New Jersey School Bus Accidents

As the new school year begins, parents across New Jersey will send their children back to school. For many families, this means trusting the safety of their children to school buses. While school buses are safe, accidents happen, and they can lead to significant injuries.

According to the National Highway Traffic Safety Administration (NHTSA), school buses are one of the safest ways to travel. However, accidents still occur, and they can be serious.

In 2021 alone, 108 people were killed in school bus-related accidents in the United States, and nearly 9,700 were injured. Over the course of a decade, from 2012 to 2021, there were 998 fatal school bus accidents, resulting in 1,110 deaths. While many of these fatalities involved pedestrians or passengers in other vehicles, it’s clear that school bus accidents can have devastating consequences.

As parents, it’s crucial to understand the risks, the causes, and the legal options available if your child is involved in a school bus accident.

Common Causes of School Bus Accidents

1. Driver Error: Many times, the school bus driver’s mistakes cause accidents. These can include poor training, fatigue, driving in bad weather conditions, or violating traffic laws such as speeding or failing to yield. Driving under the influence of drugs or alcohol can be another factor that can lead to serious accidents.

2. Overloaded Buses: School buses have strict weight limits for a reason. An overloaded bus can be difficult to control, making it more prone to tipping over or causing other dangerous situations.

3. Faulty Maintenance: School buses need regular maintenance to ensure they are in safe working condition. Faulty brakes, defective tires, and other mechanical issues can lead to accidents. Where the school district fails to maintain the buses properly, it may be held liable for the resulting injuries.

4. Bad Weather: Driving in rain, snow, or fog can be challenging for any driver, and school bus drivers are no exception. When drivers fail to adjust their driving for bad weather, accidents are more likely to occur.

5. Distracted Driving: School bus drivers, like any other driver, must remain focused on the road. Unfortunately, distractions such as mobile phones, GPS devices, or even unruly students can lead to accidents.  Drivers can fail to check their blind spots, neglect to follow stop-sign procedures or make errors in judgment while children are boarding or exiting the bus.

6. Negligent Hiring by School Districts: School districts are responsible for hiring qualified and experienced bus drivers. When they fail to do so and hire drivers who are underqualified, poorly trained, or have a history of reckless behavior, the chances of an accident increase.

While these are the most common causes of school bus accidents, it’s essential to recognize that every accident is unique. Identifying the cause is the first step in determining who may be held legally responsible.

Are School Buses Really Safe?

According to the NHTSA, school buses are designed with safety in mind and are safer than cars for transporting children. Buses are built with high, padded seats that absorb impact, and they sit higher off the ground, which can reduce the severity of collisions. Despite these safety measures, accidents and resultant injuries still occur.

One ongoing debate in the realm of school bus safety is the issue of seat belts. Currently, federal law does not require school buses to be equipped with seat belts, although some states have passed their own regulations. Organizations like the American Academy of Pediatrics (AAP) have called for stricter safety standards, including the mandatory installation of seat belts on all school buses.

New Jersey requires school buses to have lap belts or other child restraint systems that meet federal standards and certain minimum seat back heights. It requires students to wear properly adjusted and fastened seat belts while the bus is operating, and relieves school bus owners and operators of liability for a passenger’s failure to wear a seat belt if that failure directly results in an injury to the passenger (N.J. Stat. Ann. § 39:3B-10 and § 39:3B-11).

Liability in School Bus Accidents

If your child sustains an injury in a school bus accident, it is crucial to determine legal liability. Several parties may be held accountable for the accident.

School Districts

School districts are responsible for ensuring the safety of their buses and the competence of their drivers. If the accident occurred due to poor maintenance, defective equipment, or improper hiring practices, the school district could be held liable for the injuries sustained by your child.

New Jersey’s Administrative Code sets forth the requirements and standards for the inspection and maintenance of school buses. Violations of those standards in the case of an accident, if proven, can attach liability to the school district and/or maintenance company.

Bus Drivers

Bus drivers have a legal duty to operate their vehicles safely. If the accident was caused by driver error, such as speeding, failing to yield, or driving under the influence, the driver could be held personally responsible for any injuries that occur.

Maintenance Companies

Some school districts outsource the maintenance of their buses to third-party companies. If a maintenance company’s negligence contributed to the accident, they could also be held liable. For example, if the company fails to repair faulty brakes or replace worn-out tires, they may be found responsible for the accident.

Manufacturers

If a defect in the bus caused the accident, such as a problem with the tires, brakes, or other parts, the manufacturer of the bus or its components could be held liable under product-liability laws. In these cases, injured persons can sue the manufacturer, distributor, or retailer of the defective part.

New Jersey Tort Claims Act

In New Jersey, the law provides a mechanism for holding government entities accountable for negligence under certain circumstances. This is known as the New Jersey Tort Claims Act (Title 59). While the doctrine of sovereign immunity generally protects government entities from lawsuits, there are exceptions, such as in cases involving negligence by state or local employees.

If your child was injured in a school bus accident involving a government-operated bus, you may be able to file a claim under Title 59. However, you must act quickly. The law requires you to file a formal notice of claim within 90 days of the accident. If you miss this deadline, you could lose your right to take legal action on behalf of your injured child.

Statute of Limitations

In most personal injury cases in New Jersey, the injured person has two years from the accident date to sue. However, when dealing with a government entity, the timeline is much shorter. As mentioned earlier, formal notice must be provided within 90 days. This makes it crucial to consult with an experienced New Jersey lawyer as soon as possible.

The statute of limitations is extended for minors until they reach the age of majority; your child’s claim may still be valid beyond the typical two-year window. However, the notice of claim time limit is not extended with an injury to a minor. In a case involving a government agency or employee, that requirement remains in place.

Schiller, Pittenger, & Galvin, P.C. Can Make the Difference

If your child has been injured in a New Jersey school bus accident, don’t wait. Contact Schiller, Pittenger & Galvin, P.C., in our Scotch Plains office at 908-490-0444. You can also contact us online for a free consultation.  We provide our services on a contingent fee basis.