School Bus Accident Claim *
The Road Safety Authority (RSA) reports that school buses are the safest way to get children to and from school each day. This may be true, however, every year young children suffer from school bus accidents * that perhaps could have been prevented. The effects of a bus crash * can be severe and sometimes fatal. The causes for these road traffic accidents * are due to poor weather conditions, substandard level of driving, if your child or a younger family member has been injured as a result of school bus accident * you may be permitted to act on behalf of the child and bring a claim forward.
The human body of a child is not fully developed, meaning a severe injury could impact their growth and leave them with a permanent disability. The effect the accident has on their quality of life is a pivotal factor in the claims process. Some of the other injuries that may be suffered from a school bus injury include:
It is important to note that liability is a big factor when pursuing a claim against a school bus. In most cases, reports will be taken and investigation will be carried out to see if the bus company were negligent in their duties. Bus drivers have the responsibility to provide the safest possible environment when there are children on board. If your child suffered an injury due to a school bus accident * you can get in touch with our team of legal practitioners to discuss your case. Depending on the nature of the accidents one of the following people may be held responsible:
- The school bus driver
- The bus company
- School bus manufacturer
- Driver of another vehicle
- The county or city council if the accident was caused by poorly maintained roads
Claims for children
In Ireland, a child is not permitted to make a personal injury claim * until they reach the age of eighteen. This means that the Statute of Limitations does not commence until their 18th birthday. The Statute of Limitations is the period of time after an injury that you have to bring forward legal proceedings. However, it is important to note that the Next Friend rule does apply.
The Next Friend rule means that a parent or guardian can act on behalf of the child. The adult that steps in to make the claim is known as the ‘Next Friend’. The majority of the time the Next Friend is the parent or guardian or a close family member.
Making a Claim
Record and report the details of the accident
Once the child is in a medically stable condition it is crucially important to document all details possible on the accident and the version of events. This will prevent any key elements being forgotten and the accident can be reported to the authorities. Some of the details that should be taken include:
- Time and date of the accident
- Weather conditions at the time
- Circumstances that caused the accident
- Photographic evidence of the school bus
Using the Next Friend rule, a solicitor can initiate a school bus accident claim * by obtaining a medical report from the doctor/hospital that treated the child following the injury *. Once obtained, an Injuries Board Form A must be completed and sent together with the medical report. The Injuries Board will then suggest an amount to be awarded to the child by the party at fault. Speaking with a solicitor will help you decide with the offer is suitable for the circumstances or not.
Payment of school bus accident claim settlement *
Where a school bus accident claim is successful and a settlement amount has been agreed and approved by the Court, it is important to note that the amount can only be paid to the child when they reach the legal age of 18. Once the child reaches this age, they must make an application to the Courts for the amount to be paid to them.
TELL US ABOUT YOUR CASE
At Tracey Solicitors, our dedicated team of personal injury solicitors * have years of experience in helping people who suffered an injury due to the negligence of another party. We understand the injuries (physically and emotionally) that your child has suffered and have supported many people in similar situations proceed with personal injury claims in Ireland over the past 30 years.
If you are considering to make a school bus accident claim * on behalf of your child, feel free to contact 01 649 9900 for a confidential discussion and tell us about your case or reach out via email to firstname.lastname@example.org and ask any questions or queries you may have.