Maison Law can help you and your family through the claims process if your child is injured in a school bus accident in California. You never want your child to be hurt under any circumstances, let alone when they’re simply riding the bus to school. Part of that worry comes from drivers not following the safety laws that are in place, and when an accident happens, we’ll be there. Set up a free consultation today.
What Does California Vehicle Code § 22454 Say About Passing a Stopped School Bus?
It’s pretty easy to see why California Vehicle Code § 22454 is in place. When your child is getting on or off a school bus, it’s a pretty vulnerable time—even if your child might not fully understand it. That’s why school buses are usually equipped with flashing lights and a stop sign. Not so much for children, but for other drivers.
And that’s the core of what the law actually says. Under CVC § 22454, drivers have a few things to do when they see a school bus:
- Stop before passing the bus. Drivers approaching from either direction generally have to stop when the bus is loading or unloading children, has its red lights flashing and stop arm extended.
- Stay stopped until the signals stop. Drivers also have to wait until the flashing red lights and stop arm are no longer operating before they can move.
The law applies on both public and private roads, but there’s one important exception to think about. Drivers generally don’t have to stop if the road has two or more lanes going in the same direction.
Can I File an Injury Claim for My Child After a California School Bus Accident?
Obviously, you never want to be in a situation where your child is injured while getting on or off their school bus. That’s the whole reason why laws like CVC § 22454 are there in the first place. But unfortunately, not every driver is going to follow it. And when a driver doesn’t stop around a school bus, your child is in harm’s way.
With that said, you do have options when your child is hurt in such an accident. Most of the time, that means filing an injury claim on their behalf. With that, though, comes the claims process, and the first step is figuring out what happened and who could be responsible.
Legally speaking, a driver that wasn’t following the law is going to carry most of the responsibility. Trying to pass a school bus that has its lights on and stop arm out is a pretty clear example of negligence. However, it all depends on what actually happened, which could potentially bring in other people that share responsibility, like:
- The bus driver or school district
- The city or state government
- Another driver
- Companies that made defective bus parts or car parts
Something important to keep in mind is that claims involving public schools or government agencies can have different rules and much shorter deadlines than typical injury claims. But overall, it doesn’t change what you and your child’s options are for getting financial help. Generally, you can either file:
- An insurance claim outside of court.
- A personal injury lawsuit in civil court.
And once a claim is filed, the focus shifts to your child’s damages. That includes costs associated with their:
- Current and future medical bills
- Current lost income if you have to miss work to care for your child
- Repair/replacement costs for clothing, shoes, backpacks, school supplies, and anything else damaged in the accident itself.
- Pain and suffering
- Emotional distress
- Reduced quality of life
The goal of either option, again, is getting the financial help that your family is going to need to get through what you’re all facing. And that can be a bit difficult to fully grasp when it’s your child that’s hurt. Kids are resilient, but it’s not always easy to understand the full scope of their injuries with such an accelerated timeline. That’s certainly a challenge, but something our team can help you all with from the very beginning.
Reach Out to Maison Law If Your Child Is Injured in a California School Bus Accident
When your child gets hurt in a school bus accident, you’re suddenly dealing with questions you probably never expected to face. You want to make sure they’re getting the care they need, but you may also be trying to figure out how the accident happened, who’s responsible, and what to do about the bills and other expenses.
You don’t have to sort through all of that on your own. Our California school bus accident team at Maison Law will be there to guide you through the claims process, helping you along the way by:
- Reviewing the available information to help understand what happened, including whether a driver didn’t stop for the school bus.
- Figuring out who all might be responsible, from the driver to the school district.
- Pulling together the police reports, witness statements, school bus records, available video footage, and your child’s medical records to paint a picture of what your family is going through.
- Handling with the conversations and negotiations that come with dealing with an insurance company.
A school bus accident can leave your family facing unexpected expenses, difficult emotions, and uncertainty about the future. If your child has been hurt, we’re here to help you understand your options and what steps may make sense for your family. Reach out today for a free consultation to talk it over.
