Road accidents are common and can be caused by any automobile or school bus. If a person sustains a severe injury from a school bus accident, can they sue the school district? Or does the government give immunity to the school district that bans suing the latter to recover damages?
To understand these situations, we must first understand the state and federal laws governing them. Understanding the laws can help victims’ decision to file a claim to recover damages from injuries sustained.
What Is Governmental Immunity?
When a school district has governmental immunity, it cannot be prosecuted for various issues that may arise. These issues include a student getting injured in an accident that was nobody’s or the student’s fault. They also include when an employee causes an accident without intent.
Governmental immunity, also known as sovereign immunity, typically applies to school district vehicles and their drivers. However, it depends on the case; where some cases have this immunity, others do not have the same luxury. Understanding where and how this immunity applies can guide a victim’s decision to hire a lawyer for the incident.
Types of Claims That May Arise Against the School District
Generally, two types of claims may arise against a school district: negligence and willful harm. Negligence covers many things, including the lack of repairs of a school bus or failure to remove defects. It can also occur when there is general apathy in taking care of school buses.
In most cases related to negligence, students do not suffer injuries substantial enough to pursue a claim. However, there are instances where negligence is enough to pursue a claim for damages.
If localized reports, statistics, and evidence suggest that the same school has had similar, unresolved accidents. The victim and their lawyer can sue the school district for normal accidents, regardless of the government immunity in place. The victim’s case can be strengthened with an official report from the doctor who treated their injuries and the recovery time. A personal injury lawyer may present the case before a judge, and pursue the claim. In some incidents, especially with negligence in the claim, the plaintiff and lawyer may have enough information to progress with the case.
When Is Litigation for Accidents Against a School District Valid?
Litigation against a school district for accidents caused is valid if the victim sustained serious injury. Also, the injury must be such that the accident victim needs compensation to recover. In general, the injuries the victim sustained need to pass a certain threshold of monetary calculations to be considered.
Issues that apply include:
- Pain and suffering
- Trauma and distress
- Therapy for physical recovery
- Direct treatment for the injury
Victims are not eligible to file a lawsuit against the school district if their injuries are relatively minor, such as minor scrapes or a single broken bone. Therefore, if you were involved in an accident with a school bus, it’s advisable to consult with legal counsel before pursuing a case against the school.
Governmental immunity does not serve as a legal shield in the following scenarios:
- When the board of education is involved in a business-like activity (proprietary function).
- In cases of breach of contract claims.
- When the school is found to have violated state or federal constitutional rights.
Conclusion
Summarily, school districts typically have governmental immunity, which provides a ban against suing the school under certain circumstances. These include accidents where no one was at fault, the student was at fault, or the driver caused it without intending to. However, the school can be prosecuted if negligence is involved, such as failing to keep the school bus in good shape.
Media Information:
Bordas and Bordas Attorneys
(412) 502-5000
420 Fort Duquesne Blvd.
Suite 1800
Pittsburgh, PA 15222
