School Bus Accident

In 2021, Illinois saw 903 school bus crashes, four of which caused fatalities [1].

The school bus accident attorneys at Rosenfeld Injury Lawyers help clients pursue the compensation they need after being injured in such accidents.

Common Causes of School Bus Accidents

In Illinois, approximately 62% of school bus crashes in 2021 occurred in urban areas [2]. The most common causes of school bus accidents are as follows:

• Bus driver negligence – Bus drivers must follow the rules of the road and any applicable regulations to avoid accidents. When they are negligent in this duty, they can be held liable for causing an accident.
• Blind spots – Sometimes barriers, trees, and other structures can create blind spots for bus drivers that make it difficult to see oncoming traffic.
• Road conditions – Road conditions, including damaged roads and large debris that fell off of trucks, can cause accidents.
• Distracted driving – A type of bus driver negligence, distracted driving can take many forms, including texting, talking to other people, or multitasking.
• Inadequate bus maintenance – Improper maintenance can lead to the bus company being held liable in the event that mechanical failure leads to a bus crash.
• Driver fatigue – An exhausted bus driver can be less reactive than normal or fall asleep behind the wheel. In cases where the bus company requires bus drivers to work too many hours, the company could be held liable.
• Driving while intoxicated – There is no excuse for drunk driving. Unfortunately, accidents involving DUIs occur every day.
• Poor weather – Bad weather conditions also cause school bus accidents.

The Severity of Injuries Sustained by School Bus Accident Victims

The size of school buses, lack of modern safety technology features, and the young age of the passengers often mean that victims sustain more serious injuries when school bus accidents happen.

Common injuries caused by school bus accidents include the following:

• Head injuries
• Internal injuries
• Amputations
• Bruises
• Lacerations
• Broken bones
• Back injuries
• Sprains
• Facial injuries
• Death

Why You Need a School Bus Accident Attorney

The Chicago bus accident attorneys at Rosenfeld Injury Lawyers can improve your chances of recovering compensation after a school bus crash. Many school bus accidents cause catastrophic injuries, and even more minor injuries take a lot of time and effort to recover from.

By having our school bus accident lawyers work on your case, you can focus on the recovery of your loved one while we build the strongest case possible against those responsible for the incident.

Cases that have legal representation typically receive higher settlement amounts. Insurance companies are often willing to negotiate higher payouts with a school bus accident lawyer than directly with victims, as adjusters know that a lawyer will not accept a lowball settlement offer for your case.

Determining Eligibility for a School Bus Crash Lawsuit

To successfully recover compensation, your school bus accident lawyer will need to demonstrate the following four elements to support your claim:

• Duty of care – The responsible party owed the victim a duty of care
• Dereliction of duty – The responsible party did not uphold their duty
• Direct causation – The breach of duty directly caused the injuries or losses
• Damages – The victim suffered losses as the result of the breach of duty

The Safety Standards School Bus Drivers Must Adhere to

There are certain federal, state, and local safety standards that school buses must comply with:

• While small school buses are required to have seat belts, large school buses benefit from the concept of compartmentalization and are not required to have seat belts.
• In Illinois, school buses must stop at all railroad crossings and display hazard warning lights while stopping at railroads.
• Under state law, students should be encouraged not to play with or distract the driver at bus stops or while the bus is operating.
• Other vehicles must stop for school buses and can face penalties if they do not do so.
• State standards require school buses to have amber and red flashing warning lights, and for stop arms and crossing arms to be more conspicuous.
• There are regulations about who can work as a bus driver, including fingerprinting, physical health examinations, drug testing, training, licensing, and permitting.
• Students must cross at least eight to 10 feet in front of the school bus to cross a roadway.
• School districts may offer free transportation if walking is too dangerous due to a railroad crossing or traffic.

Liability for School Bus Accident Cases

Every school bus accident case is different, so who is liable for it will vary based on the case. It is possible that there could be multiple parties held liable. Some common defendants in school bus accident cases are as follows:

• School bus driver – The school bus driver is the party most likely to be held responsible, especially if their actions caused the accident.
• School bus companies – The bus company that owns and operates the school bus can be held accountable for its actions and policies that result in an accident.
• School districts – If the school district operates, maintains, or staffs the school bus, it can be held liable.
• Schools – Sometimes, individual schools own and operate school buses and can be responsible for when something goes wrong.
• Chicago Transit Authority (CTA) – Some students ride a CTA bus to school. If negligence caused your child’s injuries during public transportation to school, our Chicago CTA accident lawyers can help you hold them accountable.

Damages a Chicago School Bus Accident Lawyer Can Help You Recover

The types of damages that can be recovered following school bus accidents depend on what caused the incident, the losses you suffered, and your specific case. Generally, the types of damages available fall into three categories:

• Economic damages – Economic damages relate to tangible expenses incurred due to your injuries. This includes medical bills, lost wages, damaged property, mental health services, and rehabilitation costs.
• Non-economic damages – Non-economic damages do not relate directly to a tangible financial cost, such as medical expenses. Instead, non-economic damages are based on formulas for factors such as pain and suffering, emotional trauma, disfigurement, loss of income potential, and permanent disability.
• Punitive damages – Punitive damages are assessed by a judge to punish the at-fault party—whether the school bus driver, bus company, or otherwise—for especially bad or egregious behavior. Most cases do not receive punitive damages.

Fatal School Bus Crashes

Unfortunately, numerous families lose a loved one each year due to school bus accidents. With the help of our Chicago wrongful death attorneys, there are several damages that the families of victims can recover:

• Funeral and burial expenses
• Medical expenses
• Pain and suffering
• Loss of consortium
• Loss of society

The Time Limit for Filing a School Bus Accident Lawsuit

The statute of limitations for personal injury cases in Illinois is two years from the date of injury. Once this date passes, you will be unable to file a claim against the school bus drivers, bus companies, or other responsible parties. While this may seem like a lot of time after an accident occurs to file a claim, it goes by quickly in the aftermath of a serious school bus crash.

It is also advantageous for other reasons to get started with the legal process as soon as possible. Some forms of evidence, such as video surveillance footage and witness testimony, can be much more difficult to obtain reliably after considerable amounts of time have passed.

Why Hire Our School Bus Accident Attorneys

Hiring the school bus accident attorneys at Rosenfeld Injury Lawyers can be a sound decision in the process of recovering compensation after school bus accidents. Our law firm has a strong track record of securing multimillion verdicts and settlements in personal injury cases. We’re confident that we can help you as well.

Evidence Collection to Support Your School Bus Accident Case

The more evidence to support your school bus injury claim, the higher the chances of receiving maximum compensation after you suffer injuries in a school bus accident.

An attorney from our team can help you gather medical records, police reports, witness testimony, and business surveillance footage. For more complex cases, we will consult with experts and hire the services of accident reconstruction specialists.

The stronger your case, the more likely it is that you will receive a fair settlement offer from the insurance company before going to court. In the event that your case does make its way to court, having more evidence available makes it much more likely that you’ll have a favorable outcome.

Calculating Damages to Help You Recover Compensation

In some cases, school bus companies owe victims millions of dollars in compensation for medical treatments, rehabilitation, and pain and suffering. The school bus accident attorneys from our team can help you calculate how much to ask for in damages.

If you or your child suffered permanent injuries, your lawyer will want to make sure that your settlement will cover all of your long-term expenses, too.

Insurance Company Negotiations

Insurance companies want you to accept the smallest settlement offer possible. As a company, it needs to conserve its money. In many cases, they’ll give you a lowball initial settlement that you should not accept.

Our school bus accident lawyers are able to compare the settlement to the facts of your case and what other similar cases were able to settle for. With this information, we will negotiate for a higher amount.

Taking Your Case to Trial

The majority of personal injury cases do not go to court—they’re settled by a lawyer beforehand. In the event that your civil lawsuit proceeds to court, the team at Rosenfeld Injury Lawyers will build you a strong case to advocate for maximum compensation.

Contact a Chicago School Bus Accident Lawyer Today!

Contact the Chicago school bus accident lawyers at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. A member of our Chicago motor vehicle accident lawyer team is available 24/7 to answer your call and help you get started. We work on a contingency fee basis, so you do not need to spend any money out of pocket to get started. You only pay for our services once you get paid.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Elgin, Naperville, Rockford and throughout Illinois.

Resources: [1] IDOT, [2] IDOT

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.