When your child goes to school each morning on the bus, you trust that the driver will exercise reasonable caution and that the bus is in safe working order. When school bus accidents in Walterboro happen, they are often very dangerous. If someone’s breach in their standard of care resulted in a school bus collision that caused your child harm, an experienced bus accident attorney from Whetstone Perkins & Fulda could help.
Filing a Claim
If someone’s actions breached their standard of care and resulted in a school bus crash, you may file a claim in Walterboro to seek compensation for the physical, financial, and emotional losses your child suffered. Most school buses are operated by a government entity, which can complicate the legal process.
When you believe the government is responsible for an injury, the filing requirements, pursuant to South Carolina Code § 15-78-10, are strict. Additionally, you have less time to file your claim, and there are caps on the compensation you can secure for your child’s injuries.
It is therefore important that you work closely with a proactive lawyer who has experience successfully handling complex claims.
What Are the Elements of a Claim?
To bring a strong claim after a Walterboro school bus collision, you must prove certain legal elements, which are:
- The responsible party owed your child a duty of care
- The responsible party breached this standard of care in some way
- The breach in care directly caused the bus accident
- Your child suffered damages or losses because of the accident
It is well established that, as a parent, you should be able to trust a school bus to transport your child safely. The at-fault party in a bus accident is often the driver, but the company could also be liable, and multiple parties can share responsibility.
Bus Driver Negligence
Negligent behavior behind the wheel of a school bus can include:
- Exceeding the speed limit or driving too fast for the road conditions
- Driving while distracted
- Driving while impaired
- Failing to follow the rules of the road
- Driving aggressively
- Failing to implement the safety requirements associated with picking up and dropping off school children
When school bus drivers fail to uphold these safety requirements, they not only endanger children but also expose themselves, their employers, and potentially other parties to legal responsibility.
Bus Company Negligence
The bus company can also be directly responsible in a school bus accident case. It is responsible for hiring drivers who meet specific requirements, maintaining its fleet of buses, and implementing the necessary safety standards for transporting children. A failure in any of these areas can make it liable for any resulting accidents.
Regardless of who is liable, you may file your school bus accident claim with the involved public entity’s insurance provider. Proving the exact breach in the standard of care that caused your child to suffer losses is then critical to bringing a successful claim.
Your Child’s Losses
Your bus accident claim is likely to involve a school district or another government agency in Walterboro. There are, therefore, more challenging legalities involved, and the amount of compensation you can pursue could be capped at a specific amount.
It is important to seek a just settlement that addresses each covered category of your child’s losses. Compensation should cover your child’s medical expenses, which can extend far into their future, and their potential lost future earning capacity, which depends on the severity of their injuries. Compensation may also cover your child’s physical and emotional pain and suffering, and the overall impact the accident had on their life.
Contact a Walterboro Lawyer to Discuss School Bus Collisions
School bus accidents in Walterboro are far too common. If someone’s breach of their standard of care caused an accident that harmed your child, you need experienced legal support. At Whetstone Perkins & Fulda, we dedicate our practice to fiercely defending your rights. Contact us today for more information about how we could help you.
