Nuts and Bolts of a School Bus Crash

A school bus crash is the ultimate nightmare for many caregivers. But these crashes occur, and they occur frequently. The number of school bus crash-related fatalities has increased over 20 percent since 2022. Most of these victims were in other vehicles. Extreme fatigue and/or design issues cause many of these crashes. School bus drivers, like everyone else, are naturally drowsy early in the morning, especially when it’s still dark outside. Furthermore, massive school buses with poor sight lines must navigate streets not designed for such vehicles.

A school bus crash is tragic for everyone involved. No one can go back in time and wake up a sleepy driver, redesign a road, or otherwise reverse this tragedy. However, a Carlsbad personal injury lawyer can do the next best thing, which is obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. This compensation doesn’t change what happened, but it does make the future a little brighter for survivors.

Driver Negligence

We mentioned two of the most common kinds of school bus driver negligence above. Basically, negligence is a lack of care. School bus drivers, like other commercial drivers, have a higher duty of care in California. So, it’s easier for a Carlsbad personal injury lawyer to prove a lack of care and obtain the aforementioned compensation.

This compensation is available if a lack of care substantially causes injury. There’s a difference between a substantial cause and a contributing cause. Bad weather is a good example. Usually, bad weather is a contributing cause. Lots of motorists drive during rainstorms but only a few of them crash, usually because they’re driving aggressively (speeding, turning unsafely, etc.) or while impaired (fatigued or under the influence of a substance).

Incidentally, especially for commercial drivers, different kinds of impairment often overlap. Many truck drivers take amphetamines to stay awake. These pills don’t counteract poor judgement, slow reflexes, or other underlying effects of fatigue. Additionally, when these drugs wear off, users crash fast and hard.

Head injuries, in one form or another, may be the most common school bus crash injuries. Impacts usually cause severe traumatic brain injuries (sTBI). We don’t mean the impact on a steering wheel or other outside object. We mean the impact of the brain slamming against the skull due to violent motion. Life-threatening incidents, like car crashes, also trigger chemical changes inside the brain that cause symptoms like depression, anger, and hypervigilance (Post Traumatic Stress Disorder).

Liability Issues

Negligent drivers are legally responsible for the crashes they cause. Their employers are financially responsible for the damages these crashes cause, at least in most cases. Under the respondeat superior doctrine, employers are financially responsible for damages their employees cause during the course and scope of their employment.

California defines these key elements very broadly. Course and scope of employment is a good example. Typically, any act that benefits the employer, which is usually a school district, is within the course and scope of employment. These acts include taking a quick break at a convenience store and driving an empty bus to the parking area.

A Carlsbad personal injury lawyer must properly identify the employer to take full advantage of this doctrine. Contractors employ some school bus drivers. School districts employ others. An initial misstep means a costly delay, at best, or dismissal of the case, at worst.

Rely on a Diligent San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

injuryfacts.nsc.org/motor-vehicle/road-users/school-bus/