Who Is at Fault in a School Bus Accident

Kenneth Powell
4 days ago
6 min read

Throughout Missouri, school buses transport children between their homes and schools. Parents send their kids off to school safely every day with the assumption that they will return unscathed. Unfortunately, if a school bus accident occurs, lives can change in an instant. Serious injuries may occur, and mental trauma can last for many years to come.

School buses are typically considered to be safer than other vehicles, but that does not mean that they cannot get into accidents.

Bus accident injuries, as with all car accidents, can be very serious, and sometimes even deadly. This is why determining fault is imperative. A St. Louis bus accident lawyer can help victims get the compensation they deserve by helping to determine liability and then filing a personal injury claim against the at-fault parties. They can help explain who is at fault in a brake failure accident MO.

Powell Law Firm is a trusted name in St. Louis, and they have experience helping bus accident victims get fair compensation following an accident. Keep reading to understand how fault is determined in a bus accident, who might be liable, and what rights victims have.

Understanding Missouri Law on School Bus Accidents

Missouri is a fault-based state. This means that the person or entity that is responsible for causing an accident is responsible for covering the damages owned to victims. When a school bus accident occurs, fault usually isn't obvious at first. In fact, several parties could hold fault in Missouri bus accidents.

The state also follows a pure comparative fault rule. If a victim is partially at fault, they can still file bus accident lawsuits and can still recover damages. However, the compensation they receive is reduced by the percentage of fault. Here is an example using a simple personal injury claim:

Driver A runs a red light and hits Driver B. Driver B, however, was speeding and distracted at the time of the accident. After an investigation, it is determined that Driver A is 70% at fault and Driver B is 30% at fault. If Driver B is awarded $100,000 in a personal injury lawsuit, they will only be able to claim $70,000 of that, as the award is reduced by the percentage of fault.

When you add multiple parties to the case, and there are several bus accident claims following an accident, things can get very complicated, very quickly. A skilled legal team is a necessity, because insurance companies, bus companies, school systems, and others will all be involved.

Common Causes of School Bus Accidents in Missouri

Several factors can contribute to a school bus accident, and identifying the cause is the first step in determining legal liability

1. Driver Error

The most common cause of motor vehicle accidents is driver error, and school bus accidents are no exception. Whether the bus driver, themselves, is negligent, or another motorist is, an accident can lead to devastating consequences. Here are some examples of driver error that causes accidents:

Speeding
Failure to yield
Distracted driving (e.g., texting)
Running a stop sign or red light
Driving under the influence of drugs or alcohol

If the bus accident is caused by the bus driver, the employer, whether it is the school district or private school bus companies, may also be held responsible under a legal doctrine known as 'vicarious liability.'

2. Bus Company or School District Negligence

School districts and private bus companies are responsible for hiring qualified drivers, training them properly, and maintaining the vehicles.

Even if the company wasn't directly on scene, they could still be found to be negligent in the following ways:

Not doing background checks on bus drivers
Inadequate training
Overloading the bus

3. Poor Vehicle Maintenance

By law, school buses must be regularly maintained and repaired. This ensures passenger safety. If there is a brake failure, a tire blowout, or a steering malfunction that causes the accident, the provider responsible for maintenance could be held liable.

4. Road Conditions and Weather

Hazardous road conditions might also cause a school bus accident. Factors like ice, snow, or even potholes can cause buses or passenger vehicles to lose control. In these cases, local governments, municipalities, or others might have partial responsibility.

5. Other Drivers

Many people automatically assume that the school bus driver always causes the accident, but that's simply not true. Other motorists may also cause the accident by:

Illegally passing a school bus
Following too closely
Driving aggressively in school zones
Failing to yield to children crossing the street

If another motorist causes the bus accident, that driver could be liable for damages.

Experienced attorneys from Powell Law Firm can help assign fault, and then work with their clients to seek compensation. For guidance on a case, hire a motor vehicle accident lawyer in St Louis.

Who Can Be Held Liable in a Missouri School Bus Accident?

Above, the causes of school bus accidents were discussed, and now it's important to understand who can be held liable in these cases.

1. The School Bus Driver

If the school bus accident was caused by a bus driver who was driving carelessly, they can be held liable. However, many times the claims are not filed against the driver themselves, but they are filed against the driver's employer.

2. The School District or Bus Company

If the school bus company did not hire a licensed or capable driver, if they did not train the driver effectively, or if they did not supervise them correctly, the company or school district could be held liable.

Many school districts partner with private transportation companies. In these cases, the private company may assume full responsibility for the actions of the drivers and vehicles.

3. Other Negligent Drivers

Another motorist could also cause the accident. For instance, if another driver runs a red light and hits the bus, they will likely be primarily at fault.

4. Government Entities

It is also possible that a city, county, or other government entity is responsible for the accident. In this case, if poor road conditions, defective traffic signals, or unsafe school zone areas contributed to the crash, the government might bear some of the responsibility. Filing a claim against the government isn't always easy, and legal assistance is extremely important in these cases. Our team can also consult on who is at fault in a school zone car accident MO.

5. Bus Manufacturers or Parts Makers

Though it's rare, defective equipment — such as faulty brakes, seat belts, or warning lights — may play a role in the accident. If so, an attorney can help file a product liability claim against the bus manufacturer or parts supplier.

Proving Fault in a Missouri School Bus Accident

Proving fault in a school bus accident is never easy, and oftentimes, there are many pieces of evidence that must be collected and analyzed before fault can be determined. Here are some of the types of evidence that can be used:

Accident reports
School bus company records
School district records
Video footage
Witness statements
Bus maintenance records
Cell phone records
Medical records
Driver employment records
Accident reconstruction experts reports

To prove fault in a St. Louis bus accident case, four things must be proven:

There was a duty of care - the at-fault party had a legal duty to act in a certain way
There was a breach of that duty - the at-fault party did not do what they were legally supposed to do
There was causation - the breach of the duty directly caused the accident
There were damages - the victim's injuries or loss was a direct result of the accident

What to Do After a School Bus Accident in Missouri

As soon as a bus accident occurs, there are certain things that must be done:

Call 911 and seek out medical assistance
Document any injuries and the accident scene with photos and videos
Speak to witnesses and obtain contact information
Get a copy of the police report
Contact legal counsel to begin the legal process

Compensation Available to Victims

Victims of school bus accidents may be entitled to financial compensation for several things including:

Medical bills/emergency room visits
Rehabilitation and therapy
Pain and suffering
Emotional distress
Lost wages (for injured adults)
Loss of future earning capacity
Future medical expenses
Wrongful death (in fatal crashes)

There are damage caps in government-related claims. This is especially true if the defendant is a public school district.

Because of this, victims need to contact a law office to begin the process to recover compensation, even if there is a cap.

Why Choose Powell Law Firm for a School Bus Accident Case?

When St. Louis families need legal help following a school bus accident, Powell Law Firm is ready to prove negligence and sue the responsible parties. Those who have suffered injuries in a bus accident, especially severe injuries, have rights. Powell Law Firm offers the following:

A personalized legal strategy
Thorough investigations
Aggressive negotiation with insurance companies, insurance adjusters, and more
Courtroom support, if necessary
Compassion throughout the entire process.

Powell Law Firm understands how complicated school bus crashes are — including navigating government entities, insurers, and multiple liable parties. Those who have been injured in a school bus accident in Missouri should reach out for a free consultation.

The negligent parties are legally responsible for their reckless behavior, and Powell Law Firm will aggressively fight for both economic and non economic damages. Call the law firm today.