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When you put your child on the bus to go to school, you don’t imagine that they’ll be hurt in a serious accident. School bus accidents are relatively uncommon, but when they happen, they often cause serious injuries. 

If your child has been injured as a passenger on a school bus — or if you’ve been hit by a bus while driving your own vehicle — you might wonder who may be held liable. The answer is more complex than many people realize. 

Who Can Be Held Liable for a School Bus Accident? 

Much like lawsuits involving truck accidents, school bus accident lawsuits may name multiple defendants. Depending on the exact situation, one or more of these parties may be held liable for a bus accident. 

The Bus Driver 

All drivers are responsible for driving in a way that protects the safety of everyone on the road. However, bus drivers are held to an even higher standard because they are responsible for the safety of the children on their bus. 

If the bus driver acted negligently, they may be named in a lawsuit. These are some examples of possible bus driver negligence: 

• Speeding 
• Driving while under the influence of drugs or alcohol 
• Failing to activate lights and stop signs when children exit the bus 
• Not obeying traffic lights  

The fact that a bus driver was negligent doesn’t necessarily mean they should be the only defendant named in a lawsuit. For example, if the school district hired a bus driver with a very recent DUI and that driver caused a crash while drunk, the district could likely be named in a lawsuit as well. 

The School District 

In many cases, the local school district is responsible for hiring and overseeing bus drivers. In instances of negligent hiring, school districts may be held liable for bus accidents.  

Likewise, if a bus driver starts to show dangerous driving behaviors (like speeding with children on the bus) and the school district does nothing, it could be named in a lawsuit. 

The Owner of the Bus 

Sometimes, the school district owns buses, but that’s not always the case. The owner of the bus is responsible for ensuring routine maintenance is performed and that the bus is regularly inspected for potential safety issues. If they fail to do so, they might be sued in the event of an accident. 

For example, imagine your city owns the buses used by the local school district, and your child is hurt in a bus crash where the brakes failed. If it’s revealed that the brake failure happened because of improper maintenance, you might be able to sue the city for damages. 

The Maintenance Company 

Bus owners are responsible for having routine maintenance done. But what if the company hired to maintain the buses is negligent? In this case, the maintenance company might be named in a lawsuit. 

For example, imagine the school district hires a maintenance company to maintain its buses. If the company checks off safety inspections without actually performing them, it may be the only party liable for damages in a lawsuit. 

The Bus Manufacturer 

In rare instances, a bus crash might be caused by a manufacturing defect in the bus. If a post-accident investigation reveals a defect, the manufacturer might be held responsible for the bus accident. 

Another Driver 

Many people think the school district or bus driver is automatically liable in a bus accident case. However, if there was no negligence on the part of either, any school bus accident lawsuits stemming from the crash would need to be filed against another party. 

For example, imagine a school bus driver is driving their regular route when another driver crosses over the center line and hits the bus head-on. Unless the bus driver was later found to have somehow contributed to the accident, you would likely need to file a lawsuit against the other driver. 

Have You or Your Child Been Hurt in a School Bus Accident? 

No matter who was responsible for the accident, you (or your child) deserve financial support to cover medical costs and ensure financial stability while you heal. Questions of liability can be challenging to answer, but the attorneys at Silberstein and Miklos have years of experience identifying liable parties and pursuing them for compensation. 

If you’ve been hurt in a New York school bus accident, we want to hear from you. Call us or get in touch online to set up a free consultation today.