School buses are one of the safest modes of transportation in the United States. However, accidents can still occur, often leading to injuries for the children on board. When school bus accidents happen, there are special legal and liability considerations that come into play.
Keep reading for a guide to school bus accidents: special considerations.
School District Liability
Most school buses are owned and operated by the school district. This means the school district can be held liable if one of their buses is involved in an accident due to issues like:
- Mechanical defects or inadequate maintenance
- Negligent hiring or training of the school bus driver
- Dangerous bus stop locations
- Failure to establish and enforce safety policies
School districts have a duty to ensure their buses are safe and that drivers are properly trained. They must also implement and monitor policies around loading/unloading, bus routes, passenger conduct, emergency procedures, and more.
If an accident occurs due to a breach of these duties, the district may face legal consequences. Plaintiffs will gather evidence like maintenance logs, personnel files, and policy manuals to prove negligence.
School Bus Driver Liability
School bus drivers must adhere to strict standards under Nevada law to ensure child safety. Drivers must pass background checks, meet licensing requirements, and complete training on safely operating the bus and managing student behavior.
If an accident occurs due to driver negligence, such as:
- Driving recklessly or while distracted
- Speeding or tailgating
- Ignoring traffic signs or signals
- Improper turning or lane changes
- Failing to properly use mirrors or blind spots
The driver can be personally named in a lawsuit along with the school district. Their commercial driving license may also be suspended or revoked. Drivers have a duty to exercise reasonable care and follow applicable traffic laws. Violating these duties makes them liable for any resulting injuries.
Special Licensing and Training Requirements
The state of Nevada has special licensing and training requirements for school bus drivers beyond a typical commercial driver’s license (CDL). Drivers must:
- Pass a Nevada Department of Education background check
- Obtain a School Bus Driver Certificate with the DMV
- Complete classroom and behind-the-wheel training programs
- Pass an annual medical examination
- Adhere to drug and alcohol testing policies
If a driver had a lapsed or invalid special license at the time of an accident, it provides evidence of negligence on their part and the district’s. Plaintiffs can subpoena DMV records to prove certification failures.
Seat Belt Considerations
Unlike regular passenger vehicles, most school buses do not have seat belts. The vehicles are designed with high backed, padded seating and other passive safety features to protect children in collisions.
However, lack of seat belts can increase injury risk in accidents. If seat belts are not properly worn, children may be ejected from seats or collide with the interior of the bus. Plaintiffs may argue the bus company or district was negligent in failing to install seat belts that may have reduced injuries.
Nevada does not currently require seat belts on school buses. But the National Highway Traffic Safety Administration recommends them, and manufacturers have started equipping buses with three-point lap and shoulder belts. As more districts add seat belts, accident injuries may decline.
School Liability for Bus Stop Injuries
Children are especially vulnerable when entering or exiting the school bus or waiting at bus stops. Accidents during this time, such as being hit by a passing motorist, can raise questions over school liability.
Factors like how visible the bus stop is, proximity to traffic, and supervision can determine whether the school failed to take appropriate precautions. Schools have a duty to ensure bus loading and unloading is conducted safely.
For bus stop accidents, plaintiffs may name both the school and the negligent driver who hit the child in a lawsuit. The school may be liable for things like:
- Poor bus stop placement without adequate lights, signs, or visibility
- Failing to provide crossing guards at dangerous intersections
- Not training children how to cross safely after unloading
Damages in School Bus Accident Lawsuits
If your child is injured in a school bus accident caused by another party’s negligence, a Las Vegas bus accident lawyer may be able to help you claim compensation for the following damages:
- Past and future medical expenses
- Pain and suffering
- Temporary or permanent disability
- Emotional distress
- Disfigurement or loss of normal life activities
- Lost earning capacity
Parents can also recover damages related to:
- Lost wages from time off work to care for the child
- Cost of hiring in-home care
- Counseling to cope with psychological trauma
Holding the responsible parties fully accountable can ensure your child gets the care and compensation they deserve.
Nevada’s Modified Comparative Negligence Laws
Nevada follows modified comparative negligence rules. This means a plaintiff whose own negligence contributed to their injuries can still recover damages, but the award will be reduced based on their percentage of fault.
For example, if a child was negligent by standing too close to the road at the bus stop, but a speeding driver bore most of the fault for striking them, the child can still win damages. Their payout will be reduced by their portion of responsibility.
Special Rules for Government Defendants
Since school districts are government entities, they have certain legal protections regular defendants lack. Plaintiffs must comply with shorter statutes of limitations, usually two years or less.
They must also formally notify the school district they plan to file suit within six months of the accident. This allows time for internal investigation and settlement negotiations.
If a settlement isn’t reached, government defendants like school districts cannot be sued for punitive damages under Nevada law. Plaintiffs can only seek compensation for actual economic and non-economic losses.
Contact a School Bus Accident Attorney
The aftermath of a school bus accident can be complex for families. Statutes, insurance policies, and multiple potential defendants require an experienced bus accident attorney Las Vegas.
The Las Vegas school bus accident lawyers at Karns & Karns Personal Injury and Accident Attorneys provide compassionate, dedicated representation for injured students and parents. We have extensive experience negotiating maximum settlements and skillfully trying school bus injury cases in court when needed. Contact our office for a free, no-obligation consultation at 800-4THE-WIN (800-484-3946). Our team is here to help your family recover and move forward during this difficult time.
