What Should I Do If My Child Was Injured in a School Bus Accident?

It’s the phone message no parent wants to hear: “There’s been a school bus accident.”

Your chest pounds and your mind races. Whether your child is preschool age or a teenager, as you dash out the door to the crash site, you fear the worst. You may try to remind yourself that school buses are the safest way to transport students. But what if your child is the unlucky statistical outlier who suffers an injury in a school bus crash?

When the dust settles and your child gets the medical treatment he or she needs, your thoughts may turn to holding the at-fault parties accountable for the incident. That’s when an experienced Jackson, MS school bus accident lawyer can help.

Contact Derek Hall P.C. as soon as possible for a free claim review and discussion about your legal options.

Types of School Bus Accidents

School bus accidents include more than just traffic collisions. They can take other forms as well. For instance:

• Falls while getting on or off the bus
• Trips and falls while onboard the bus, perhaps due to a dangerous condition like a defect in the flooring
• A pedestrian or bicyclist struck by a school bus

The reason school buses are so safe compared with other forms of transportation is because they’re the most regulated. In addition, they’re designed with safety features other vehicles don’t have. For this reason, the greatest risk involving a school bus is not while riding the bus. It’s’ when approaching or leaving one.

Can I Sue the School if My Child Was Injured on the School Bus?

The answer may be yes, and it depends on the circumstances. A public school district is considered a government entity. This provides immunity or protection from lawsuits in many instances. In the event of an injury related to a school bus accident, how the crash itself happened will dictate whether you can file a claim against the school district.

In the event that another car or truck hit the bus and your child was injured, the other driver is may be considered at fault depending on what happened. If so, you can file a claim against the at-fault driver.

Statute of Limitations Is Shorter When a Claim Is Against a Government Entity

Most personal injury claims and lawsuits have to be filed within two years of the date of injury. When filing a claim against a government entity, such as a school, the process is different. First, you must file a notice of a claim with an official from the school, usually within 60-90 days. Once you have done that, then a formal personal injury claim can be filed.

There are only certain instances when a claim can become a lawsuit. This occurs if the school denies the claim, or if they fail to take any action within three to six months. The length of time varies from state to state, and even city by city. This is an important consideration.

Do I Need a Lawyer for My Child’s Personal Injury Claim?

A school bus accident involving your child can leave you in shock. The first priority is your child’s safety. Focus on obtaining the best medical care for your child. It’s wise to have your child see a doctor, even if there are no apparent injuries right after the incident.

Some injuries may not be visible immediately. Note any symptoms that may need further evaluation.

Make careful notes about all information provided to you by the school district, police department, or other sources. Keep copies of any documents you receive.

As soon as possible, contact a school bus accident attorney for guidance. An attorney can take immediate, high-priority steps to protect your child’s legal rights. This involves investigating the accident scene, evaluating liability and placing parties on notice of injury claims.

Going up against a public school district, government agencies and large insurance companies call for an attorney with relevant experience and solid skills in negotiation. It’s important to hire the right personal injury attorney.

Our Lawyers Are Ready to Help Your Family After a School Bus Accident

Derek L. Hall, PC, has been managing personal injury cases for more than 25 years, with outstanding results for our clients. We’re known for taking on the toughest cases and never backing down.

Accidents that cause serious injuries can make it extremely difficult for your child. In fact, it may have consequences for your whole family. You need an attorney who understands what you and your child are going through and the impact it’s having on your quality of life.

The locals know Derek L. Hall, PC will stand by your side whether the accident occurred in the Jackson area or elsewhere in Mississippi.

We have the resources and the passion to address your child’s immediate and long-term needs, with the goal of making them whole again for the rest of their life. Call now for your free consultation with experienced professionals who care.

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Do Warning Signs Protect Property Owners from Liability?

Premises liability injuries are some of the most common accidents that happen in the United States. Many of these accidents are the result of negligence on the part of property owners, managers, or occupiers.

However, property owners and others often try to shift liability for accidents by displaying warning or disclaimer signs on their land or in their buildings. These signs usually say something to the effect of “Not responsible for accidents or injuries” or “Enter at your own risk.”

Are those warning signs really effective? In most cases, they aren’t.

Just because a property owner puts up a warning sign doesn’t mean that they’re off the hook for any injuries sustained by people who are hurt on their land or in their building. If you’ve been injured due to a fall or some other incident on someone else’s property, it’s important to speak to a premises liability lawyer as soon as possible.

At the law offices of Derek L. Hall, our legal team can examine your case and determine who might be liable for your injuries. We can also gather the evidence needed to prove your claim and fight for the compensation you deserve.

Our law practice has more than 20 years of experience handling a wide range of legal claims like those involving falls and other types of premises liability. We’ve helped our clients recover millions of dollars in compensation.

For your free case review, call us or visit our contact page now.

Is a Warning Sign Required?

Warning signs are not always required on someone’s property, but they are required in certain situations. Cities, states, and the federal government sometimes require warning signs for certain kinds of properties, especially if there’s some kind of potentially dangerous activity happening on the property. For example, many cities and states require swimming pools to display signs that warn children and their parents about the potential dangers involved in using a public pool.

Warning signs are also required in areas where there are potential hazards that could harm visitors or guests to a property. This goes back to the duty of care that property owners and managers have to tenants, guests, and others who visit or use their land. For instance, if a staircase breaks in someone’s store, the store owner has a legal obligation to repair the staircase and to warn visitors of the possible danger from using the stairs while the repairs are underway.

If there is a need for a warning sign and a property owner or manager does not put one up, then they may be liable for any injuries sustained by people injured on the property.

Does a Warning Sign Prevent a Victim from Seeking Compensation?

A warning sign could play some role in determining liability for an accident on a property, but it’s not an automatic guarantee that the property owner is not liable. Whether or not there was a warning sign about any hazards on the property is only one factor in determining liability for premises liability claims.

These claims are based on the legal doctrine of negligence, which states that property owners and managers must exercise reasonable care to protect the safety of those who visit their property. There are four components that a plaintiff (the person or entity filing a lawsuit) must prove when filing a claim against a property owner. Those components are:

• The defendant (the person or entity the lawsuit is filed against) either owned or controlled the property on which the plaintiff’s injuries occurred.
• A hazardous condition existed on the property, such as broken stairs, for example.
• The plaintiff sustained some kind of injury or loss on the premises.
• The hazardous condition on the premises led to the plaintiff’s injuries, plus the plaintiff must provide proof of their injuries and how they’re related to the hazardous condition on the property.

Determining fault in a premises liability claim doesn’t begin and end with warning signs. If a plaintiff can show that a property owner did not meet the standard of care required of them by the law, they can be held liable for compensation – regardless of whether there were any warning signs on the property.

When Can Warning Signs Be Ineffective?

Warning signs must meet certain standards if they’re to be considered effective, and by extension, count as grounds to shift liability away from a property owner. In some cases, these standards are explicitly laid out by state and local laws.

There are a few general guidelines that warning signs must meet in order to be considered effective:

• The text on the sign must be large enough for people to read at a distance.
• The sign must be placed in a spot where it’s clearly visible.
• People must be able to see the sign before they encounter the hazard on the property.
• The text of the sign must be in a language that the majority of the people who see it can understand.

If a warning sign does not meet these guidelines — for example, if the sign is in English in an area where most people speak Spanish or if the sign is obscured by a tree — then it likely won’t be considered to be effective. If a sign is not effective, it will likely not shield the property owner from liability for injuries sustained on the property.

Contact a Premises Liability Lawyer at Derek L. Hall, PC

If you’ve been hurt due to a property owner’s negligence, you need to speak to a premises liability lawyer right away. Mississippi law states that you only have three years from the date of your injury to file a claim for damages in personal injury cases. It takes a while to gather all the evidence you’ll need to prove your claim. If you take too long to file your claim, then you’ll miss out on any opportunity to collect compensation for your injuries.

Contact an experienced premises liability attorney before it’s too late. To get started today, call Derek L. Hall, PC or visit our contact page to schedule your free initial consultation.

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