When the School Bus Crashes: A North Carolina Parent’s Guide
When the School Bus Crashes: A North Carolina Parent’s Guide Key Takeaways School buses are statistically the safest ride to school, but when one crashes,
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On a typical weekday morning in North Carolina, more than 14,000 school buses carry more than 800,000 children to class. Most of the 181 million miles these vehicles travel each year are safe, routine trips to and from school. However, school buses are vulnerable to the same causes and types of crashes that any other vehicle can face on the road. If your child was injured in a school bus crash, it’s essential to know your rights and legal options for recovery. The experienced school bus crash injury lawyers at Maginnis Howard have a proven track record of securing justice for injured children and their families. We represent clients on a contingency basis, meaning you don’t pay anything unless we recover compensation on your family’s behalf. Contact us today for a free consultation.
Statistically, school buses are one of the safest ways to get your child to school. Buses are designed with passenger safety in mind. For one, a school bus is heavier than regular passenger vehicles, including vans. The vehicle weight absorbs much of the impact of a crash, and students are further protected by the interior design of the bus- compartmentalized in closely-spaced, heavily-padded seats in lieu of traditional seat belts. However, compartmentalization only protects a child who stays seated and facing forward. In a rollover, a side impact, or a hard swerve, students get thrown out of their seats and into seat frames, windows, and each other.
On the morning of Tuesday, Sept. 1, a Franklin County Schools bus carrying 19 Terrell Lane Middle School students left Alert Road north of Louisburg and struck a culvert. Franklin County Emergency Management, EMS, multiple fire departments, and the Sheriff’s Office responded to the crash. 13 students were taken to the hospital for evaluation, and others were released to parents at the scene. No injuries were life-threatening, and the students and driver were later discharged. After a State Highway Patrol investigation, the driver was charged with careless and reckless driving and failure to maintain lane control. This collision demonstrates that while school buses are designed to protect those inside, without proper operation, injury can occur. We are grateful that the students involved in this incident are on the mend.
When a child is injured in a public school bus crash caused by a public school employee, suing for damages is complicated by “sovereign immunity,” a doctrine that shields government employees from liability. This bars you from suing the driver in civil court. However, North Carolina’s Tort Claims Act allows victim families to sue the county or city school board that hired the at-fault driver. These claims fall under the jurisdiction of the North Carolina Industrial Commission. The award is capped at $1 million per occurrence, meaning there is $1 million of coverage for all accident victims combined. When injuries are more serious, or the crash caused a wrongful death, this can be challenging for families seeking more for their loss.
A school bus case is not a typical car accident claim. When a school board is involved, the claim may proceed through a separate process with its own deadlines, damage limits, and a government defendant that litigates far more aggressively than the average auto insurer. An attorney who handles these cases can take that work off your hands: gathering evidence before it is lost, dealing with the school system and its insurers, and building the claim so you can focus on your child’s recovery. Depending on the facts, families may be able to recover medical expenses, future treatment costs, wages a parent lost while caring for an injured child, and compensation for the child’s pain and suffering.
Immediately after a school bus crash, there are several critical steps to take:
Maginnis Howard has represented North Carolina families in serious injury claims across the state for decades, including claims against government entities governed by the Tort Claims Act. If your child was injured in a school bus crash or struck near a bus stop, we offer free, no-obligation consultations and handle these cases on a contingency fee. That means you don’t pay anything unless we recover compensation on your behalf. Contact us to speak with an intake specialist. We serve clients across the Carolinas from our Raleigh, Charlotte, and Fayetteville offices.
When the School Bus Crashes: A North Carolina Parent’s Guide Key Takeaways School buses are statistically the safest ride to school, but when one crashes,
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