School Bus Accident in Long Beach: Can You File a Claim?

If your child is hurt in a school bus accident in Long Beach, you may file a claim to receive monetary compensation for the damages, regardless of whether they attend a public or private school. However, the circumstances of the crash may affect the outcome of the case.

Read on to learn how to file a personal injury claim if your child is injured in a school bus accident in California.

What Constitutes a School Bus Accident in Long Beach, CA?

Millions of children travel on school buses every school day. Unfortunately, there are instances where school bus accidents happen in Long Beach, California. According to California Vehicle Code § 12517.1, California recognizes school bus accidents under the following circumstances:

A motor vehicle collision involving a school bus, youth bus, school pupil activity bus, or general public paratransit vehicle transporting a student that causes property damage exceeding $1,000 or results in bodily injury, whether it happens on public or private property.
An accident between a vehicle and either a student or a school bus driver while they are crossing the street at a time when, under Section 22112, the school bus’s flashing red signal lights must be activated or when the school bus has stopped to pick up or drop off students.
An injury caused by a vehicle’s acceleration, deceleration, or other motion to a student inside.

The California Highway Patrol Department is responsible for examining all school bus accidents. However, accidents that exclusively result in property damage and occur entirely on private property will only be investigated if they violate this code.

How Do School Bus Accidents Happen?

According to the National Highway Traffic Safety Administration, school buses are widely regarded as one of the safest modes of transportation for students. Children riding on school buses are involved in less than 1% of all traffic fatalities. However, NHTSA also noted that kids are more at risk when approaching or leaving a school bus. Unfortunately, 113 occupants of school buses died in a traffic collision, 48 of whom were drivers and 65 were passengers, from 2014 to 2023.

There are several reasons why school bus accidents in Long Beach, California, happen. However, the most apparent factors that contribute to these traffic issues are the following:

Lack of Seatbelts

When a driver suddenly halts their vehicle to evade a dangerous scenario, the impact may cause the occupants to hit objects inside the vehicle. The absence of seat belts and other safety enhancements in automobiles can amplify severe injuries in bus collisions.

Driver Fatigue

Exhausted bus drivers may react more slowly and make poor decisions, which raises the possibility of accidents.

Driver Error

Driver error is one of the primary reasons for school bus collisions. Some examples are driving while distracted, going excessively fast, running red lights, neglecting to yield the right of way, and following too closely.

Other Vehicle Actions

Accidents may occur when other vehicles fail to stop or yield to a school bus while picking up or dropping off students. Unlawful passing by vehicles on a halted school bus might result in hazardous circumstances.

Weather Conditions

Unfavorable weather conditions like rain, fog, or snow can make it difficult to see and make the roadways hazardous. These circumstances raise the possibility of school bus accidents.

Mechanical Errors

Errors in the mechanical system, like brake failures or tire blowouts, can lead to accidents. Regular maintenance and inspections are essential to avoid these problems.

Road Conditions

School buses and other vehicles may be dangerous on poorly paved or maintained roads with potholes and uneven surfaces.

School bus safety is a top priority. Safety practices can help reduce the risk of school bus accidents, such as driver training programs, rigorous rules governing school bus stopping, and safety measures on buses. However, accidents can still happen, so everyone on the road needs to be cautious and adhere to safety regulations to ensure the safety of students and others.

Are There California Laws About Bus Driving?

There are several California laws regarding school bus driving to guarantee the safety of all road users, especially children inside or passing through a moving bus. These laws include the following:

California Civil Code § 2100

Drivers of school buses must ensure extra care and safety when transporting children. According to California Civil Code 2100, a person or organization transporting people for compensation must take the utmost precautions and care to ensure occupants are transported safely. In addition to providing the required resources, they must use a suitable skill level to accomplish this duty.

California Vehicle Code § 21702

California Vehicle Code 21702 imposes restrictions on the duration of driving hours for both bus and truck operators. According to this provision, bus drivers are prohibited from:

Driving for over ten consecutive hours within a single day.
Driving for more than ten hours during a 15-hour time frame.
Driving for more than ten hours daily unless they have had at least 8 hours off-duty.

California Vehicle Code § 22454

California Vehicle Code 22454 prohibits a driver from overtaking a school bus under the following conditions:

When the bus is stationary, it is used to pick up or drop off school children.
When the bus exhibits flashing red lights or a stop sign arm.

As such, a “stop signal arm” is a mechanism extended outward from the side of a school bus, serving as a signal to other drivers not to pass the bus because it has halted to load or unload passengers.

Drivers must also wait until the flashing red signals or the stop signal arm are no longer visible before moving. Under certain circumstances, drivers on the opposite side of the road may continue moving when a school bus is stationary.

Motorists on a four-lane highway (with or without a median) traveling in the opposite direction are allowed to proceed, but they are strongly advised to do so cautiously.
Drivers on the opposite side of a two-lane road with a median can also pass a stationary school bus with caution.

Failure to stop for a school bus when required can lead to severe consequences, including fines of up to $1,000 and a potential one-year suspension of your driving privileges. If you hit someone at a bus stop, you will face more serious penalties and other legal consequences, such as monetary compensation.

It’s advisable to exercise the utmost caution when near a school bus, even when adhering to all traffic regulations. Following these California Vehicle Codes is critical to preventing a school bus accident and protecting students and pedestrians from harm.

Can I File a Claim for a School Bus Accident if My Child is Injured?

If your child is injured in a school bus accident in California, you may file a claim against the negligent driver to receive monetary compensation for the damages. However, you must demonstrate that their actions directly caused the accident to be able to pursue a case.

Generally, negligence in a school bus accident in California can be defined by these four factors:

The driver was responsible for ensuring everyone’s safety, including your child.
The driver failed to fulfill this duty.
The breach resulted in a school bus accident.
The crash caused injuries and other damages.

You can prove the negligent driver’s fault in causing the accident if you have sufficient evidence demonstrating their carelessness, such as:

Accident report,
Photos of the accident,
Witness testimonies,
Accident reconstruction, and others.

A school bus accident lawyer can help you collect the necessary evidence to justify the negligent party’s wrongdoings and build your claim.

Lawyer’s Tip: Most schools have insurance to cover their students’ damages in case of an accident. Student accident insurance is typically procured by institutions, with students providing coverage to students and their parents, addressing expenses related to injuries sustained during school events. A personal injury lawyer can help you negotiate with insurance companies to maximize your payout.

Who Can I Sue in a School Bus Accident in Long Beach, CA?

While securing a settlement from a school bus accident is possible if your child sustains injuries from one, you must know whom to file the claim against to have a valid case.

In a school bus accident, multiple parties can be liable, including:

The Bus Driver

The school bus driver has a responsibility to their passengers. The bus driver must legally and safely transport pupils to and from school. If the school bus driver acted negligently, causing the accident, they may be responsible for the crash.

For example, the driver was talking to someone over the phone. Since he was distracted, he failed to notice the red stoplight. Unfortunately, he continued driving along the intersection, resulting in a school bus accident.

In this case, the driver should be responsible for the collision since their actions caused the accident.

The School or School District

If your child goes to a private school and gets involved in a school bus accident due to the school’s negligence, you may file a claim against it. For example, if they negligently hire a driver with a poor driving record and skills, they may also be responsible for the crash.

Remember that you must have sufficient evidence showing that the entity is liable for the accident. While it may be difficult to obtain proof of the school’s negligence, a school bus accident lawyer can help you assess the facts of the crash and collect evidence to defend your case.

Meanwhile, if your child goes to a public school and is injured in a school bus accident, you may file a case against the local school district responsible for maintaining the school bus. However, this type of case may be more challenging. This is because California only allows victims to pursue a claim against the local government for six months after the crash.

This is why it is essential to seek assistance from a competent school bus accident lawyer who can determine the best course to take to protect your legal rights, avoid missing legal deadlines, and avoid having your case dismissed.

Other Negligent Parties

Sometimes, neither the school bus driver nor the school is responsible for the crash. There are instances where other entities are accountable for the school bus accident, such as:

When another driver hits the bus, they should be liable for the damages.
The bus company or manufacturer should pay for the damages when the accident results from a defective part.
When a poorly maintained road causes a crash, the local agency supporting it should be liable for the collision.

Depending on the details of your case, a California personal injury attorney can help you understand your rights, prove liability, and defend your claim to receive fair compensation for the damages of the crash.

How Much is the Average Settlement for a School Bus Accident?

Most parents of injured children involved in school bus accidents ask, “How much is the average settlement for a school bus accident?”

There is no such thing as an average settlement for an accident. This is because the compensation amount for the damages depends on the facts of the crash, such as how severe the injuries or damages are and how they impact the victim’s life.

When calculating the total amount of your settlement, you must include all the losses incurred from the accident, including monetary and intangible damages.

Economic damages are financial losses that can be quantified using receipts and documented evidence. This may include:

Medical bills
Costs related to property damage
Lost wages
Future loss of income
Out-of-pocket expenditures

In contrast, non-economic damages represent intangible losses stemming from the accident. The emotional and psychological effects of an accident fall under non-economic damages. Other examples include:

Pain and suffering
Loss of emotional support and companionship
Diminished enjoyment of life
Emotional distress
PTSD

Furthermore, punitive damages are additional expenses decided by the court in cases where the at-fault driver’s actions are deemed excessively reckless, intentional, or malicious.

While calculating economic damages is relatively straightforward due to the availability of receipts and documentation, evaluating non-monetary losses requires the expertise and experience of a personal injury attorney. They can assess and maximize your compensation for these intangible losses and determine whether you qualify for punitive damages.

How Can a California School Bus Accident Lawyer Help Me?

Dealing with the aftermath of a school bus accident may be complicated, especially if your child sustains injuries from the crash. Sometimes, aside from the physical pain, the collision may cause emotional trauma for young individuals.

Aside from this, it may become more complex depending on the case’s specifics. For example, if you file a claim against the school district, you should determine the best legal action to avoid losing time to win your case. At the same time, you have to take care of your child’s health and recovery.

Fortunately, a school bus accident lawyer can help build your claim while you focus on taking care of your child’s health. They will do the following to defend your claim:

Case Assessment

We will evaluate the specific details of your case to determine the appropriate course of action.

Evidence Collection

We will gather essential evidence such as medical records, accident reports, witness statements, and relevant documentation to support your claim.

Preventing Legal Errors

We will ensure that all legal procedures and paperwork are executed correctly to avoid costly mistakes that could harm your case.

Interaction with Insurance Companies

We will communicate with the opposing driver’s insurance company and advocate for your best interests to secure fair compensation.

Settlement Negotiations

We will negotiate with insurance companies to reach a settlement that adequately compensates you for injuries and damages.

Rights Protection

We will protect your legal rights throughout the entire legal process, including safeguarding against tactics used by insurance companies to minimize payouts.

Hiring a personal injury attorney is essential to ensuring you receive the compensation you and your child deserve after a school bus accident. They can navigate complex legal procedures, handle legal aspects, and work to maximize your recovery while upholding your rights.

The Law Offices of Larry H. Parker boasts highly skilled personal injury attorneys with extensive experience handling bus accident claims throughout Southern California. If your child is injured in a school bus accident, our expertise and track record in traffic crash claims demonstrate our commitment to protecting our clients’ rights.

For a consultation to determine the best legal path for your situation, contact us at 800-333-0000 or schedule a free consultation.

When you need someone to fight for you, turn to an experienced car accident lawyer today.

What Our Clients Say About Us

While many personal injury attorneys can handle your case and build a legal defense, our dedication to advocating diligently on your behalf distinguishes us. We go above and beyond to ensure that our personal injury lawyers are fully prepared to create a strong claim, as proven by our pleased prior clients.

“I had my 1st bad wreck in March of 2015, and I literally found these guys through Yelp. I can’t complain about my experience with this firm, as they were very responsive to my questions and concerns. At one point, I even considered dropping the lawyer so that I could get a higher settlement, and the lawyer was even willing to go that route if I really wanted to and was very encouraging.

Pat, Oscar, and Becky were extremely helpful throughout the process. It’s the end of September, and I just got the release for my settlement, so in less than three months, they got my claim pretty much worked out, so I’m a very happy client.

I recommend these guys to anyone looking for a good car accident lawyer.

-Brian Park

Frequently Asked Questions About Bus Accident Claims

Need to learn more about accident claims? We want to help you! Here are common questions asked by injured accident victims, which may clarify various aspects of your case.

References

Cal. Code Regs. Tit. 13, § 1256.5 – School Bus Color and Signs. (n.d.). Law.Cornell.Edu. Retrieved September 29, 2023, from https://www.law.cornell.edu/regulations/california/13-CCR-1256.5

California Vehicle Code 22454. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=22454.&lawCode=VEH

California Vehicle Code § 12517.1. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=12517.1.

Civil Code section 2100. (n.d.). California Public Law. https://california.public.law/codes/civil_code_section_2100

Definition: noneconomic damages from 42 USC § 247d-6d(e)(8) | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved September 29, 2023, from https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=42-USC-51899014-306949403&term_occur=999&term_src=title:42:chapter:6A:subchapter:II:part:B:section:247d%E2%80%936d

punitive damages | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved September 29, 2023, from https://www.law.cornell.edu/wex/punitive_damages

School Bus Safety | Bus Stops, Drivers. (n.d.). NHTSA. Retrieved September 29, 2023, from https://www.nhtsa.gov/road-safety/school-bus-safety

Section 22406 – Speed in excess of 55 mph prohibited for enumerated vehicles, Cal. Veh. Code § 22406. (n.d.). Casetext. Retrieved September 29, 2023, from https://casetext.com/statute/california-codes/california-vehicle-code/division-11-rules-of-the-road/chapter-7-speed-laws/article-2-other-speed-laws/section-22406-speed-in-excess-of-55-mph-prohibited-for-enumerated-vehicles

Stewart, T. (n.d.). Overview of Motor Vehicle Traffic Crashes in 2021. CrashStats – NHTSA. Retrieved September 29, 2023, from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813435

32 CFR § 45.9 – Calculation of damages: economic damages. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved September 29, 2023, from https://www.law.cornell.edu/cfr/text/32/45.9

Vehicle Code 21702. (n.d.). California Legislative Information. Retrieved September 29, 2023, from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=21702

Long Beach School Bus Accident: Can I File a Claim for My Child?