What Happens After a School Bus Crash?
Immediately after a school bus crash, most caregivers are shocked. After all, every day, millions of children pile onto and off buses on their way to and from school. Most of these trips are incident free. But that doesn’t mean school buses are “safe,” especially in California.
In fact, the Golden State has one of the highest school bus crash rates in the country. Driver error, as outlined below, substantially causes almost all of these crashes. Secondary contributing causes include poorly-designed roads, bad weather, and poorly-maintained roads.
Driver error may substantially cause most school bus crashes, but the school district that owned and operated the bus is usually financially responsible for damages. The respondeat superior doctrine holds employers liable for the negligence actions, or inactions, of their employees.
These complex cases underscore the need for a Carlsbad personal injury lawyer who, like a good student in school, does his homework and also does well on tests. The homework portion of a school bus injury claim includes collecting and collating evidence. The test comes when the case is resolved, usually during pretrial settlement negotiations.
Gathering Evidence
After the aforementioned shock wears off, after a school bus crash, a Carlsbad personal injury lawyer must assess the damage that crash caused.
Assessment usually means determining the cause. Emergency responders, who usually work for the same entity that owned the bus, often blame other drivers for these collisions. In some cases, that’s true. But in most cases, an attorney must set the record straight, usually by partnering with an independent investigator.
Damages are difficult to determine in school bus crash cases. Most children are physically and emotionally fragile. So, even if their injuries don’t seem serious at the time, they must often deal with physical and emotional wounds for the rest of their lives.
As a result, damages are often high in school bus crash cases. These damages include compensation for past and future economic losses, such as medical bills, and past and future noneconomic losses, such as pain and suffering.
Putting Evidence to Work
Good evidence in a school bus crash case is a bit like the winning lottery ticket. The ticket is worthless unless the holder redeems it, and evidence is worthless unless a Carlsbad personal injury lawyer obtains a settlement. This settlement could occur before the legal process officially begins, at any time prior to trial, or most likely, immediately before trial.
Like all good problem solvers, attorneys usually try the cheap, easy way first. That path is a settlement with the government agency that owned the school bus. If the facts are clear and liability is undisputed, the case may settle before an attorney files legal paperwork. Frequently, school districts are anxious to keep these matters as quiet as possible.
Usually, however, an attorney must file a legal action, to pressure the defendant into settling and to preserve the victim’s legal rights in light of the statute of limitations. Many school district defense lawyers charge more than $1,000 an hour. AT that rate, legal fees pile up quickly, and the defendant’s motivation to cut its losses with a settlement grows commensurately.
Most school bus crash cases settle during mediation. A third-party mediator supervises negotiations and ensures that both sides negotiate in good faith. “I’ll see you in court” is not a good-faith negotiation position. Once a mediator forces both sides to get serious about negotiations, a favorable settlement is often just around the corner.
Count on a Hard-Working 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. We routinely handle matters throughout the Golden State.
Source:
campussafetymagazine.com/insights/school-bus-crash-statistics-by-state/162172/
