School Bus Collisions

Episode 47: Western Kentucky injury attorney Jeff Roberts discusses school bus collisions resulting in injuries to the students. These cases can be complicated by factors such as sovereign immunity. Jeff explains how these cases are generally handled and who may be held accountable, when negligence is involved.
School Bus Collisions Are Generally Handled as Personal Injury Claims
Jeff begins by reminding us that a school bus involved in a collision with another vehicle, resulting in injuries, is generally a personal injury claim. There may be multiple students injured. If a commercial vehicle is involved, it adds additional factors to be considered.
Seek Medical Treatment for Your Child
Children are resilient. However, they may have pain from injuries they can’t easily explain. Take your child to a doctor to have them checked out. It’s possible they’ve sustained a concussion or other brain trauma, which might not be physically noticeable.
Traumatic Brain Injury
A bus wreck could easily result in the driver or passengers sustaining a traumatic brain injury. These can occur at relatively slow speeds. The brain collides with the interior of the skull often resulting in some type of mild or traumatic brain injury.
Students may not show cuts or bruises on their heads, but that doesn’t mean a brain injury has not occurred. These are internal injuries.
Symptoms Indicating a Potential Brain Injury
There are symptoms parents should keep an eye out for, if their child has been involved in a collision. Changes in your child’s behavior, speech or abilities may be directly indicators of a brain injury. Jeff provides a several common symptoms:
• Mood Swings, including Anger
• Memory Issues
• Difficulty Focusing or Concentrating
• Changes in How They Speak or What They Might Say
• Change in the Child’s Sense of Smell
Wrongful Death Claims
Tragically, it’s possible that one or more students could die either at the time of the collision, or due to the injuries sustained in the collision. Should this happen, the parents may decide to pursue a wrongful death claim. The parents may also have a loss of consortium claim. This is not a situation any parent wants to face.
What Is Sovereign Immunity and Why Does It Matter?
Sovereign immunity refers to the fact that the government is immune to being sued, unless they have waved that immunity. In a school bus crash, if the bus driver was the negligent party (i.e. he/she ran a stop sign), you can pursue a claim against the driver and the school board.
In Kentucky a city school district is usually not entitled to sovereign immunity, but a state or county school district could claim immunity.
Mechanical Failures Causing a School Bus Crash
Assume a bus tire blow out leads to a collision. The claim would be filed against the school bus mechanic or supervisor, who are supposed to maintain the equipment. It may be possible to also file a claim against the school system. Mechanical failures could include brakes, turn signals, brake lights, headlights and many other equipment-related issues.
Third-Party Negligence Claims
This is type of claim would be involved if another driver causes the collision. The issue parents need to understand is that even if the attorneys are able to get the policy limits from the at-fault driver’s coverage, those funds will be divided up among all of the injured students involved as a result of the crash.
The attorney handling the injured student’s claims may be able to find insurance on the school bus or coverage in the parents own policies to provide additional sources to pay for the medical expenses and other damage. This is usually Underinsured Coverage (UIM) or Uninsured Motorist Coverage (UM).
No-Fault Coverage (“PIP Coverage”)
In Kentucky, this important source of coverage is available to every passenger on the bus. This coverage would help cover medical expenses and certain other expenses. It will usually provide $10,000 of coverage for each injured victim. Unlike the normal insurance coverage of the at-fault driver, the $10,000 would not need to be divided among the victims.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County and Christian County, Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your School Bus Injury Claim?
The office phone number is [phone] or toll free at 800-844-5108. Visit www.JeffRobert.... This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.