When you send your child to school as a parent, you have a reasonable expectation that they will be safe and secure until they return home. And you’re correct, as the legal doctrine of “in loco parentis,” which means “in place of the parent,” specifies that a school must provide for the needs of its students during school hours, much like a parent would. This includes assuming responsibilities like ensuring students have access to safe transportation.
Unfortunately, accidents can happen when children are being taken to school, home, field trip destinations, or other locations for school-related reasons. And anytime your child gets injured away from home, it’s natural to have a lot of questions. “Who can I hold responsible for this?” “Can I sue the school directly?” “Whose insurance will cover my child’s medical bills?”
To answer these questions and more, the legal team at Brauns Law Accident Injury Lawyers, PC has compiled the following information about school-related crash injuries in Georgia. Keep reading to learn what to do if your child was injured in a school-related traffic collision, and don’t hesitate to contact us for a free consultation.
Who Is Liable When School Children Are Injured in Traffic Accidents?
Liability can be complex in cases involving school children who get hurt in traffic accidents. Multiple factors can come into play, including the type of school, the accident’s location, and what was happening at the time. Depending on these factors, any of the following parties may be liable:
- A school or school district – A school district or an individual school may be vicariously liable for the actions of employees like bus drivers or teachers. A school or district could also be directly liable if it failed to properly screen or train bus drivers or maintain its vehicles.
- A teacher or faculty member – A teacher or faculty member could be liable if they contributed to an accident by distracting a school bus driver, failing to attend to rowdy students, or directing school traffic in an unsafe manner.
- A school bus driver – A school bus driver could be liable if they were negligent behind the wheel in some way, such as by speeding, tailgating, texting while driving, or driving under the influence.
- A bus charter company – Many private schools rely on charter bus services to transport students and faculty. The bus charter company could be liable if it hired an unqualified driver or failed to maintain its vehicles.
- Another road user – Another road user, such as a motorist or pedestrian, could be at fault if their actions contributed to the accident. For instance, a pedestrian who darted in front of an oncoming school bus could be liable if their behavior prompted the driver to swerve and collide with another vehicle, object, or person.
- A vehicle manufacturer – The company that manufactured the school bus or its mechanical components could be liable if it used a defective product design or shoddy materials and a related mechanical failure contributed to the accident.
When Can I Sue My Child’s School Directly?
Your legal options may vary considerably depending on whether your child attends a public school or a private school.
If your child goes to a public school, the school is an extension of the government. As a result, you cannot sue directly, regardless of liability. First, you must file a claim with the school district within a short timeframe, typically no more than 60 to 90 days after the accident. Then, if you cannot recover fair compensation from your claim, you can decide with your attorney whether proceeding with a lawsuit is appropriate.
If your child goes to a private school, you can usually sue the school directly. Private schools are not protected by sovereign immunity like public schools are.
There are no special rules for suing a private school, and the same goes for suing private individuals, such as bus drivers hired as independent contractors. But keep in mind that you can typically only sue a school teacher for student injuries caused by the teacher’s malicious or intentional acts.
Remember that you could be entitled to compensation from an insurance claim if the other party is insured. Most injury cases are resolved through out-of-court settlements, so it is common to try this route before resorting to the time and expense of a trial. Talk to a trusted attorney for advice on how you can proceed with your case.
Are There Any Exceptions That Could Impact My Case?
Yes, two key exceptions apply in many school accident injury cases.
The first involves waivers. Many parents sign liability waivers when their children play sports, go on field trips, or engage in any potentially unsafe school activities.
Some waivers contain specific language that protects the school from nearly all forms of liability, but others do not. If you are concerned about how a waiver could impact your case, get in touch with an attorney who can provide a professional evaluation of the document.
The second exception involves accidents that occur outside of normal school hours. The school may not be liable for a student who is injured in a traffic accident on school grounds but on the weekend, before school has started, or after school has ended, unless the student is attending an official school function.
Contact a School Accident Injury Lawyer Today
Knowing what to do and who to hold accountable can be difficult when you are stressed and upset in the aftermath of your child’s injury. Fortunately, you do not have to do this alone. The Georgia injury attorneys at Brauns Law Accident Injury Lawyers, PC can take the stress off your shoulders by handling every aspect of your case, so you don’t have to. We’re dedicated to pursuing compensation on behalf of injured children and their families, and want to help you demand what’s right from the school or school employee who caused your child to be injured.
Contact us now to discuss the details of your situation in a free case review with a child injury lawyer in Atlanta.
