You may wonder what happens if a School District of Philadelphia bus driver is negligent and involves you in a head-on collision. You have probably heard that government agencies claim sovereign immunity and cannot be sued. While that is true in many cases, it is not true if a district employee negligently operates a motor vehicle and injures you. Unlike large corporations that exist to make a profit, the government serves the citizens and is not profit-driven. To keep the cost of services reasonable, limits are placed on how you must sue the government.
Not all losses can be claimed against a government body, but under the Political Subdivision Tort Claims Act, a school bus driver’s negligent acts causing injuries are grounds for compensation, similar to a personal injury lawsuit in civil court against a private party. Your attorney should also explore other possible defendants after a bus accident. The school district’s repair shop employees may also have been negligent in servicing a bus, and the manufacturer of the bus or its parts could also be liable. Pennsylvania requires the State Police to conduct yearly inspections of all school buses, and if an inspection is performed improperly, causing a child’s injury, the state or police officer conducting the inspection could also be held liable.
The procedure for filing a negligence claim after a school bus accident includes rules unique to the government. Your attorney could file a claim with the Office of General Counsel. The claim will then be considered, and a settlement offer will be made within a few months if the complaint is deemed valid. The Philadelphia School District is self-insured, so it will not be necessary to negotiate with a third-party insurance company. Other information to consider includes:
Because filing a claim and possibly a lawsuit against the government is exact, or it will be denied, a seasoned attorney should help you do it right.
Whether you believe the bus driver’s actions were below what is acceptable when safeguarding children, or the school bus was not maintained, leaving it a danger on the road, as a parent, you and your lawyer must gather the evidence to prove negligence. For each defendant, you must show actions that are below the standard of reasonable school bus drivers and others involved, and these actions caused the accident that injured you or your child.
Bad behavior can include drinking on the job, being distracted by talking on a cell phone while driving, breaking traffic laws, such as speeding in bad weather, eating, drinking, and turning around frequently to interact with student passengers while driving.
Most school bus drivers are conscientious and love working with children, but when an accident happens, it can leave those aboard with critical injuries since the bus’s high center of gravity makes it prone to roll. Seek medical attention, and once stabilized, call an injury attorney who understands exactly what should happen if you get into an accident with a school bus.
