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School
age children transported in school buses are usually safer than
children transported in other types of motor vehicles. Large school buses
provide protection because of their size and weight. Yet, tragedies
too frequently happen with buses and other vehicles. On March 25,
1998, three children were ejected when the passenger van transporting
them collided with a transit bus in Sweetwater, Florida. On March 26,
1998, two people were fatally injured when the specialty bus
transporting the students collided with a truck in Lenoir City, Tennessee. On December 8, 1998, one child was ejected
and fatally injured when the passenger van transporting them collided
with a pickup truck in East Dublin, Georgia. On February 16, 1999, in
Bennettsville, South Carolina, three children were ejected and six
children were fatally injured when the passenger van transporting
them was struck by a tow truck. Moreover, the greatest risk to
children is in approaching or leaving the bus.
There are many school bus safety programs committed to
reducing school bus-related crashes, injuries, and fatalities through
both behavioral programs and safer vehicles. The National Highway
Traffic Safety Administration (NHTSA), for example, works to educate
school bus drivers, students, and other motorists about safe behavior
that reduces the risk of being involved in a school bus-related
crash. The NHTSA establishes and enforces Federal Motor Vehicle
Safety Standards that make the school bus strong, and makes
recommendations to better protect passengers. These standards include
in part protection for occupants, head restraints to reduce neck
injury, side impact protection, roof crush resistance, and emergency
exits. Even so there is on going concern regarding the safety of
school buses including, in part, the effectiveness are state rules
and regulations, the dangers of nonconforming buses, and driver
competency.
Legal
claims involving school buses can involve complex legal and technical
issues. The following are a few important legal, factual and
evidentiary matters that should be considered when evaluating a
claim.
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What
were the circumstances of the accident?
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Who
caused or contributed to the accident?
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Did
other motorists properly observe school bus laws?
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What
type of bus was involved?
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Did
the bus conform to all applicable rules, laws and standards?
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What
were the bus driver's qualifications?
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Was
the bus driver observing all traffic laws?
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Did
the bus driver and aids properly maintain supervision and control of
students?
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When
backing up, did the driver properly watch out for children?
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Did
the bus driver properly use proper signals and equipment?
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Did
the driver injured a child during loading or unloading?
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Was
the driver properly instructed regarding danger zones?
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Did
the driver properly observe proper loading and unloading procedures?
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Did
the driver observe proper highway-rail or grade crossing safety?
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Did
the school bus driver know how to cross a highway-rail intersection
safely?
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Did
the school bus driver must know what to do with hazards on their
route?
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Were
injuries due to bus defects?
It
is important that an experienced legal team evaluate a school bus
accident claim. Complex legal, factual, and evidentiary issues may be
involved. If your child or loved one are hurt in a school, you should
take immediate steps to protect their interest. Do not compromise
your rights by making statements to the press, insurance
investigators, potential defendants, their representatives, and do
not sign anything. Consider the suggestions in our accident guide,
and call us immediately. We are here to help. At Larry King, P.C., we
recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100
seven days a week, 24 hours a day, everyday of the year. We also
offer a free legal-infoline service, and you can now contact us on
this web site by using the following Personal Injury Contact form. We are
committed to doing the extra things it takes to help our clients.
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