School Bus Accident Claims & Compensation
Who you claim against changes everything. If a public school district bus injured your child, Florida’s sovereign immunity law applies (Fla. Stat. § 768.28): a formal pre-suit notice to the district, a statutory investigation period, and caps on damages.
If a private bus contractor, another driver, or a maintenance company is at fault, a standard negligence claim proceeds without those limits, and districts increasingly outsource busing, so the contractor route is often available. Claims for injured children also require court approval of settlements and can toll deadlines during minority, but never rely on tolling; evidence disappears at adult speed.
Establishing Negligence in a School Bus Accident Claim
Once you establish that your child has sustained an injury due to a school bus accident, you must determine the negligent party. This is where having an experienced personal injury attorney and school bus accident lawyer on your side becomes essential, as there are several possibilities. To ensure the best chances of securing the settlement you deserve, you must file a claim against the correct individual or party.
The School Bus Driver
One possibility is that the school bus driver is the negligent party and that their actions resulted in the accident. The school bus driver may have been speeding or disobeying traffic laws, or they may have been on the phone while driving. If this is the case, your school bus accident lawyer will advise you on the best route to take when filing your claim. Determining whether to file suit against an individual or the school district can be tricky.
The Bus Company
Another possibility is that the company that owns the school bus is the negligent party. Perhaps they failed to properly maintain the vehicle, leading to a mechanical failure that resulted in an accident.
Other Drivers On the Road
It is also possible that the school bus accident is not the fault of either the driver or the company that owns the bus. Other drivers on the road may have caused an accident. Perhaps another vehicle was speeding or cut the bus off in traffic. If another driver is the negligent party in this case, your school bus accident lawyer will help determine how to file a personal injury claim with their insurance company or to file a lawsuit.
Third Parties
Still, it’s possible that none of the above situations apply to the accident. Companies often operate school buses as fleets and outsource much of the preventative maintenance and upkeep of the vehicles. It is possible that a third party, such as a mechanic shop, made an error while working on the vehicle that caused the bus accident.
What To Do If Your Child Is Injured In A School Bus Accident?
Seek Immediate Medical Attention
If EMS is at the scene of the accident and you arrive, you must follow the advice of medical professionals. If they recommend you take your child to an emergency room or urgent care center, it is best to do so immediately. Sometimes, the school may not notify you until after the accident, when your child is back on school property. If so, take your child to their primary care physician.
Injuries are not always immediately apparent. While your child may not be in pain immediately, injuries may surface days or weeks later. For this reason, it’s best to have them evaluated as quickly as possible. This medical documentation will be the basis for your personal injury claim. Be sure to keep all medical records and receipts, and to follow all medical recommendations.
How a Bus Accident Injury Lawyer Can Help
Having the best personal injury attorney on your side is crucial because there are so many details to examine when looking at a school bus accident. At the Weinstein Legal Team, our trusted team will investigate the accident, gathering all of the facts to help determine the appropriate party to file a claim or suit against.
This involves gathering information from police reports, eye witness testimony, speaking with you and your child, and contacting the insurance companies and opposing party’s attorney for information. Your attorney will keep you informed every step of the way, letting you know the next steps to take and how the case is progressing.
A claim against the state, a county, a city or a school district has an extra step. Florida Statute 768.28(6)(a) requires written notice of the claim to the agency, and for state claims also to the Department of Financial Services, within three years of the injury (two years for wrongful death), and the lawsuit cannot be filed until the agency denies the claim or six months pass. Florida Statute 768.28(14) then gives you four years from the date the claim accrued to file the suit itself, except that a medical malpractice or wrongful death claim against a government body keeps the two-year period in Florida Statute 95.11(5).
