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What are the Legal Rights of Children Injured on a School Bus?

By David Wolf, Attorney
Published by Child Injury Lawyer Network


When a parent sends a child off to school on a school bus, it is the expectation of the parent that the child will be transported safely to and from school. Unfortunately, school bus accidents result from the negligent driving of the school bus driver, other drivers, or the combination of the two. Since school buses are on the roads of most communities year round, it is vital that school bus safety is given a top priority by school bus drivers and other driving in the area of a school bus. This is especially true at bus stops and school zones. One basic safety tip to keep in mind is the following: SLOW DOWN. While this is very basic and simple advice, it is something to keep in mind any time somebody is driving near a school bus, school bus stop, or school zone. When a child is injured as a result of a school bus accident, here are the potential sources of payment of medical bills and / or compensation for the injuries sustained by the child:

Automobile Insurance of the Child’s Parents. Depending on the State and the type of insurance in place, a child may be able to seek benefits under the parent’s automobile policy. The child may qualify as an insured person depending on the language and coverage in the automobile policy.

Automobile Insurance of the School or School Bus Company. The child may also qualify for benefits under the insurance for the school or school bus company. The amount and type of coverage will depend on the availability of other insurance and / or if the school bus driver was at fault for the school bus accident.

Automobile Insurance of the At Fault Driver or Owner of the At Fault Vehicle. There may be coverage for the at fault driver or the owner of the at fault vehicle.

Health Insurance. Health insurance may be available to the student to pay for medical bills depending on the State laws in place and the availability of other insurance.

Student Accident Insurance. Some schools and programs carry Student Accident Insurance which may provide coverage for school bus related injuries and related damages.

The laws and insurance applicable to a school bus accident can be quite complex and confusing. Because of this, it is important for a parent to contact a Child Injury Lawyer for advice, consultation, and legal representation. The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.

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