School Bus Accidents

Unlike many other motor vehicle accidents, school bus crashes often involve buses that are owned or operated by school districts, Boards of Education, or private transportation companies under contract with public schools. Many families assume that school buses are the responsibility of schools or school districts, so dealing with the complexity of identifying liable parties and pursuing a claim can be overwhelming.

For decades, The Law Office of Mark A. Siesel has represented individuals and families throughout New York who have been injured because of someone else’s negligence. From offices in the White Plains and Peekskill, our firm has handled school bus accident claims and a wide range of personal injury cases, providing experienced legal guidance at every stage of the claims process. If your child has been injured in a school bus accident, contact The Law Office of Mark A. Siesel today to schedule a free consultation.

Why School Bus Accident Cases Are Different

Unlike many vehicle collisions, school bus accidents often involve legal issues that make pursuing compensation more complicated. Depending on the circumstances, a claim may involve a public school district, a private transportation company, a municipality, or another negligent motorist. Identifying who is legally responsible requires a thorough investigation into the ownership and operation of the bus, the driver’s actions, maintenance records, and any applicable contracts between the school district and transportation providers.

School bus accidents also tend to involve multiple victims and significant evidence. A single collision may injure dozens of children, school employees, pedestrians, or occupants of other vehicles. Acting quickly to preserve this evidence is often critical to building a strong claim.

Another factor that sets these cases apart is that some school buses are owned or operated by government entities. When a public school district or municipality may be responsible, injured victims could be subject to additional procedural requirements and shorter deadlines than those that apply in ordinary personal injury cases. Missing these requirements can jeopardize an otherwise valid claim.

Common Causes of School Bus Accidents

School bus accidents can happen for many of the same reasons as other motor vehicle collisions, but they may also involve factors unique to transporting children:

• Driver negligence: Unlike the average motorist, school bus drivers are entrusted with transporting a particularly vulnerable group of passengers. Because of this responsibility, they are expected to exercise an especially high degree of care while operating the vehicle. They are subject to federal, New York State, and local school transportation regulations that don’t apply to ordinary drivers. When drivers fail to follow the rules or drive recklessly, they can be held liable.
• Inadequate driver training: A 2020 State Comptroller audit found that the New York State Education Department found potential lack of assurance that school bus drivers and other parties responsible for school bus safety had adequate training. In response, New York City launched a renewed effort to ensure school bus driver training. However, since schools sometimes rely on private contractors or a hybrid model for school transport, some drivers may lack adequate training and experience.
• Improper bus maintenance: Mechanical issues can contribute to preventable collisions. The school districts or private providers of school transport are expected to maintain their fleets and can be held liable if they fail to do so.
• Negligence by other motorists: Many school bus accidents occur because another driver illegally passes a stopped school bus or otherwise drives recklessly.
• Hazardous road conditions: Poorly maintained roads, construction zones, and inadequate signage can increase the likelihood of a crash, particularly if drivers fail to adjust to changing conditions.
• Defective vehicle components: In some cases, a manufacturing or design defect involving the bus or one of its parts may play a role in causing the accident. In these cases, the manufacturer of the bus or component can be held liable.
• Unsafe loading and unloading procedures: Children may be injured if a bus driver fails to ensure it is safe before allowing students to enter or exit the bus, or if proper safety procedures are not followed at designated stops.

A school bus accident cannot always be attributed to a single mistake or one negligent party. Instead, several factors may combine to cause a collision. For example, a bus driver may be traveling too fast for road conditions while another motorist fails to yield the right of way, or inadequate vehicle maintenance may worsen the consequences of a driver’s error.

Common Injuries in School Bus Accidents

Although school buses are designed with many safety features, most school buses do not have seat belts for every passenger. School buses are also much larger and heavier than most other vehicles, meaning the forces involved in a collision can be substantial. Even a sudden stop or sharp turn—without a collision—can cause passengers to be thrown from their seats. As a result, school bus accidents can cause a wide range of injuries to children, drivers, bus aides, and others involved in the crash:

• Traumatic brain injuries (TBIs): A blow to the head can result in concussions or more severe brain injuries with lasting cognitive, emotional, or physical effects.
• Spinal cord and back injuries: The force of a collision or sudden movement can damage the neck, back, or spinal cord, potentially leading to chronic pain, limited mobility, or permanent disability.
• Broken bones and fractures: Children may suffer fractures to the arms, legs, ribs, wrists, or collarbone after being thrown from their seats or struck by loose objects inside the bus.
• Neck and soft tissue injuries: Whiplash and injuries to muscles, tendons, and ligaments are common, particularly in rear-end collisions or abrupt stops.
• Facial and dental injuries: Contact with windows, seat backs, handrails, or other passengers may cause broken teeth, facial fractures, eye injuries, or significant lacerations.
• Internal injuries: Blunt-force trauma can damage internal organs or cause internal bleeding, injuries that may not be immediately apparent but require prompt medical attention.
• Cuts, bruises, and abrasions: Flying debris, shattered glass, or impact with the bus interior can result in painful lacerations and contusions that may require stitches or leave permanent scarring.
• Psychological and emotional trauma: Children and adults involved in a serious school bus accident may develop anxiety, depression, or post-traumatic stress disorder (PTSD), particularly if the collision resulted in severe injuries or fatalities.
• Catastrophic injuries and wrongful death: In high-speed crashes, rollovers, or collisions with large commercial vehicles, victims may suffer life-altering injuries such as paralysis, amputations, or fatal injuries.

Because children are still growing and developing, injuries sustained in a school bus accident may have consequences that extend well beyond the initial recovery period. Some injuries require ongoing medical treatment.

The Long-Term Impact of School Bus Accidents on Children and Families

A school bus accident can have consequences that extend far beyond the initial injuries. For many children, the physical recovery is only one part of the healing process. Serious injuries may require multiple surgeries, ongoing rehabilitation, physical therapy, or accommodations at school that affect their education and daily routine. Even after visible injuries have healed, some children continue to experience chronic pain, emotional trauma, anxiety, or post-traumatic stress that can influence their confidence, relationships, and overall development for years to come.

The effects of a school bus accident often ripple through the entire family. Parents may need to take time away from work to attend medical appointments, provide daily care, or advocate for educational accommodations, resulting in lost income and added financial strain. Siblings may also feel the impact as family routines change, household responsibilities shift, and parents devote additional time and attention to the injured child. The emotional stress of worrying about a loved one’s recovery can affect every member of the household.

When a child suffers a permanent disability or lasting impairment, families may face significant long-term expenses. Future medical treatment, rehabilitation, assistive devices, counseling, home modifications, and specialized educational services can place an enormous financial burden on parents. In some cases, an injury may even affect a child’s future ability to pursue certain careers or participate in activities they once enjoyed.

While no legal claim can undo the trauma of a school bus accident, pursuing compensation can provide families with the financial resources needed to move forward. A successful claim may help cover medical expenses, rehabilitation costs, future care, lost household income, and compensation for the child’s pain and suffering and diminished quality of life.

What Should You Do After a School Bus Accident?

Here’s what to do after a school bus accident to protect your child:

• Seek medical attention immediately. Children, in particular, may not immediately recognize or communicate the symptoms of a serious condition, so always get a full medical evaluation.
• Document your child’s injuries and recovery. Keep copies of medical records, treatment plans, prescriptions, photographs of visible injuries, and notes about your child’s symptoms, pain levels, and limitations. This documentation can become important evidence if you pursue a claim.
• Obtain information about the school bus. If possible, gather the bus number, the driver’s name, the name of the school district or transportation company, and the names of responding law enforcement agencies. Unlike a typical car accident, identifying the bus operator and owner may be essential to determining who is legally responsible.
• Report the incident to the appropriate parties. In addition to any police investigation, notify your child’s school or the school district if you have not already been contacted. Request information about any incident reports or investigations conducted by the district.
• Preserve any available evidence. School buses are often equipped with surveillance cameras or GPS systems, and maintenance records, driver qualification files, and inspection reports may become important evidence. Because some of this information may not be retained indefinitely, it is beneficial to begin preserving evidence as soon as possible.
• Avoid discussing fault or accepting explanations before the facts are known. Multiple parties may share responsibility for a school bus accident, and the cause is not always immediately apparent. Allow the investigation to determine what happened before making statements about liability.
• Consult an experienced attorney promptly. School bus accident claims can involve unique legal procedures and, in some cases, shorter deadlines when a public school district or municipality is involved. An attorney can investigate the accident, identify all potentially liable parties, preserve critical evidence, and ensure important legal requirements are met.

Because school bus accidents often involve more parties, more evidence, and more complex legal issues than an ordinary car accident, it is important to act quickly.

Contact Us for a Consultation

A serious school bus accident can result in mounting medical bills, lost income, ongoing rehabilitation, and lasting pain and suffering. The Law Office of Mark A. Siesel aggressively pursues compensation for both the financial and personal losses clients experience, seeking damages that reflect the true impact of an injury. Schedule a free consultation today to learn how the firm can help you pursue the compensation you deserve.