In February of this year, a baby was seriously injured when a school bus hit the driver’s car in New Jersey. At the time, there was no indication who went through the intersection illegally, but the bus struck the car, completely crushing the side of the vehicle. The baby and two others were rushed to the hospital with injuries. Unfortunately, school bus accidents happen every year, sometimes putting drivers, children, and more at stake for injuries and fatalities. But when does it make sense to file a lawsuit for your injuries?
Important Things to Ask
Before you sue, there are some things that you must ask yourself. For instance, who was at fault? To prove fault in any personal injury case, you will have to prove that somebody was acting negligently, leading to the accident and your injuries. In some types of accidents, it may be easy to determine who is liable, and in others it may not be so clear. For instance, left-turn collisions are almost always the fault of the driver who was making a left turn because the other driver almost always has right of way.
You must also ask yourself if the bus driver was an agent of the school. This will help you understand how the employer can play an important role in your case. Liability in these unique situations is not always as easy as it seems. Sometimes, transportation is contracted to a private bus company, and in other cases the bus is owned by the district and the driver is employed through them. Determining the entity who is responsible for the lives of children and other drivers sharing the roadways is your best option – which could be the school district itself, a private bus company, or the driver.
If a public school district is involved in your case, there may be some procedures to follow in your special case. You may, for instance, have to file a tort claim and wait for a response before you must file a lawsuit. You must also consider the statute of limitations on these cases and remember caps on personal injury damages. Yes, there are many complex laws that govern these unique cases. Either way, you are entitled to personal injury damages when a bus accident has caused you turmoil in your life. Call us today at Maggiano, DiGirolamo & Lizzi for more information on how to handle your personal injury case.