Who May Be Liable for Injuries From a School Bus Accident?

School bus accidents can lead to serious injuries, especially when the safety of young passengers is compromised. Determining liability requires a thorough understanding of the various factors that could contribute to the accident and the entities that might be held responsible. 

School bus accidents can occur due to various reasons, including driver negligence, mechanical failures and poor road or weather conditions. A common cause is negligence on the part of the bus driver, which could include speeding, reckless driving or operating the bus under the influence of drugs or alcohol. Mechanical failures, such as brake malfunctions or tire blowouts, often due to improper maintenance, can also lead to accidents. Hazardous road conditions or inclement weather can contribute to accidents, especially if the driver fails to adjust their driving to account for these factors.

Several parties may be held responsible for injuries resulting from a school bus accident, depending on the circumstances:

• Bus driver — If the bus driver was negligent, they could be directly liable for the injuries sustained by the riders. The driver’s responsibility extends to ensuring the safety of the children on board by adhering to traffic laws and making sure children are seated and seat-belted.
• Bus operator — When the bus is owned or leased by a private company, that entity can be held liable for the negligence of the driver it employs. The bus company is also responsible for ensuring that the bus is properly maintained, and may be liable if poor maintenance leads to a mechanical failure that causes an accident.
• School or school district — If the school or school district contracts with a bus operator for transportation services, it has a duty to vet the qualifications of the operator and the driver. Failure to do so could result in liability if an accident occurs. If the school or district owns the bus and hires the driver, they could be held responsible for negligence on the part of the driver or for inadequate maintenance of the bus.
• Bus maintenance provider — If the accident is caused by improper maintenance, the mechanic or parts supplier responsible for the upkeep of the bus could be held liable. This includes failures in routine inspections or faulty repairs that lead to mechanical issues.
• Third-party driver — In some cases, another vehicle may be involved in the accident. If a third-party driver’s negligence, such as reckless driving or failure to yield, caused the collision, they could be held liable for the injuries sustained by the bus passengers.
• School-affiliated organization — Parent groups or other non-profit organizations that charter buses for events have a duty to ensure that the bus company and driver are qualified and reliable. These groups can be vicariously liable if the bus operator they hire is negligent.

A skilled school bus accident attorney can assist injured passengers in obtaining the compensation they deserve. The attorney will investigate the cause of the accident, identify potentially liable parties, gather evidence and negotiate with insurance companies and defense attorneys to reach a fair settlement.

If you or your child has been injured in an accident with a school bus, the legal team at Feinberg & Alban PC in Boston can help you obtain maximum compensation for your losses. Call 617-232-5950 or contact us online to set up your free initial consultation and case evaluation.