According to a February 12 article on My San Antonio.com, a school bus for the Clinton Public School District was involved in a two-vehicle accident on Tuesday around 9 a.m. The accident occurred while high school students from the Clinton District were on board, and police are currently investigating the cause. Thankfully, no students were immediately reported injured in the crash.

Our San Antonio, TX accident attorneys were glad to hear that there were no injuries in this collision. School bus accidents are often very serious crashes because there are typically many vulnerable young passengers aboard the bus who could be hurt in a collision. While everyone was able to avoid injury this time, we believe that parents and students should understand their rights in a school bus crash in case an injury does occur.

Your Rights in a School Bus Accident

If you or your child was a passenger on a school bus that became involved in a collision, it is essential to identify the cause of the crash. The bus passengers, of course, are never to blame for the accident since they are dependent upon the driver of the bus to deliver them safely to their destination. The crash may be caused by either the driver of the bus or by another vehicle that negligently or irresponsibly causes the bus to crash.

Once the responsible party or parties responsible for a  school bus accident have been identified, the victims or their parents can take legal action to recover compensation for any injuries. The compensation available can include coverage for 100 percent of medical costs arising from the bus accident.

Monetary damages for pain and suffering and emotional distress are also available. Victims and family members can even be compensated if there were lost financial earnings or if a reduction in earning potential occurred, and surviving family members can make a claim for wrongful death if the school bus accident has fatalities.

While these damages should be available to victims or family members from either the school bus driver or the other party responsible for the crash, there is an important caveat. School bus drivers are often government employees, and the school district they work for is often a government agency.

Government employees enjoy certain protections from immunity for actions they take in the official capacity of performing government work. Government agencies and entities, including public school districts, are also provided with special immunity protections. This does not mean that it is impossible to take legal action after a school bus crash or that parents cannot sue the driver or district. In many other cases, buses and drivers are hired through a contracting company — or a maintenance contractor might share responsibility.

Thus, the process becomes more legally complex. There are more legal considerations after a school bus accident than with many other types of wrecks.

If you’ve been injured in an accident, contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.