August 4, 2021 | By Greene Broillet & Wheeler
If your child has been injured in a school bus accident, you may have the option to hold both the at-fault school bus driver and the school district that hired them accountable.
In every state, school districts are considered “political subdivisions” in the eyes of the law, which means that they have “sovereign immunity.” This may sound complicated, but it simply means that school districts and their employees are immune to certain types of lawsuits. This immunity does not always, however, apply to lawsuits filed over a student’s injury when negligence was committed. Still, you will need to follow specific procedures to prevent your case from being thrown out.
For example, in California, you will likely be required to file an administrative claim before you file a lawsuit against the school district. An administrative claim is submitted to the state government, which will then investigate the claim. If it is determined that you have the right to sue, you will also be required to notify the school district of your intent to sue before you do so.
Further, you will need to prove that the school district was negligent in employing the negligent school bus driver. Every school district has a duty to use reasonable care to prevent harm to its students. A school district must use reasonable care in hiring, training, and monitoring school bus drivers, and can fail to do so by doing things like (a) hiring a school bus driver with a history of drinking and driving and (b) making school bus drivers work long hours, therefore increasing their chances of driving while drowsy.
The truth is, filing a personal injury case against a school district is a complicated process—but it is not impossible. An attorney can expedite the process and make it easier on you. Thus, the sooner you consult an attorney, the better. Not only is it important to determine whether you have a case, but you also do not want to miss any legal deadlines. It’s also important to have an experienced attorney help figure out who the correct parties to your lawsuit should be, as there may be others involved beyond just the school district including third parties that the district contracts with.
If a negligent school district harmed your family, our attorney team at Greene Broillet & Wheeler, LLP can help you pursue justice and compensation. Since we first opened our doors, we have achieved more million-dollar verdicts and settlements than any other law firm in state history. We have the experience needed to fight for you and your family.
To learn more about how we can help, contact our Los Angeles trial lawyers online or at (866) 634-4525 for a free consultation.