If you suffered an injury in a pedestrian accident that resulted from a negligent school bus driver, you may be eligible to file a personal injury claim or a lawsuit. A skilled Edmonton pedestrian accident lawyer will guide you through each step of the process. First, they will investigate the accident, gather evidence such as police reports, medical records, and witness statements, and determine liability. Your lawyer can then file a claim with the school district or bus company’s insurance provider, seeking compensation for your injuries.
If the insurance company offers an inadequate settlement or denies the claim, your lawyer will file a lawsuit and handle all of the legal procedures, including drafting the complaint and gathering expert testimony. They will also negotiate on your behalf, aiming to secure a fair settlement. If necessary, your pedestrian accident lawyer will represent you in court, ensuring that your rights are protected throughout the entire process while you focus on healing.
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How Do School Bus Drivers Frequently Cause Pedestrian Accidents?
Negligence among school bus drivers can be a significant factor in pedestrian accidents, often leading to tragic consequences. When drivers fail to follow safety protocols, children and other pedestrians are put at serious risk.
One of the most common causes of such accidents is distracted driving. A school bus driver who is looking at a mobile device, adjusting controls, or engaging in conversation may fail to notice a pedestrian crossing in front of or behind the bus. Even a brief moment of inattention can result in a devastating collision. Speeding in school zones or residential areas also increases the risk, as higher speeds reduce reaction time and make it more difficult to stop suddenly if a pedestrian is in the roadway.
Failing to obey traffic signals and stop signs is another dangerous behaviour that can lead to pedestrian accidents. A school bus driver who ignores a stop sign or a red light may enter an intersection without noticing a pedestrian who has the right of way. Similarly, neglecting to check mirrors and blind spots before pulling away from a stop can result in a driver failing to see a child who is crossing the street. Poor weather conditions, such as snow, fog, or heavy rain, make it even more important for drivers to remain vigilant, as visibility may be reduced and roads can be slippery. However, some negligent drivers fail to adjust their driving accordingly, increasing the likelihood of an accident.
Responsibility for pedestrian accidents that school bus drivers cause does not always rest solely on the driver. The school district or private company that employs the driver may share responsibility if they fail to enforce strict hiring and training policies. If a driver with a history of reckless driving, impaired judgment, or medical conditions affecting their ability to drive safely is still allowed to operate a bus, the employer may be held liable. Additionally, if a school bus has mechanical failures such as malfunctioning brakes or faulty mirrors due to poor maintenance, those responsible for maintaining the vehicle may also be at fault
Other motorists can also contribute to these accidents by driving recklessly near school buses, ignoring flashing stop signs, or failing to yield to pedestrians.
Types of Injuries in Pedestrian Accidents Involving a School Bus
Pedestrian accidents resulting from negligent school bus drivers can lead to a wide range of injuries, some of which may be severe or even fatal. When a large and heavy vehicle, like a school bus, strikes a pedestrian, the force of the impact can cause significant harm. Some of the most common injuries include head trauma, broken bones, internal injuries, and spinal cord damage. The severity of these injuries often depends on factors like the speed of the bus and the angle of impact.
Head injuries are among the most serious consequences of pedestrian accidents. A pedestrian who is struck by a school bus may hit their head on the pavement or the vehicle itself, leading to concussions, skull fractures, or other traumatic brain injuries. These types of injuries can cause long-term cognitive problems, memory loss, dizziness, and difficulty concentrating. In severe cases, brain injuries can result in permanent disability or even death.
Broken bones are also common in pedestrian accidents. The force of a collision can lead to fractures in the legs, arms, or ribs. These injuries can be extremely painful and may require surgery, physical therapy, and extended recovery periods.
Internal injuries are another serious concern, as the impact of a bus hitting a pedestrian can cause damage to internal organs such as the liver, spleen, or lungs. These injuries may not be immediately visible but can be life-threatening if left untreated. Internal bleeding is especially dangerous because it can go unnoticed until the victim’s condition worsens.
Spinal cord injuries are also a major risk in pedestrian accidents. If a pedestrian is knocked to the ground or pinned under the bus, they may suffer damage to their spine, leading to partial or complete paralysis. Even less severe spinal injuries can result in chronic pain, mobility issues, and long-term medical complications.
Soft tissue injuries such as cuts, bruises, and ligament damage are also common in these accidents. While some may heal quickly, others can cause lasting pain and discomfort.
How to Prove that a School Bus Driver Was Responsible for a Pedestrian Accident
Proving that a negligent school bus driver was responsible for causing a pedestrian accident involves establishing that the driver failed to exercise proper care, leading to the accident and injuries. Here are the key steps and types of evidence that can help in proving negligence:
- Establishing the Legal Duty of Care: The first step in proving negligence is showing that the school bus driver owed a duty of care to the pedestrian. School bus drivers have a legal obligation to ensure the safety of not only the children they are transporting but also pedestrians who may be around the bus. This includes following traffic laws, driving cautiously, and being aware of their surroundings.
- Proving Breach of Duty: Once the duty of care is established, the next step is to show that the school bus driver breached that duty. Evidence of a breach may include:
- Traffic violations: If the bus driver ran a red light, failed to yield, or did not stop for a school crossing, it can show negligence.
- Witness testimony: People who saw the accident or the driver’s actions leading up to it can testify about any unsafe behaviour they observed.
- Surveillance footage: If nearby cameras (such as from businesses or traffic lights) capture the accident or the driver’s actions, this footage can be key in showing a breach.
- Causation: It’s important to establish that the bus driver’s breach of duty directly caused the pedestrian’s injuries. This is known as causation. The following types of evidence can help:
- Accident reports: Police reports detailing the circumstances of the accident can show how the bus driver’s actions contributed to the pedestrian’s injuries.
- Expert testimony: Accident reconstruction experts can analyze the scene and determine if the bus driver’s actions led to the accident.
- Medical records: These documents show the extent of the pedestrian’s injuries and can help link them to the accident.
- Proving Damages: Finally, to succeed in a negligence claim, the pedestrian must demonstrate that they suffered harm due to the accident. This can include physical injuries, emotional distress, lost income, and more. Medical records, photographs of injuries, and lost income documentation can all support this claim.
In some cases, the school district or bus company may also be held responsible for the driver’s actions if they failed to properly train or supervise the driver. Providing evidence that the driver was inadequately trained or supervised can strengthen the case for negligence.
Steps of Settling or Litigating a School Bus-Pedestrian Accident Case
When a negligent school bus driver causes a pedestrian accident, it’s important to understand the steps involved in settling or litigating the case. A knowledgeable lawyer can guide you through every stage of the process, ensuring that your rights are protected and that you receive fair compensation for your injuries.
The first step in pursuing a pedestrian accident case is filing a claim. After the accident, your lawyer will notify the responsible party’s insurance company. This may be the school district, the bus company, or the driver’s personal insurance. Your lawyer will gather all of the necessary evidence, such as accident reports, medical records, witness statements, and any other documentation that proves the bus driver’s negligence. Filing the claim is important to formally start the process and give you an opportunity to seek compensation for damages.
Once the claim is filed, the insurance company will begin its investigation. They may offer a settlement in an attempt to resolve the case quickly and avoid a trial. A skilled lawyer will handle negotiations on your behalf, ensuring that the offer is fair. Insurance companies often try to settle for a lower amount than what you deserve, but your lawyer will know how to negotiate for the best possible outcome. They will assess your injuries, lost earnings, and any emotional distress resulting from the accident to determine an appropriate settlement amount.
If a fair settlement cannot be reached, the next step is litigation. This involves taking the case to court, where a judge or jury will decide the outcome. Your lawyer will prepare your case by gathering evidence, interviewing witnesses, and hiring experts, such as accident reconstruction specialists, to testify. They will also file a formal complaint with the court and represent you during pretrial motions, hearings, and the trial itself.
Throughout this process, your lawyer will advocate for your best interests, presenting a strong case that demonstrates the bus driver’s negligence and the damages you’ve suffered. If the case goes to trial, your lawyer will ensure that you are fully prepared and that your rights are protected in the courtroom.
A knowledgeable lawyer can handle each of these steps efficiently, giving you the best chance of securing fair compensation while allowing you to focus on recovering from your injuries.
Damages You Can Recover in a School Bus-Pedestrian Accident Case
When a school bus driver causes a pedestrian accident, there will likely be many damages or losses for which victims can seek compensation. These damages aim to address the physical, emotional, and financial consequences of the accident. A knowledgeable lawyer will work to ensure that you receive all of the compensation you’re entitled to recover for your losses.
- Pain and Suffering: Pain and suffering compensation covers the physical pain and emotional distress you experience due to the accident. This includes the pain of your injuries, as well as the mental anguish that may come with them. For instance, if you suffer from long-term pain or anxiety due to the accident, you may be entitled to receive compensation for this suffering. A lawyer will work to prove the extent of your pain through medical records, expert testimony, and your own testimony.
- Lost income: If your injuries prevent you from working, you may be entitled to compensation for the earnings you’ve lost due to the accident. This includes both current lost income and any future loss of earnings if your injuries affect your ability to work long-term. For example, if you miss weeks or months of work due to recovery, you can claim lost income. Your lawyer can document these losses with evidence like pay stubs, employment records, and testimony from your employer.
- Loss of Earning Capacity: In some cases, a pedestrian accident may result in permanent injuries that prevent you from returning to your previous job or earning the same amount of income. In such instances, you may be entitled to compensation for your loss of earning capacity. Compensation for this loss accounts for the long-term effect your injuries have on your ability to work or pursue the career you had before the accident. Expert witnesses, like vocational rehabilitation specialists, may be called upon to evaluate how your injuries affect your future earning potential.
- Emotional Distress: Accidents can also cause significant emotional distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD). If the trauma from the accident affects your quality of life or your mental health, you may recover compensation for emotional distress. A lawyer can gather evidence, such as therapy records, to show how the accident has affected your mental well-being.
Compensation for each of these losses helps to cover the non-economic and financial losses resulting from the pedestrian accident, ensuring that you are fairly compensated for all the ways the accident has affected your life.
Talk with an Experienced Pedestrian Accident Lawyer Today
If you recently suffered injuries in a pedestrian crash that a negligent school bus driver caused, a skilled Edmonton personal injury lawyer can be extremely helpful. Your lawyer will handle all of the legal steps for you and pursue a claim or lawsuit to recover the full compensation you deserve.
