Mississippi’s Department of Education estimates that there are more than 400,000 school buses transporting as many as 23 million public school students twice daily for school. School buses are also used to transport students for field trips, sporting events, and other school-sanctioned activities. This means that it is not unusual for there to be buses traveling the roads from the early morning hours to the late evening. That is many hours in a day for accidents to happen. There are many concerns about accidents involving school buses, including the injuries sustained, whether you can sue, and the statute of limitations. If you would like to learn more about school bus accidents, call the experienced Mississippi personal injury attorneys at Lott Law at (228) 215-2787 to continue the discussion.
Two Types of School Bus Accidents
There are two types of school bus accidents to be primarily concerned about. The first is the type of accident most people think of when they think of vehicle accidents. This is when someone is driving in their car and they get into an accident with a school bus. These accidents can have serious consequences for the individual in the car, as they may be seriously injured plus have property damage to their vehicle.
The second type of accident is when a child is on a school bus going to or from school, a field trip, or another school-sanctioned event and the school bus is involved in an accident. Sometimes, the parent may also be on the bus. For example, they may be a chaperone on a field trip. Both types of accidents may result in a lawsuit, but the distinction is important because the typical statute of limitations may not apply when a government entity is involved.
What Types of Injuries Can Result From School Bus Accidents?
School bus accidents can result in a wide variety of injuries, depending on the circumstances. Whiplash, spinal injuries, concussions or traumatic brain injuries (TBI), sprains, torn ligaments, dislocated joints, broken bones, herniated disks, organ damage, limb loss, and internal bleeding are a few of the injuries that may be sustained in a school bus accident. Some injuries may require intense, extensive treatments or even permanently alter the individual’s life due to a school bus’s size and the potential force of the impact, whether the individual is on the bus or in another vehicle in the crash.
Mississippi’s seat belt laws only apply to school buses with a model year of 2020 or later and purchased after July 1, 2020, per Miss. Code Ann. § 37-41-1. School buses in operation prior to that date, or with a model year of 2019 or earlier are not required to be retrofitted with seatbelts. School buses that do not have seat belts often result in riders suffering much more severe injuries in some accidents due to their bodies being able to freely move about the bus, rather than being held in place by a seat belt, and the larger area through which their bodies can move, compared to a smaller vehicle, such as a car or sport utility vehicle (SUV).
Can I Sue If I or My Child Was Injured in a School Bus Accident?
School bus accidents are a complex issue, particularly when it comes to filing a lawsuit for someone who was injured. The simple answer is yes, it is possible to sue. However, the answer is more complicated due to sovereign immunity and questions such as who is responsible for the school bus.
Sovereign Immunity
The United States Constitution’s 11th Amendment grants the states sovereign immunity. Sovereign immunity prevents individuals and entities from suing the local, state, and federal governments unless the government agrees. This sounds contrary to the purpose of the American civil justice system, but unfortunately, it is a law that exists.
However, Mississippi does have a way by which claims can be brought based on injuries from school bus accidents. A lawsuit may be possible under the Mississippi Tort Claims Act (MTCA), managed by the Mississippi Department of Finance and Administration Tort Claims Board. This is the exclusive method for suing the government in these types of cases. The MTCA limits damages that can be claimed, requires filing an administrative claim before a lawsuit can be filed, and has a shorter time period for filing this administrative claim than Mississippi’s typical statute of limitations. There may be other parties who can be held liable in a school bus accident that does not require using the MTCA to file a lawsuit. If you or your child has been injured in a school bus accident, consulting with a bus accident attorney at Lott Law may help you better understand your legal options.
Private Contractors for Mississippi School Buses
A 2023 report to the Joint Legislative Committee on Performance Evaluation and Expenditure Review found that out of 30 school districts included in the review, six utilized private contractors for school bus services. If a school district uses private contractors to operate their school buses, this opens the door for a typical bus accident claim, as these private contractors do not have the protection of sovereign immunity. The driver and the contractor may be sued if they are liable for the school bus accident.
Other Third Parties
In addition to the school district and private contractors, there are additional parties that may be liable for injuries in school bus accidents. One such party is the driver of another vehicle. If a child is injured on a school bus, or an individual is in an accident with a school bus that another driver causes, that driver may be liable for the injuries of anyone on the bus or in other vehicles that were involved in the school bus accident.
Additionally, mechanics who work on the school bus may be liable if they do not perform the appropriate maintenance as expected. School bus manufacturers, or the manufacturers of individual parts on the school bus, may also be liable if they provide a defective product. In some instances, multiple parties may be liable, making the complexity of these cases even more difficult to understand.
What to Do If You or Your Child Are Injured in a School Bus Accident
Whether an individual or their child was on the school bus or in another vehicle that was involved in an accident with a school bus, there are some things they should do to preserve their claim. These steps can be imperative to ensuring that the evidence exists to back up the claim and receive the full compensation they deserve for their injuries.
Seek Immediate Medical Attention
Immediately seeking medical attention is always recommended in any motor vehicle accident, but it can be particularly important in school bus accidents. Even if the individuals involved in the accident feel fine and do not show any visible signs of injury, a thorough medical exam by an emergency room physician or the individual’s primary care physician can reveal injuries that cannot be seen. Additionally, sometimes accident injuries will not feel painful or show other symptoms until several hours later or even the next day. Depending on the injury, a day’s delay could result in significant, irreparable damage.
Keep All Evidence
Individuals should retain all evidence related to the accident as they explore their legal options. Medical bills, photos or videos of the accident or the accident scene, witness statements, and other evidence can be used to prove liability and damages in a lawsuit. Even if an individual is uncertain about what legal options are available, they should keep evidence so that when they decide what action to take, they will have what they need to move forward and seek total compensation for their injuries.
Avoid Talking to Insurance Investigators
Insurance investigators and claims adjusters work for the insurance company, which means their job is to protect the insurance company’s interests. In most motor vehicle accidents, the insurance company will approach the accident victim for a recorded statement, either by phone or in-person. Though it will sound innocent enough, their intention is that the accident victim will say something that can be used to claim that the victim is partially at fault for the accident or to deny some or all of the claim by denying the severity of the injuries or damages. Accident victims should avoid making these recorded statements or even having unrecorded conversations with the insurance company to avoid making statements that may be used against them later. If the individual has a lawyer, their lawyer may be able to guide them through any conversations the insurance company needs.
Consider Seeking Legal Representation
While there is no legal requirement to hire an attorney for school bus accidents, these cases can be very complex. With multiple parties that may be liable, sovereign immunity limiting the ability to sue the school district, and the general stress and strain of having been involved or knowing their child was involved in an accident, it can be very difficult for most people to know what to do in these cases to protect their rights. By hiring a Mississippi school bus accident attorney, individuals can focus on recovery and allow their attorney to manage the details of gathering evidence, following the appropriate procedures, filing the claim, and ensuring that everything is done within the timeframe provided by the law.
Why You Want an Attorney With School Bus Accident Experience
Motor vehicle accidents of any kind can be stressful and overwhelming. When you or your child is injured in a school bus accident, the stress and overwhelm can leave you feeling helpless and uncertain about your next steps. A Mississippi bus accident attorney has the knowledge and experience to know what the next steps should be and offer guidance to make the process of filing a claim and recovering compensation smoother after school bus accidents. Call Lott Law at (228) 215-2787 to schedule a consultation and learn more about how our compassionate school bus accident attorneys may be able to assist you with your case.
