Federal transportation and safety agencies maintain that the school bus is the safest vehicle on the road and that children are much safer taking a bus to school than traveling by car. However, they also point out that four to six school-age children die each year on school transportation vehicles. Hundreds more are injured.
In Lexington, three Fayette County school students were injured in November 2021 when the school bus they were riding collided with an SUV. In December 2021, six students escaped injury when their school bus was struck by a car in Lexington.
School buses are designed to be safer than passenger vehicles in crashes. In every state, stop-arm laws require other motorists to stop as children board and leave their school buses. Yet, children are still injured in school bus accidents caused by bus drivers and other motorists.
When school systems or local government agencies operate transportation services, such as Fayette County public school buses or Lexington’s Lextran bus service, the agencies have an obligation to ensure the buses are operated safely. The same is true for a private school, church, or fellowship organization that owns an activity bus. When an accident occurs, those who have been injured, or the families of anyone who has been killed, have a right to be made whole financially for their losses.
It takes courage to demand justice from a public school district, or local government when your child has been seriously injured in a bus accident. It takes courage to fight their insurers and lawyers. At Morgan, Collins, Yeast & Salyer, our attorneys provide the Kentucky Courage that you need to get through this difficult time.
If your loved one has been injured in a Lexington or Fayette County bus accident, we want to help you seek full compensation for medical bills, lost wages, pain and suffering, and other losses. Call us now to speak to a Lexington personal injury lawyer who can help. The initial legal consultation is free.
Common Causes of Bus Accidents
According to a May 2021 report by the National Highway Traffic Safety Administration (NHTSA), nearly 70 percent of the people killed in school-transportation-related crashes from 2010 to 2019 were occupants of other vehicles involved in the crash.
There were 240 school-age children who died in school transportation-related crashes:
- 52 were occupants of school transportation vehicles
- 90 were occupants of other vehicles
- 92 were pedestrians
- 5 were cyclists
- 1 was listed as “other” non-occupant.
Half of the school-age pedestrians killed in crashes were struck by school buses or vehicles functioning as school buses, such as 15-passenger vans.
Driver error is the most common cause of bus accidents. Drivers must be trained and specially licensed to drive large buses. When behind the wheel, bus drivers must take into account the longer stopping distances buses require, their wider turning radius, and the wider blind spots that buses have.
Unfortunately, many school districts, including Fayette County Schools, have had trouble recruiting school bus drivers. This may lead to shortened and therefore less thorough driver training periods as new drivers are hired and put to work.
The Kentucky State Police’s Traffic Collision Facts 2020 says 129 school buses and 526 other buses were involved in collisions in 2020. Two of the other buses were involved in fatal collisions.
The contributing factors in Kentucky school bus crashes, starting with the most frequently cited factors, were:
- Misjudging clearance, such as the distance between the bus and an oncoming vehicle
- Inattention or distracted driving, whether by using a cellphone or by unruly passengers
- Failure to yield the right of way
- Not under proper control
- Speeding
- Driving too fast for conditions, such as inclement weather or congested traffic
- Improper backing
- Turning improperly
- Oversteering
- Disregarding traffic control, such as running a stoplight or sign
- Following too closely
- Improper passing
In some bus accidents, the condition of the bus is found to be a contributing factor. This is more likely with a private organization or an “economy” bus line. But if a mechanical issue such as brake failure, a blown tire, or loss of steering contributed to a crash, the company or entity that owns or operates the bus may have neglected to service it properly and be held accountable for the accident.
The bus line operator or owner is the party that is primarily accountable for the actions of their bus drivers or the mechanical failure of the vehicles they put on the road. In some cases, bus maintenance may be contracted out to a service vendor. In a bus accident claim, the owners of the bus and any third-party service providers would be held accountable for the negligence of their driver, or maintenance staff.
Most Common Bus Accident Injuries
Most injuries in bus accidents are blunt-force trauma injuries or crush injuries. Occupants of a bus may be jolted by the impact of a collision and may be thrown against other passengers or parts of the bus’s interior structure. Anyone standing is likely to fall in a collision.
In some cases, a bus may roll over and occupants may be ejected and wind up under the crashed bus.
A pedestrian or cyclist hit by a bus and knocked to the ground or run over is likely to suffer catastrophic or fatal injuries.
Serious injuries among those who survive a bus accident include:
- Head and traumatic brain injury (TBI),
- Spinal injury, including injury to vertebrae and to the spinal cord,
- Internal organ injuries, such as to the heart, liver, or bowels, which can lead to shock and sepsis,
- Broken bones, including broken ribs, which may puncture vital organs,
- Crushed chest, including a fractured sternum (chest bone) and adjacent ribs,
- Severe lacerations,
- Sprains and strains, particularly to the back and neck.
Recovery from serious injuries in a bus accident may take weeks, months, or longer.
Damages You Can Recover from a Bus Accident Lawsuit
The objective of a legal claim after a bus accident injury is to make the injured person financially whole. The injured person should not have to bear the financial costs of someone else’s mistake or recklessness.
In a personal injury claim after a bus accident, you may seek full compensation for:
- Medical expenses
- Future treatment costs
- Damage to your vehicle
- Lost wages
- Future lost income
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
Kentucky law also allows compensation to be awarded for the accident victim’s pain and suffering.
When you choose Morgan, Collins, Yeast & Salyer to stand by your side, we will do everything in our power to help you rebuild your life after the disruption of a serious injury or loss.
When we handle a wrongful death claim on behalf of a family that has lost a loved one, we seek maximum compensation for:
- Final medical bills incurred prior to the person’s death
- Funeral and burial expenses
- Loss of benefits, including medical benefits and pensions
- Loss of inheritance
- Value of household services the individual would have provided
- Loss of consortium
- Loss of care, protection, and guidance
- Loss of companionship
- Survivors’ pain, suffering, and mental anguish
It is important to understand that it is not possible to put a value on your claim immediately after your accident. This is why you cannot trust a quick and easy settlement offer from an insurance company. You need to know how your injuries will affect you in the long run and what future medical costs you can expect to determine what fair compensation should be. It is important to choose a reputable attorney who will guide you through the claims process.
How Bus Accident Claims are Different
School bus and public transportation claims are more complex than a typical car accident claim. Local governments have certain protections against lawsuits, which typically require the injured to make complaints directly to the organization or presiding government entity before a legal claim is allowed. Local jurisdictions typically enact strict time restrictions, or statutes of limitations, on such claims.
Depending on the accident itself and what the underlying cause was, there may be multiple parties responsible for your injury or your child’s injury. Your case may require multiple claims with multiple insurance companies involved. This can lead to finger-pointing, with each insurer assigning blame to the other, which further complicates a case.
The legal team at Morgan, Collins, Yeast & Salyer has the knowledge, resources, and dedication to examine your case thoroughly and follow every lead that may result in compensation for you. As we identify every potentially liable party and do what’s necessary to hold them accountable, we will explain to you what to expect every step of the way.
Contact Our Experienced Bus Accident Lawyers in Lexington, KY
If you or a loved one has been hurt in a bus accident in Kentucky, it’s important to speak to a Lexington bus accident lawyer who will protect your interests. At Morgan, Collins, Yeast & Salyer, we know how devastating bus accidents can be. We are dedicated to giving accident victims the Kentucky Courage needed to stand up to insurance companies and move forward.
Please contact us today for a free case consultation. There is no charge to start work on your personal injury claim. We only receive a legal fee if we recover compensation for you. Call us or reach out online now.
