When you wave goodbye to your child before they board the school bus in California, a collision is the last thing you want to happen. As a parent, it is natural to want your child’s health and needs to be taken seriously if they suffer injuries after such an accident.
Navigating the aftermath of a bus crash often involves unique legal rules that can complicate the claims process. By understanding these guidelines, you can act swiftly to protect your child’s long-term recovery and future.
The complexities of the higher duty of care
In California, school buses are often classified as common carriers by law. Anyone operating a common carrier is held to a higher standard of care to be vigilant to ensure passenger safety.
However, due to this legal obligation, it can be more difficult to determine who is liable after a school bus accident. Aside from the bus driver, the school district, private contractors and third-party motorists can also share fault.
The strict 6-month deadline
If a public school district or government entity operates the bus, you must follow the California Tort Claims Act when filing an accident claim. These entities have sovereign immunity, which can shorten the usual two-year statute of limitations to six months.
The circumstances around the school bus accident can be exceptions to these government protections, as long as you can prove the following:
- Dangerous bus conditions
- Mandatory duty breaches
- Employee negligence
- Student supervision failures
The at-fault parties have a legal requirement to carry some type of comprehensive liability insurance to help manage financial risks. Acting promptly while properly filing a claim within the deadline can increase your chances to pursue compensation from those policies.
Helping your family move forward
After getting your child medical care following a bus crash, you also have the right to secure support for their physical and emotional recovery. Seeking legal guidance can help you gather the evidence needed to file a claim against the responsible party. By doing so, your family can start healing from this tragedy.
