If your child gets injured in a school bus accident, will you be expected just to sit back idly and not make attempts to recover damages because of government immunity on the school district? This piece explains what the law states on the issue and the strategic steps you can take to file a claim for injuries or damages.
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Governmental Immunity
In most instances, the school district enjoys immunity from litigation for different issues, including injury to a student where it is not the fault of anyone or where the injured student instigated the incident. The law also protects them if an employee unintentionally causes an accident. This governmental immunity may cover school buses, their drivers, and other institution district vehicles for a journey.
With all that being said, you can bring legal action against the school district in some cases but not in all cases. A competent lawyer should be able to enlighten you if governmental immunity applies or not after a consultation. Do not give up or brashly institute a case if you have not heard the informed opinion of a trusted attorney. Speaking to attorney Eric Doroshow of The Law Offices of Doroshow, Pasquale, Krawitz & Bhaya is a smart move at this time.
Serious Injuries
Litigation for accidents only becomes valid if the victim sustains serious injuries that require compensation to recover medical expenses. Typically, the injuries must surpass a given standard of financial calculations. The threshold may include the treatment of the injury and therapy for physical recovery. Trauma, suffering, distress, and pain are other issues that may equally apply.
It may be needless to file a civil case if the victim only suffers minimal damage or minor scrapes. Again, it is advisable to liaise with your attorney on the matter before contemplating to sue the school.
Governmental or Sovereign Immunity With a School District or Bus
The sovereign immunity school districts enjoy in likely lawsuit cases may prohibit an individual from instituting civil cases for serious injuries. The immunity makes it impossible to sue the school district, driver, or bus because of some given factors in certain cases. For instance, the school district is more likely to enjoy this immunity if the accident is not traceable to a breach of responsibility of care to students or negligence of the driver.
However, your suit is valid if you can establish that the accident was orchestrated by the driver’s negligent actions, breach of responsibilities, or intentional harm. If you follow through with an experienced lawyer, you are likely to win in such circumstances.
Sovereign immunity does not place an outright ban on every lawsuit; some lawsuits are still valid despite the protections school districts have enjoyed since 1885. For example, a school bus without safety features, which eventually leads to an accident that causes your child severe injuries, is not protected by immunity.
The Claim Against the School
Conventionally, two types of claims are accepted against the school district – willful harm and negligence of the school or bus driver. General apathy, ignoring vehicular defects, and lack of repairs are valid instances of negligence.
If localized statistics have established that a certain school is notorious for similar unresolved accidents, government immunity for normal accidents does not bar you from pursuing claims. The legal team needs data about the buses and drivers of the school district to substantiate the claims. You may even have a weightier case if you back your claims with a doctor’s treatment information and recovery time.
The Ideal Lawyer in School Bus Accidents
The major responsibility of a lawyer in this case is to aggressively fight for their clients and claim the necessary compensation. The lawyer may need to interview other students and get everyone involved to cooperate.
Conclusion
Going through a school bus accident can be harrowing for children as well as their parents. Things are only made worse if a child is injured in the accident. Determining negligence and understanding who was at fault in the accident is essential to gaining due compensation.
