December 12, 2024 | Personal Injury
Every day, we entrust the safety of our children to school bus drivers—individuals we often don’t personally know. While school buses are generally safe, accidents do happen. Occasionally, a child is injured, whether due to a bus crash or other unforeseen circumstances. If your child does get hurt, it is critical to know what to do.
Common Causes of School Bus Injuries
Following is a list of some of the most common causes of school bus injuries:
- Impact injuries from car accidents or truck accidents
- Slip and fall injuries if a child is standing while the bus is in motion
- Injuries that arise when a child is struck by a vehicle while getting on or off the bus
- Impact from objects inside the bus (school bags, books, etc.) during an accident or sudden braking
- Injuries from a bus rollover (frequently fatal)
- Burns or smoke inhalation from a bus fire
- Injuries from children fighting on the bus
The above are just a few illustrations of possible causes of school bus injuries.
How to Handle The Situation
Take the following measures as soon as you can after a school bus accident:
Seek Medical Attention for Your Child
Of course, you might not even know about the accident until your child is already in the hospital. If you feel your child didn’t receive enough medical attention, take them to the hospital for an evaluation of their physical condition. Failure to do so is not only medically dangerous, but it can also provide the at-fault party with a defense against liability.
Talk to the Parents of the Other Children on the Bus
At least some of the other children on the bus are likely to be witnesses to your child’s injury. Talk to parents to get them to find out how much their children know. Once you get a lawyer, they can interview the children to generate evidence for your claim.
Identify Possible Defendants
You might be surprised at how many different parties might bear liability for a school bus injury. Here are a few of them:
- The school
- The school district
- The company that owns the bus
- The company that manufactured or distributed a defective auto part that might have caused the bus to crash
- A leasing company, if the school leased the bus
- The school bus driver
- The bus driver’s employer (not necessarily the school district)
- Other vehicles and their insurance companies, if a third-party driver caused the crash
- A government agency, if faulty roads or traffic lights caused the bus to crash
Your lawyer will, of course, be able to help you with this step. It is important that you find a defendant with the means to pay your claim. Suing the school bus driver in their individual capacity might be a waste of time, for example.
Sovereign Immunity in South Carolina
The type of school your child attends—public or private—can significantly impact your case. Under South Carolina personal injury law, suing a government entity is different from suing a private institution. Governments are protected by sovereign immunity, meaning you cannot file a lawsuit against them without their consent.
The South Carolina Tort Claims Act provides a way to sue the government for personal injury claims, but it imposes specific limitations and requirements. For example, if you are filing a claim against a government entity, such as a school district, you must adhere to the rules outlined in the Act.
First, you are required to submit a Notice of Claim to the appropriate government agency within one year of the injury. Additionally, you cannot file a lawsuit until 180 days after submitting this notice. The Act also caps the amount you can recover at $300,000. Other restrictions and exceptions may apply, depending on the circumstances of your case.
Can You Sue on Behalf of Your Child in South Carolina?
In South Carolina, minors under 18 cannot file a lawsuit on their own. Instead, a parent or court-appointed guardian must file a claim on their behalf. Otherwise, the child may rely on a limited exception to the three-year statute of limitations for filing a lawsuit.
For instance, an injured 16-year-old can file a lawsuit upon turning 18 and has until their 21st birthday to do so. However, this exception comes with complex nuances, particularly for claims involving government entities or medical malpractice. Consult with your lawyer to navigate these intricacies and ensure your child’s rights are protected.
Contact a South Carolina Personal Injury Lawyer to Help You Through the Legal Maze
When a child is injured, it introduces additional legal complexities to any personal injury case. Involving a government entity, such as a school district, adds yet another layer of challenges. At Jeffcoat Injury and Car Accident Lawyers, our team brings over a century of combined legal experience to the table. We have successfully recovered millions of dollars for clients facing situations just like yours, and we are confident we can help you and your child, too. Contact us today to schedule a free consultation.
Contact a South Carolina Personal Injury Lawyer at Jeffcoat Injury and Car Accident Lawyers Today
For more information, contact the personal injury law firm of Jeffcoat Injury and Car Accident Lawyers to schedule a free initial consultation. We have five convenient locations in South Carolina: Columbia, Lexington, Orangeburg, and Blythewood.
Jeffcoat Injury and Car Accident Lawyers – Columbia, SC
1333 Main St #510,
Columbia, SC 29201
(803) 573-0869
Our firm is located near you. We have an office in Columbia, SC.
Find us with our GeoCoordinates: 34.0036663,-81.0346429
Jeffcoat Injury and Car Accident Lawyers – Lexington, SC
5465 Sunset Blvd Suite B,
Lexington, SC 29072
(803) 721-4241
Our firm is located near you. We have an office in Lexington, SC.
Find us with our GeoCoordinates: 33.9981412,-81.2202483
Jeffcoat Injury and Car Accident Lawyers – Orangeburg, SC
161 Elliott St SE Suite B,
Orangeburg, SC 29115
(803) 884-2053
Our firm is located near you. We have an office in Orangeburg, SC.
Find us with our GeoCoordinates: 33.4913915,-80.8608485
Jeffcoat Injury and Car Accident Lawyers – Blythewood, SC
749-2 University Village Dr,
Blythewood, SC 29016
(803) 866-5190
Our firm is located near you. We have an office in Blythewood, SC.
Find us with our GeoCoordinates: 34.2165616,-80.9866654
Jeffcoat Injury and Car Accident Lawyers – Columbiana Dr
380 Columbiana Dr
Columbia, SC 29212
(803) 866-5522
Our firm is located near you. We have a secondary office in Columbia, SC.
Find us with our GeoCoordinates: 34.0857948,-81.1613165
