NJ School Bus Crash: Understanding Your Legal Options After an Injury

School buses are a familiar sight on New Jersey roads, transporting countless students to and from school each day. While generally considered safe, school bus accidents do occur, sometimes resulting in serious injuries. According to the National Highway Traffic Safety Administration (NHTSA), approximately 108 people are killed and 13,200 injured in school bus accidents each year. If you or your child has been involved in a New Jersey school bus crash, understanding your legal options is crucial.

The Aftermath of a School Bus Accident: What to Do Immediately

The moments following a school bus accident can be chaotic and overwhelming. However, taking the right steps can protect your health and any potential legal claims. Here’s what to do:

Ensure Safety and Seek Medical Attention: The immediate priority is the safety and well-being of everyone involved. Call 911 to report the accident and request medical assistance for anyone injured. Even if injuries appear minor, a thorough medical evaluation is essential, as some injuries may not be immediately apparent.
Gather Information: If possible, collect information at the scene, including the bus driver’s name and insurance information, the bus company’s details, and contact information from any witnesses. Use your smartphone to take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries.
Report the Incident: Notify the school and the school district about the accident, providing them with the details you’ve gathered.
Consult a Personal Injury Attorney: Contacting a New Jersey personal injury attorney experienced in school bus accidents is crucial. An attorney can advise you on your rights and help you navigate the complex legal process.

Determining Liability in a School Bus Accident

Establishing liability is a critical step in pursuing a personal injury claim. Several parties could be held responsible for a school bus accident in New Jersey:

The Bus Driver: Driver error is a common cause of school bus accidents. Negligence may include speeding, distracted driving, driving under the influence, violating traffic laws, or fatigue.
The School District or Bus Company: School districts and bus companies are responsible for the safe operation and maintenance of their buses. Negligence can include improper hiring practices, inadequate driver training, and failure to maintain the buses properly.
Maintenance Companies: Some school districts outsource bus maintenance to third-party companies. If the accident resulted from negligent maintenance, the maintenance company could be liable.
The Bus Manufacturer or Parts Supplier: A defect in the bus or its components, such as faulty brakes or tires, could lead to an accident. In such cases, the manufacturer or supplier could be held liable under product liability laws.
Other Drivers: The negligence of another driver, such as speeding, reckless driving, or violating traffic laws, could cause a school bus accident.

Common Causes of School Bus Accidents in New Jersey

Understanding the common causes of school bus accidents can shed light on potential negligence and liability:

Driver Error: As mentioned earlier, this is a significant factor. Examples include distracted driving (e.g., texting, using a cell phone), speeding, reckless driving, and driving under the influence of drugs or alcohol.
Inadequate Maintenance: School buses require regular maintenance to ensure they are safe. Faulty brakes, worn tires, and other mechanical issues can lead to accidents.
Poor Weather Conditions: Rain, snow, ice, and fog can make driving challenging, especially for large vehicles like school buses.
Overloaded Buses: Overloading a bus can make it difficult to control, increasing the risk of accidents.
Negligent Hiring: School districts must conduct thorough background checks and ensure that bus drivers are qualified and experienced.
Distracted Driving by Others: Other drivers on the road who are distracted or driving recklessly can cause accidents involving school buses.

Legal Options for Victims of NJ School Bus Accidents

If you or your child has been injured in a school bus accident in New Jersey, you have several legal options:

Personal Injury Lawsuit: You can file a personal injury lawsuit against the responsible parties to recover compensation for your losses, including medical expenses, lost wages, pain and suffering, and other damages.
New Jersey Tort Claims Act: If the accident involves a government-operated bus or a public entity, such as a school district, you may be able to file a claim under the New Jersey Tort Claims Act (Title 59). However, strict deadlines and procedures apply, including a requirement to file a notice of claim within 90 days of the accident.
Insurance Claims: You may be able to file a claim with your own insurance company or the insurance company of the at-fault party to recover compensation for your injuries and damages.

Compensation and Damages You Can Recover

If you are successful in your personal injury claim, you may be entitled to recover various types of damages, including:

Medical Expenses: This includes past and future medical bills related to the accident injuries.
Lost Wages: Compensation for lost income if you or your child had to miss work due to the injuries.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
Property Damage: Reimbursement for any damage to your vehicle or other property.
Other Damages: This may include therapy costs, special education needs, and other related expenses.

The Statute of Limitations in New Jersey School Bus Accident Cases

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In New Jersey, the statute of limitations for personal injury cases is generally two years from the date of the accident. However, there are exceptions:

Minors: If a child is injured, the statute of limitations doesn’t begin to run until they turn 18. This means they have until their 20th birthday to file a lawsuit.
Claims Against Public Entities: As mentioned earlier, claims against public entities under the New Jersey Tort Claims Act have strict notice requirements, including filing a notice of claim within 90 days of the accident.

It is important to note that these are general guidelines, and specific circumstances may affect the applicable statute of limitations. Consulting with an attorney is essential to determine the correct deadline for your case.

Why You Need a New Jersey Personal Injury Lawyer

Navigating the legal complexities of a school bus accident claim can be challenging. An experienced New Jersey personal injury lawyer can:

Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the accident to determine liability.
Negotiate with Insurance Companies: Handle communications with insurance companies and negotiate a fair settlement on your behalf.
File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
Protect Your Rights: Ensure that your rights are protected throughout the legal process.
Maximize Your Compensation: Fight to recover the maximum compensation you deserve for your injuries and losses.

Safety Measures and Regulations in New Jersey

New Jersey has implemented various safety measures and regulations to protect students riding school buses:

School Bus Safety Equipment: New Jersey law requires school buses to be equipped with specific safety equipment, including seat belts (three-point lap and shoulder seat belts) for each seating position.
Driver Licensing and Training: School bus drivers must be licensed by the State of New Jersey and comply with strict requirements regarding physical condition, criminal history, and training.
Bus Maintenance and Inspection: School districts and bus companies are required to maintain their buses in safe working condition and conduct regular inspections.
Traffic Laws: New Jersey has specific traffic laws related to school buses, including requirements for drivers to stop at least 25 feet from a stopped school bus with flashing red lights.
Emergency Evacuation Drills: Schools are required to conduct emergency evacuation drills at least twice a year to prepare students for potential emergencies.

Seeking Justice and Fair Compensation

A school bus accident can have devastating consequences for victims and their families. Understanding your legal options and taking the right steps can help you seek justice and recover the compensation you deserve. If you or your child has been injured in a school bus accident in New Jersey, contact an experienced personal injury attorney today to discuss your case and protect your rights.