What are your child’s rights after a school bus accident?
Every school day in Ontario, over 833,000 students travel to and from school by bus. Although school buses are one of the safest methods of travel for students, the consequences of school bus injuries can be devastating for children and their families.
Statistics from a Transport Canada study of school bus collisions between 1995 to 2004 confirm that over 9,400 people were injured in over 25,000 school bus collisions over ten years. Tragically, 142 people died in school bus accidents during the same period (or an average of 14 school bus fatalities per year).[1]
School bus injures can arise from several different causes. The biggest safety risk related to school bus transportation occurs outside the bus itself, with most injuries occurring while students are waiting to board or shortly after disembarking the bus.
Injuries can also occur when a school bus is involved in a collision, either where the school bus is involved in a crash with one or more other vehicles, or a single vehicle collision caused by poor weather or road conditions, mechanical failure or driver error. Children can be injured while onboard if the driver stops, starts or turns suddenly, exposing bus passengers to jarring movements and possibly injuries from contacting other passengers or hitting against the inside of the bus. Children can also be injured onboard because of roughhousing or altercations with other students.
Your Child’s Rights after a School Bus Accident
If your child is injured while boarding, exiting, or riding their school bus, they may be entitled to accident benefits and compensation from a lawsuit (also called a tort claim).
The empathetic personal injury lawyers at Oatley Vigmond can assist your child with accessing accident benefits to help fund their treatment needs while also working to ensure they receive fair compensation from a lawsuit.
Accident Benefits Claims after a School Bus Accident
Accident benefits[2] are available to anyone who has been injured in an accident involving a motor vehicle, whether it is a single vehicle or multi-vehicle accident. The Statutory Accident Benefits Schedule allows anyone who is injured in a motor vehicle accident to make a claim to help them with their recovery, regardless of who is at fault for the collision. This is why they are often referred to as “no-fault” benefits.
If your child is injured in a school bus accident, your own insurance company would respond to your child’s claim for accident benefits, regardless of who was at fault for the collision. If you do not have your own automobile insurance, the insurer for the school bus would be responsible for your child’s accident benefits claim.
Accident benefits claims can provide coverage for medical-rehabilitation expenses, attendant care, non-earner benefits, visitor expenses and lost education benefits for injured children. Certain family members of seriously injured children may also be able to make their own claims for accident benefits for their own medical-rehabilitation expenses or income replacement benefits.
You must notify your own insurer (or the school bus insurer, if you do not have your own insurance) within 7 days of the accident. The amount of accident benefit coverage available will be determined based on the nature of injuries sustained and whether you have purchased optional benefits, so it is important to speak to a knowledgeable personal injury lawyer when applying for accident benefits on your child’s behalf.
Tort Claims after a School Bus Accident
If your child has been seriously injured in a school bus accident, your personal injury lawyer will help advance a tort claim on their behalf. The tort claim seeks compensation for pain and suffering and loss of enjoyment of life, care costs beyond what is available from the accident benefits claim, and future income losses if your child’s injuries will prevent them from fully engaging in the workforce when they are older.
It is also possible for parents and other family members to pursue claims under the Family Law Act, to seek compensation for the loss of their child’s care, guidance and companionship, for their own care needs and for their own income losses and out-of-pocket expenses related to their child’s injuries.
As with the accident benefits claim, there are important timelines to be aware of when bringing a tort claim. The general rule is that injured people must commence the tort claim within two years of the date of their injury, but injured children have a longer timeline and must commence their tort claim within two years of their 18th birthday. However, if the municipality or province is to blame for the school bus accident (for example, a school bus collision caused by poorly maintained roads), they must be notified of any potential claim within 10 days of the accident.
It is important to speak with a knowledgeable personal injury lawyer as soon as possible after a school bus injury, to help your child access accident benefits to assist them with their recovery and to ensure the legal deadlines are met.
Whether your child was injured while riding, boarding or exiting their school bus, the personal injury lawyers at Oatley Vigmond have the experience and compassion to guide you through the legal process.
Please contact us to arrange for a free consultation with one of our lawyers and accident benefits specialists to learn more about your rights and the compensation that may be available for you and your child.
[1] Microsoft Word – TP 2436 RS2007-02 School bus collisions E v5.doc
[2] Accident Benefits Specialists
Written By
As a partner at Oatley Vigmond, Lara Fitzgerald-Husek uses her empathy, creativity, and trial experience to connect with her clients and help them move forward after trauma. Lara focuses her practice solely on personal injury, and she is determined to get her clients the best possible outcome—the one they deserve.