead to an accident.

In an event where a bus driver is at fault, you must assess whether the bus driver works for the school or is an independent employee of a contracted company. If a bus driver works for a school, then there is a possibility that school district may also be held vicariously liable for the accident. Hence, you may be able to file a claim against the school bus driver as well as the school district. However, if a bus driver is working as an employee for an independent company, then you would be able to sue the bus driver for negligence and hold contracted company vicariously liable for the accident.

Proving Negligence

Negligence can be demonstrated by showing that the driver has a duty to act as a reasonable person and obligation to follow traffic laws. Moreover, a school bus driver may at all times assume a higher level of duty of care to keep children on board safe and protected throughout the journey. It can be highly beneficial for your case to hire an experienced auto accident lawyer to seek rightful compensation. Your attorney will protect your rights and help you to establish grounds for negligence. Furthermore, a skillful auto accident lawyer may also be able to determine which party is at fault and establish a solid case against multiple parties if another driver or pedestrian was also responsible for the accident.

Illinois School Bus Accident Statistics

School bus accidents are a serious issue, despite being relatively rare when compared to other types of vehicle collisions. In Illinois, these accidents can lead to injuries not only among students but also for drivers and pedestrians, making it crucial to prioritize safety measures and robust regulations.

School Bus Accidents in Illinois Are Numerous

Illinois stands out among the states with a significant number of school bus accidents. From 2013 to 2022, the state recorded 30 incidents involving school buses that resulted in 34 fatalities. This statistic highlights that while school buses are generally among the safest transportation options for students, accidents can and do occur. A range of factors, including driver error, road conditions, and mechanical failures, contribute to these tragic events.

Common Causes of School Bus Accidents

Several factors are typically involved in school bus accidents in Illinois:

Driver Negligence – This category includes behaviors such as speeding, distracted driving (e.g., texting or using a cellphone), and failing to yield the right of way. Such negligence can easily lead to collisions with other vehicles or obstacles.

Poor Weather Conditions – Adverse weather such as rain, snow, sleet, and fog can significantly impair visibility and traction on the road. These conditions elevate the risk of accidents, not only for school buses but for all vehicles on the road.

Mechanical Failures – School buses, like any vehicle, are susceptible to mechanical issues. Problems such as faulty brakes, engine malfunctions, and tire blowouts can cause drivers to lose control, leading to potential accidents.

Reckless Behavior by Other Motorists – Many accidents occur when other drivers neglect safety laws, such as failing to stop for school buses that have their stop signs extended. Aggressive driving behaviors, including tailgating and weaving through traffic, can also pose a significant risk.

Incidents Involving Pedestrians and Cyclists – Students are especially vulnerable when boarding or exiting buses. The area around school buses can be chaotic, and careless behavior by drivers or students can lead to serious accidents.

Safety Measures and Regulations

In response to the troubling statistics surrounding school bus accidents, Illinois has implemented several important safety measures and regulations aimed at enhancing student safety:

Strict Traffic Laws – Illinois has laws mandating that all vehicles must stop when school buses extend their stop signs. Violations of these laws can result in hefty fines and penalties, reflecting the serious nature of the offense.

Enhanced Driver Training Programs – Thorough training programs for school bus drivers are essential for ensuring they can operate buses safely and efficiently. This training includes defensive driving techniques and understanding the best practices for handling various road conditions.

Regular Vehicle Maintenance Protocols – Maintaining buses in optimal working condition is crucial. Schools and transportation authorities are required to conduct regular inspections and maintenance to identify and rectify any mechanical issues before they lead to accidents.

Surveillance Systems – Many school buses are now equipped with surveillance systems that monitor both driver behavior and road conditions. These systems can help identify risky behaviors and serve as a tool for improving training and safety measures.

Legal and Financial Impact

The consequences of school bus accidents can be far-reaching, leading to significant legal claims and financial burdens for all parties involved. Families of injured students may seek compensation for medical expenses, psychological impacts, loss of income, and other damages related to the accident. Illinois law mandates thorough investigations of all school bus crashes to ascertain liability, improve safety measures, and ensure accountability. This scrutiny not only helps support affected families but also aims to prevent similar incidents in the future by promoting enhanced safety standards across schools and communities.

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Contact Our Cook County Bus Accident Attorneys

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with our experienced bus accident lawyers.

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