More than 1.1 million kids are enrolled in public schools across New York City, many of whom rely on bus services to get to and from school every day. So do thousands of private school students in Manhattan, the Bronx, Brooklyn, Queens, and Staten Island, too. While school buses are arguably one of the safest forms of transportation, accidents still happen – especially on the notoriously busy and dangerous streets of NYC.
Whether your child was injured or you were a third-party involved in an accident with a New York City school bus, it’s important to know your legal rights and options. As a victim, or the parent of a school bus accident victim, you may have the right to demand compensation from a responsible party.
But, who’s liable for your recent New York school bus accident? At the end of the day, it depends on how and why the bus accident happened in the first place. Depending on the cause of your school bus accident, one or more parties could be liable.
Anyone Whose Negligence Causes the School Bus Accident Can Be Liable
Negligence means that a party had a duty to act reasonably, failed to do so, and caused another person’s injury or death. It’s the primary cause of action in school bus accident cases in New York City. In New York, anyone whose negligence plays a part in causing a school bus accident can be liable – or financially responsible – for a victim’s resulting damages.
School Bus Drivers
School bus drivers are expected to exercise a heightened degree of care when transporting students in New York City, New York. So, even minor mistakes can be considered negligent and leave the driver open to liability if those mistakes cause a school bus accident.
Drivers can be liable when they make errors, including speeding, unsafe stopping, braking errors, distracted driving, driver fatigue, and illegal turns. A school bus driver might also be liable if they drove a bus without a CDL with an “S” endorsement, failed to conduct required vehicle inspections before picking up or dropping off students, or violated other critical state or federal safety regulations.
The NYC Department of Education
Public school buses are operated and/or overseen by the NYC Department of Education (DOE). Since the DOE is in charge, it assumes responsibility for safe school bus operations. As a result, the DOE can be liable for its own mistakes – like hiring unqualified bus drivers, failing to ensure bus drivers receive adequate training, or failing to pull unsafe vehicles from service – or vicariously liable for a bus driver’s negligence.
Private Bus Charter Companies
Private bus companies are sometimes contracted for public and/or private school bus services. Like the Department of Education, these charter companies assume a responsibility to comply with safety regulations established by New York State law and the Federal Motor Carrier Safety Administration (FMCSA). Violations can result in liability if there’s a school bus accident involving one of the company’s vehicles or drivers.
Drivers of Other Motor Vehicles on the Road
School bus drivers aren’t the only ones who can make mistakes and cause accidents. Many school bus accidents involve other vehicles or parties. When another motorist is negligent in some way and causes a collision with a NYC school bus, they can be on the hook for resulting damages.
Pedestrians and Bicyclists
Many school bus accidents involve pedestrians and/or bicyclists, including children who are waiting to be picked up or who have recently been dropped off by a school bus. If a pedestrian or pedalcyclist is careless or isn’t paying attention and jumps out in front of a bus, they can be at least partly responsible for crash-related damages.
Auto Manufacturers Can Be Strictly Liable for School Bus Accidents in New York City
School buses benefit from unique designs and equipment to protect children in case there’s an accident. However, sometimes defects inherent in a school bus or another vehicle – like defective tires, wheels, or braking systems – contribute to or cause a collision. If a defect on the bus or another vehicle causes a school bus accident, the vehicle
manufacturer can be strictly liable for damages. Strict liability means that school bus accident victims don’t have to show that the manufacturer was negligent in any way. Instead, the manufacturer can be automatically liable if there’s proof of a design defect, manufacturing defect, or failure to disclose a potential safety risk.
Can I File a School Bus Accident Lawsuit on Behalf of My Child?
Yes, you can file a personal injury lawsuit on behalf of your child if they were injured in a school bus accident in New York City. If no one files a claim on a child’s behalf, the statute of limitations can be tolled until the child reaches the age of 18.
Typically, you’ll have three years from the date your child is injured or two years from their wrongful death in a NYC school bus accident to file a claim for damages. However, if the New York City Department of Education or another government agency like the MTA is liable, you’ll face an accelerated timetable. You’ll have 90 days to file a Notice of Claim with the New York City Comptroller’s Office. If your claim is denied, you’ll have one year to file a civil bus accident lawsuit for damages against the government agency.
Don’t stress about how to get compensation or from whom after a school bus accident in New York City. Take time to focus on your child’s recovery and turn to the award-winning New York bus accident attorneys at The Platta Law Firm for help.
We’re award-winning New York trial attorneys dedicated to standing up on behalf of injured children and families after life-changing accidents. You’ll benefit from over 150 years of combined experience and a multi-million-dollar track record when you trust us with your bus accident case. Contact our NYC law office at (212) 514-5100 today. Your first school bus accident case evaluation is free.
