California School Bus Safety Laws:
- Under California V C Section 12517.1 a School Bus accident must be investigated by the Department of California Highway Patrol.
- California Motor Vehicle Code 22112 is the state’s School Bus signal and Schoolbus stop laws:
Deadline for Filing a Lawsuit for School Bus Accident Injuries: Jurisdictions across the nation place specific time limits for filing a personal injury cause of action, otherwise known as a statute of limitations. I n the state of California there ia a two year statute of limitations for filing a civil injury claim in court against private entities (ie. private schools). Lawsuits against public entities must be filed within 180 days (6 months from the date of an incident). There are certain instances where a statute of limitations for a personal injury claim can be tolled (halted) for a period of time. For examples minors under the age of 18 have two years from their 18th birthday to file a lawsuit. For more information in statutory limitations feel free to contact our law offices.
- When a school-bus is stopped on a highway or private road for the purpose of loading or unloading pupils, at a location where traffic is not controlled by a traffic officer, the driver shall, before opening the door, ensure that the flashing red light signal system and stop signal arm are activated, and that it is safe to enter or exit the school bus.
- When a school-bus is stopped on a highway or private road for the purpose of loading or unloading pupils, at a location where traffic is not controlled by a traffic officer or official traffic control signal, the schoolbus driver shall do all of the following
Statute of Limitations – School Injury LawsuitStudents and adults over the age of 18 are entitled to compensation from all at fault parties which may include the school district. Every jurisdiction in the United States has a different statute of limitations pertaining to personal injury lawsuits.
Surviving a School Bus Accident: Common School Bus accident injuries:School buses are less likely to be involved in auto accidents with other vehicles. However children involved in school bus accident are much more likely to be seriously injured. According to estimates 1,300 of a total of 8,500 injuries in school bus accidents are regarded as moderate or severe. Some injuries include:
- Spinal Cord Injuries
- Paraplegia or Quadriplegia
- Traumatic Brain Injuries
- Broken Limbs
- Fractured Skull
- Facial Lacerations
- Broken teeth and nose
- Whiplash injuries
- Sever neck injuries
- Broken Ankle
- Burn Injury
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What causes School bus accidents?There are can be various causes of school bus accidents. Some of the most common causes of School Bus Collisions are as follows:
- Driver Negligence and Driver Error
- Driving While Intoxicated (DUI School Bus Driving)
- Driver Fatigue and sleepiness
- Poor maintenance of school buses including failure to properly repair school buses
- Distracted Driving including text messaging and cell phone use
- Negligence of other drivers and motorist on the road
- School Bus Rollovers and overloaded buses
- Speeding during rain and slippery roadway conditions
- Aggressive Driving
- Defective roadway conditions and failure to properly cone off construction zones in
- Defective manufacturing of school buses and school bus parts including improperly working school bus brakes.
Wrongful Death – Suing for the Death of a Loved OneOn average close to 20 school age children are killed in school transportation accidents. Wrongful death lawsuits can be brought against negligent parties by relatives of children who died in an accidents. California Code of Civil Procedure Section 377.60-377.62 states, that the following persons are able a wrongful death claim on behalf of the deceased:
- The decedent’s surviving spouse or domestic partner,
- Children, and issue of deceased children, or,
- If there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
Injuries caused by accidents other than roadway collisions:Other that roadway collisions there are many other accidents which can lead to severe injuries. Some of the most prevalent are as follows
- Bus accidents with Pedestrian
- Bus accidents with motorcyclists
- Slip and Fall accidents on school buses
- School Bus Fires
- School bus fights and battery
- Failure to maintain safe environment
- School bus shooting and assaults including sexual assault on board school buses.