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As the new school year kicks off in Connecticut, it's essential for parents to remain vigilant about the possibility of school bus accidents. Such incidents, though rare, do occur and can be caused by a variety of factors, including driver error, mechanical issues, or adverse road and weather conditions. When injuries result from these accidents, parents have a right to hold the responsible parties accountable for the harm caused.
The allocation of liability for a school bus accident is determined by the comparative negligence of all parties involved. This means that each party's level of fault is evaluated to establish their responsibility for the injuries. Any of the following parties might be legally responsible:
Bus driver — The bus driver plays a critical role in ensuring the safety of the passengers. If the driver engages in negligent behavior, such as speeding, reckless driving, or operating the bus under the influence of drugs or alcohol, they could be held liable for any resulting injuries. The driver's failure to adhere to traffic laws or safely operate the vehicle could make them a key party in a liability claim.
Bus operator — In cases where the bus is owned or operated by a private company, that entity may be held responsible for the driver’s actions. Additionally, if the company fails to properly maintain the bus, leading to mechanical failures that cause an accident, the operator could be found liable. It’s the responsibility of the bus company to ensure that the vehicle is safe and that the driver is competent and trained.
Driver of another vehicle — In cases where another vehicle is involved in the accident, the driver of that vehicle may be held liable if their actions contributed to the collision. Whether due to distracted driving, speeding, or failure to yield, the third-party driver’s negligence could be a significant factor in the accident.
School or school district — When a school or district contracts with a bus operator for transportation services, they must ensure the operator is qualified and the buses are safe. If the school or district owns the bus and employs the driver directly, they may be liable if an accident occurs due to negligence in hiring, training, or maintaining the bus. The school’s responsibility includes thorough vetting of the transportation provider and regular checks on the safety of the vehicles used.
Bus maintenance provider — The companies or individuals responsible for maintaining the bus can also be liable if improper or inadequate maintenance leads to an accident. If the brakes fail or another mechanical issue arises due to faulty maintenance, the mechanic or parts supplier may bear responsibility for the injuries.
School-affiliated organizations — Parent-teacher associations (PTAs) or other non-profit groups that organize events and arrange transportation might also face liability. If a school-affiliated organization charters a bus for an event and an accident occurs, they could be held vicariously liable for any negligence on the part of the bus operator.
The risks of accidents increase during field trips or longer journeys, particularly on highways. Factors like the non-use of seat belts and insufficient supervision can exacerbate injuries in the event of a crash.
Parents should seek legal advice from an experienced Connecticut motor vehicle accident attorney to protect their child's rights and pursue compensation for injuries. A skilled attorney can assess the case, identify liable parties, gather evidence, and negotiate with insurance companies to secure a fair settlement.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven advocates on behalf of injured victims of all types of motor vehicle accidents in Connecticut. To discuss your case, please call 203-745-0942 or contact us online.
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Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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