It’s that time of year again. The kids are back in school. You see the giant yellow buses on the roads. While you silently curse the bus for making you late for work, you also appreciate the fact that they take your kid to school. The last thing you’d expect is for your child to be injured in a school bus accident..
Sadly, these accidents happen all the time. We see tragic stories on the 6 o’clock news all the time, talking about how children were injured or killed in a school bus accident. We either change the channel or say a little prayer for the victims’ families. Nobody wants to be reminded of the fact that these things happen.
However, if your child is hurt while riding on the school bus, you may have a legal claim. The first thing you need to do is to make sure your child is okay. Make sure they go to the hospital and get examined by a doctor. They could have internal injuries, and you wouldn’t even know it. These types of injuries can prove fatal if not addressed right away.
The next thing you need to do is make sure the accident is documented. You need to reach out to the school and find out who owns the bus. It could be owned by the county or a private company. It depends on what school district you live in.
Finally, you need to call an experienced personal injury lawyer. Your child is going to need medical care. You shouldn’t have to pay for this out of pocket. The bus company should be held accountable for these types of accidents. Your personal injury attorney will make sure that happens.
Find Out Who Owns and Operates the School Bus
Who your injury attorney pursues depends on who owns and operates the school bus. Depending on what school district your kids are in, the bus could be owned by the district. Or, it may be owned and operated by a private company.
If a private company owns the bus, you’re going to need to file a claim against their insurance company. Hopefully, it will be approved, and you’ll receive your check-in a week or two. However, your claim could be denied. Or, if a lot of children were hurt in the accident, the company’s policy may not cover all of their damages.
You may have to file a claim against the county or district. Even if they don’t own the bus, that doesn’t mean they’re off the hook. Your injury attorney in Houston will check to see what kind of contract the school has with the bus company. They’ll also look to see if the school district was negligent in selecting the bus company.
Your Houston Injury Attorney Still Needs to Prove Negligence
In order to receive damages, your lawyer still need to prove negligence. Almost all accidents, including those involving school buses, are caused by negligence. To win your case, your lawyer will have to prove the following four (4) things:
- The bus company owed you a duty of care – It’s not hard to prove this. The bus company needs to make sure their drivers are competent and safe. They also need to make sure the bus is in safe working order.
- They breached this duty – Your attorney will have to show that the bus company did something unreasonable. For example, did they fail to have the buses brakes changed when they knew they weren’t working properly?
- Your child was injured – This is why it’s so important that you take your child to the hospital right away. You’ll need medical records to prove their injuries.
- Your child’s injuries were caused by the bus company’s breach – This won’t be hard to prove, either. Now, if a third party was responsible for the crash, the bus company can always call them in as a defendant.
Call an Experienced Injury Lawyer in Houston Today
If your son or daughter is injured in a school bus accident, you need to call a skilled injury law firm in Houston. Your attorney can review your case and let you know if you have a valid claim. They can also let you know what your case may be worth.
Call McDonald Worley today and schedule your free initial consultation. The bus company will have a team of lawyers working for them. You need to have one by your side as well.