Many children across Canada rely on school bus transportation to and from centres of education, as well as a means of transport for athletic events and school excursions. A school bus is designed to protect children in case of a crash; Ontario bus drivers are licensed to specifically drive school buses, receive specific training and must maintain a good driving record to operate any school bus vehicle. School buses throughout the country are often reviewed throughout the year to meet the mandated safety standards which are established by Transport Canada. While a school bus is deemed safer than traveling by car, your child is still susceptible to being involved in a motor vehicle accident resulting in injury; it is important to know your rights as a parent and what to do if someone in your family is injured in a school bus accident.
Preventing Injuries:
Many people wonder and ask the Ministry of Transportation of Ontario: Why are there no seat belts provided on a school bus? Since school buses carry students as young as four and as old as eighteen, it is difficult to make sure each passenger is wearing their seat belt in the correct way, with proper adjustments. Dummies used in crash tests on have shown that using a seat belt in the current seating arrangement found on school buses actually increases the chance of major injury, such as head and neck trauma. To prevent as much physical harm to passengers as possible, school buses are designed and built to have things such as high back supports, seat cushions made with shock-absorbing material, as well as strong seat anchorages. Furthermore, it has been shown in studies that with seats being placed closer together, seat formed compartments provide safer limits of motion within the bus than in a car.
Every school bus has a “danger zone” which is a blind spot around the bus where the driver cannot see a child. It is said that if a child is standing close enough to touch the bus, he or she is standing in the “danger zone” and are more susceptible to injury. The most lethal school bus injuries happen when a student or adult teacher/chaperon are getting on or off the bus. For this reason, it is important to follow certain safety precautions.
Boarding a Bus
*Make sure the school bus is at a full stop before attempting to board or get off the bus
*Do not play in ditches or snowbanks found around school bus stops
*Avoid the “danger zone” by keeping a distance from the bus until it stops, and the driver has opened the door
*Be sure to sit down as soon as possible, once boarding the school bus
*Face forward at all times when sitting on the bus
*Keep your arms and head inside the bus at all times
Crossing The Street
The Ministry of Transportation in Ontario suggests keeping approximately 10 steps away from the bus, and 10 steps forward to avoid the “danger zone”. Be sure to follow these steps before crossing in front of a school bus.
*Wait for the driver to signal to you to safely cross in front of them; they will make sure there are no passing cars hidden in your blind spot, behind or beside the school bus.
*Be sure to look both ways before crossing the street
*Ensure that all cars on the road can see you before attempting to cross the street
*Walk across the street, never run
Overall Safety of a School Bus
In the U.S there is a reported 17,000 children treated in hospital for injuries associated with school buses each year. The majority of the injuries are sustained when a child is riding the bus, getting on or off the bus, or waiting/standing near the bus. The majority of injuries are caused by motor-vehicle accidents, but luckily, due to the design of school buses and the safety precautions enforced, the majority of these injuries are considered minor. Regardless though, minor injuries, whether endured by a child or adult passenger, can be disabling. Such injuries include:
– sprains
– strains
– scraps and bruises
*If you are an adult who has sustained a sprain or strain on a school bus or in a school bus related accident, and have received a denied disability claim, contact a personal injury lawyer as soon as possible. You are entitled to a leave from work and proper medical attention if you injury is preventing you from carrying out your employment duties or is affecting your overall mobility.
Driver Safety
As a driver on the road, it is important that you are aware of areas that have school crossings, school bus stops, or are populated with school children. It is your responsibility to follow the speed limit, as well as make all the required stops and yield around a school bus. School zones are marked because children tend to be more aloof about their roadside safety. As a driver, it is important to be aware and watch out for walking or bicycling children. Traveling at a reduced speed allows you to stop safely in case a child runs onto the street or falls off a bicycle.
Sustaining an Injury
If you or your child has sustained an injury while being involved in a school bus accident, there are several parties that may be held liable. For this reason, school bus injury cases are often complex and we highly suggest that if you or a loved one has been injured or involved in a school bus accident, to contact an injury lawyer as soon as possible.
Liable Parties
*The most common accidents occur due to a school bus driver’s negligence. In this case, the bus driver is held liable for the victim’s injury. Furthermore, the employer of the school bus driver may also be held liable.
*If a school bus accident is caused by a defective part, such as a blown tire or bad brakes, the liable party is often the manufacturer of the school bus itself.
*When the school bus accident involves other vehicles on the road, such as in the case of a collision, the liable party would be the driver who is at fault for the collision.
When a school bus accident occurs due to a school bus driver’s negligence, often the owner and operator of the bus will be held liable as well. Most often the owner and operator of school buses throughout Ontario are the school districts themselves. When the school district is held as the liable party for a school bus accident or school bus injury, legal cases can become complicated. Since school districts are branches of the provincial government, one may face heavy push back and intense legal battles when pursuing a legal claim. This is one of the main reasons why it is important to contact an attorney who specializes in disability and injury law, as soon as possibly . Once legal council is sought, you will avoid a lot of unnecessary stress and economical loss, as well as initiate the legal process punctually. There are different deadlines and filing processes that must be followed when pursuing a claim against the government and an experience lawyer is absolutely necessary.
Filing an Insurance Claim
If you have been involved in a school bus accident and are seeking short-term or long-term disability benefits, you may be faced with a tiresome insurance claim process. Because of the complex nature of school bus accidents, and identifying the liable party, insurance claims for short-term disability or long-term disability can require lengthy wait times and often push back from insurance companies. It is important that you provide all needed medical documentation and accident evidence (such as police reports and photographs) as soon as possible after a school bus accident has occurred.
It is important to note that if the school bus is held liable for the accident or injury, you will be compensated by their own liability insurance coverage. The value of the school bus policy may be divided between you and other victims of the accident. It is important to seek legal representation from an insurance claim lawyer/ personal injury lawyer as soon as possible if the school bus driver is found to be the liable party. Seeking compensation from their insurance requires the knowledge and endurance of a well experienced lawyer who is ready to fight against insurance companies defending a negligent bus driver.
School Bus Liability & Damages
Liable parties in a school bus accident are legally pursued in different ways. As mentioned above, liable parties can include the school district, the school bus manufacturer, or another driver on the road. There are different filing processes for each claim, and one is entitled to different damages depending on these processes.
Once you have successfully filed an injury claim against the liable party for a school bus accident and/or school bus injury, the victim may be compensated for both economic and non-economic damages. Economic damages are meant to cover any medical expenses or loss of wages endured by the victim and/or their caregiver (such as the parent). In Ontario, this would be for any expenses not covered by OHIP, including the need for braces, wheelchairs, physiotherapy, etc. Non-economic damages are awarded to compensate for any pain and suffering endured by the victim and their families.
Contacting an Attorney
TSF Law urges you to contact a personal injury lawyer as soon as possible after a school bus accident has occurred. Beginning a legal investigation in a timely manner is important to your case and is in your family’s best interest. Identifying the responsible party for the accident/injury will enable your attorney to begin the paper work and communicate with all needed parties, including insurance companies, while you can solely focus on you or your child’s recovery. Avoiding all additional stress after a bus accident is important to your physical health and well-being. TSF Law is a highly experienced law firm which specializes in personal injury and disability/insurance claim disputes. Our legal team prides itself in providing the best customer service and legal representation to our clients; contact us today for a free legal consultation.
