vehicle or while children are boarding or getting off a bus. Most school buses are not equipped with safety belts. Consequently, children are especially vulnerable to injury when they fall out of their seats during crashes or when bus drivers brake suddenly or make sharp turns.
Of course, a negligent school bus driver can also cause an accident which injures passengers in other motor vehicles or pedestrians on the street. In Virginia, when a child is injured or killed in a school bus accident through the bus driver's negligence, the child and his parents have a limited claim against the bus driver and the driver's employer, usually a local school board. The same limitations apply to the occupants of other vehicles and pedestrians who are injured through the negligence of a school bus driver. Because the driver is a government employee, under the doctrine of sovereign immunity, he enjoys immunity from lawsuits for his acts of simple negligence. He can be held liable only for acts of gross negligence.
What is gross negligence? Gross negligence is a degree of negligence which shows such indifference to others that it constitutes an utter disregard of caution amounting to a complete neglect of the safety of another person. Gross negligence can be difficult to prove. Allen, Allen, Allen and Allen attorneys and their trained investigators will gather and examine the facts surrounding a school bus accident and determine whether there may be a case of gross negligence against the driver.
In contrast, the school board itself is not entitled to the same blanket defense of sovereign immunity as its drivers. It may be held vicariously liable for acts of simple negligence committed by its driver. As a result, it can sometimes be easier to pursue a claim against a school board than it is to prosecute a claim against the negligent bus driver.
There are strict limits regarding the dollar amount a claimant can recover from a school board. When a locality or school board carries liability insurance on its school buses, a claimant may collect up to, but not beyond, the limits of the valid and collectible insurance in force at the time of the injury. Minimum limits for such policies, including uninsured motorist coverage, are $50,000 for injury, including death, to one person, and $200,000 for injury, including death, to all persons injured in any one accident. If a locality or school board has obtained a valid certificate of self-insurance, a claimant can recover no more than the minimum limits of $50,000/$200,000. These insurance coverage issues are complex and confusing. Allen, Allen, Allen and Allen attorneys can guide you through this maze and help you maximize the recovery you are entitled to receive.
In school bus cases against a school board or other governmental entity, all claimants must comply with statutory notice requirements and notice deadlines. Where a city or county is a defendant, for example, plaintiffs must file written notice of their claims. This written statement must be received by the town attorney or other specially designated official within six months after the accident. Tolling provisions may extend this deadline for persons who are incapacitated or under age 18. However, you should never rely on tolling provisions without first consulting an attorney.
If you fail to give timely notice in a case involving a school bus, you may lose the right to pursue your claim. You can also lose your claim if your written notice does not contain all the information required by law. The school bus accident attorneys at the Allen Law Firm can help you sort through the statutes and case law applicable to your specific case. We can advise you regarding written notice requirements and the critical filing deadlines you face.
