The Law Offices of Matthew J. Quinlan helps bus accident victims throughout San Francisco. In most accident situations, you have some level of control because you’re the one that’s been hurt. However, when the accident involves a school bus, you have to face the prospect of your child being hurt. This makes the situation much more difficult, but you still have legal options. To learn more about what you can do, contact us today for a free consultation.
Should You Hire a Lawyer After a School Bus Accident?
While a school bus accident is usually going to involve your child being hurt, and that’s something no one wants to face, there’s still a legal process in place. In situations involving child injuries, a parent or guardian must file the claim on behalf of the child. While minor injuries may not require a lawyer, the decision is ultimately yours. If you’re considering these legal options, we offer a free consultation to explain the process, with no obligation to hire us.
If you decide to move forward, we’ll use our experience to help you and your child by:
- Investigating the school bus accident
- Finding out who is responsible
- Gathering medical records and important evidence
- Talking with insurance companies or lawyers on your behalf
- Making the process easier for you
No parent wants to deal with this, but school bus accidents can happen in San Francisco. When it does, you have to be ready to go into the legal process so you can get some measure of help for you or your child’s injuries.
What Legal Options Are There After a School Bus Accident?
Legally speaking, a school bus accident in San Francisco is a lot like other car or vehicle accidents, but there’s one key difference–when a school bus is involved, you’ll probably need to file a claim against the school board, which means going up against a government entity.
The first step is to submit a Notice of Claim to the state and the school board, letting them know you plan to file a claim. Before filing, you need to meet two key requirements:
- Damages – Your damages have to be under $10,000. If it’s higher, which is common in child or school bus accidents, you must file with the Government Claims Program.
- Time frame – You have six months from the accident date to file, not the usual two years for injury claims in California. So, it’s important to be prepared when you submit your claim.
If you don’t meet these requirements, you can’t file a claim against the school and could miss out on damages for you or your child’s injuries and property damage.
Once you file, the school has 45 days to respond. If they accept responsibility, they’ll cover the damages, but if they deny it, you might need to go forward with a lawsuit. If they accept the claim, payment can take up to 8 weeks. From there, damages are usually the same as any other accident, meaning you can potentially recover:
- Medical bills for your child’s treatment
- Costs for rehabilitation and therapy
- Financial support for the physical and emotional pain your child has endured
- The impact the injury has had on your child’s quality of life
- Expenses tied to any disfigurement or long-term injuries
Filing a claim after a school bus accident isn’t easy. On top of managing doctor visits and medical bills, you might need to figure out others who are either responsible or share some of the responsibility for the accident.
Who Pays For Damages After a School Bus Accident?
While a school bus accident in San Francisco is certainly unique, it still follows the general patterns of any other vehicle accident. This is especially true when figuring out who pays for the damages. You still have to look at who was “negligent.”
With negligence, you need to be able to show that someone involved:
- Failed to take reasonable care in their role with the bus, leading to the accident and your child’s injuries or damages.
Once negligence is set, the next step is looking at who caused the accident. In a school bus accident, several parties could potentially be liable, including:
- The bus driver
- Another driver or passenger
- The San Francisco Unified School District
- The bus manufacturer
- The City of San Francisco
- The manufacturer of a faulty bus part
Figuring out who’s responsible for the accident is extremely important because it directly impacts your child’s injury claim. In some cases, multiple parties may be involved, allowing you to file claims against each for damages. However, this can also mean dealing with several insurance companies at once. This makes everything harder, but it also means that you need to know what can be done to protect your claim.
How Can You Protect Your Claim After a School Bus Accident?
Just because you have the right to file a claim after a school bus accident in San Francisco doesn’t mean you’ll automatically receive damages. You have to take certain steps to protect and strengthen your potential claim. This is more difficult when you’re not at the scene, but it can still be done by:
- Getting medical care – Call 911 right away, even if your child seems okay. A doctor can check for injuries and document them, which is important for your claim.
- Reporting the accident – Make sure the police come to the scene. They will gather important details about what happened. Also, make sure that the bus driver or school district reports the accident so there’s a record of what happened.
- Collecting evidence – If you can, get contact and insurance information from the bus driver and anyone else involved. Take photos or videos of the scene, the bus, any damage, and your child’s injuries.
- Keeping records – Save all records or documents related to your child’s medical care, costs, and any talks with insurance companies. This information is important for your claim.
- Being careful with statements – Don’t say or sign anything without checking with us first. Insurance companies will try to use your words to devalue your claim. Also, don’t post about the accident on your social media.
While no parent wants to deal with a school bus accident, following these steps can help you build a strong claim for your child’s injuries. But again, liability and what actually happened are going to be huge factors in your claim. Thus, it’s important to look at how these accidents happen.
How Do School Bus Accidents Happen in San Francisco?
With so many school buses on the road in San Francisco, it’s no surprise that accidents happen so often. Like most accidents, ones with school buses usually happen due to negligence from someone involved. But specifically, school bus accidents usually happen because of:
- Bus drivers speeding or ignoring traffic rules – Sometimes, bus drivers go too fast or don’t follow the traffic laws, putting everyone at risk.
- Bus drivers being distracted or under the influence – Bus drivers should always focus on the road. If they’re distracted or using drugs or alcohol, accidents are more likely to happen.
- Distractions while the bus is moving – Students or the driver can become distracted on the bus, which can lead to dangerous situations.
- Ignoring bad weather or heavy traffic – Bus drivers need to exercise caution during bouts of bad weather or heavy traffic. If they don’t, accidents can happen.
- Lack of proper training or qualifications – Bus drivers should be well-trained and qualified to guarantee safe driving.
- Overcrowding the bus – If too many children are on the bus, it can become unstable and harder for the driver to keep an eye on all the students, increasing the risk of accidents.
- Using faulty parts or inadequate maintenance – If the bus isn’t properly maintained or has broken parts, it can pose serious dangers and cause accidents.
While it’s difficult to think about, the possibility of your child being involved in a school bus accident in San Francisco is real. Being prepared and working with our team can make the process a little easier if an accident does happen–especially if your child is injured.
Contact Our San Francisco School Bus Accident Lawyers for a Free Consultation
At MJQ Law, our experienced San Francisco bus accident lawyers understand the significant impact an accident can have on your child. We are dedicated to helping your family secure the financial support needed for their recovery. Don’t wait–if your child has been injured in a school bus accident, contact us today for a free consultation.