Who Can Be Sued When My Child is Hurt in a Bus Crash?

June 27th, 2014 | by RON BELL

Parents allow their children to ride the bus to school and do not want to worry if they will make it to school safely.  It is reasonable for parents to believe that their children will arrive at school and back home without injury.  However, this is not always the case, and thousands of school children are injured in school bus accidents every year in New Mexico.  When school bus accidents are caused by someone’s negligence, victims and their families may be able to recover for their losses by filing a New Mexico personal injury lawsuit.  Personal injury attorneys are experienced and dedicated to helping injured children and their families affected by school bus accidents recover.

After a school bus crash (once your child receives medical attention and is stable), it is vital to determine who could potentially be held liable for the accidents.  There are many parties that could negligently cause an accident, including the following:

  • School Bus Drivers-When a driver negligently causes an accident, that driver may be liable to cover all injuries to the accident victim related to the collision.  In a case where a school bus driver causes an accident, the school district or the bus company may be vicariously liable (delegated fault when one party is responsible for another party even though the first party may not have been present) for the driver’s negligent driving.
  • School Bus Manufactures-If a defect in a school bus design or manufacture causes an accident, the vehicle’s manufacture could potentially be held liable for any injuries.  This can occur also if a motor vehicle is falsely or improperly marketed to consumers, also known as a “failure to warn”.
  • Other Drivers-Often a school bus accident may be the fault of another driver and not the actual school bus driver.  Examples of a negligent driver’s actions causing a tragic school bus accident can be speeding; DUI; distracted driving; texting while driving; or improper braking.
  • Bus Company Mechanic-If a school bus has an accident due to improper or faulty vehicle maintenance, the company responsible for maintaining the mechanical services of the bus could potentially be held liable for any losses to the victims.

The above is only a list of potential negligent parties who can be held liable in a school bus accident personal injury lawsuit.  It is essential to have your specific injury case reviewed by a New Mexico personal injury lawyer before making any decisions.  Only an injury lawyer in Albuquerque can advise you on New Mexico injury law and ensure your rights are protected when dealing with the insurance company and negligent driver.

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