888-843-8326 If a school bus gets in an accident, injured passengers and other people on the road who were affected by the crash might file legal claims for compensation. It all depends on who caused the accident and the injuries involved.
North Carolina laws governing public school buses will also be taken into account. If you or someone you know was hurt due to a school bus crash, contact a Raleigh bus accident lawyer at CR Legal Team today.
The Legal Questions Depend on Who Caused the Crash
School bus accidents are not automatically the fault of the bus driver or school district. The person or the organization that caused the collision matters, as does the type of school bus involved. A crash like this could involve any of the following:
- A public school bus
- A private school bus
- Another passenger vehicle
- A commercial truck
- A pedestrian
- Another road user
The legal process can change depending on the circumstances. In a traditional negligence claim, the injured person generally needs to establish the defendant owed a duty of care, failed to use reasonable care, and caused the injury.
However, school bus cases introduce another layer because North Carolina has specific rules concerning claims against public school boards. Governmental immunity can affect whether and how an injured person can bring a claim against a public school system.
That does not mean an injured child is automatically left without a legal remedy. North Carolina law creates specific procedures for certain school bus negligence claims, and our attorneys at CR Legal Team can help you move forward based on your circumstances.
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Call 888-843-8326What You Should Know About North Carolina’s Contributory Negligence Rule
North Carolina follows a contributory negligence rule in personal injury cases. In general terms, a plaintiff who is found to have contributed to the injury through negligence faces a barrier when it comes to recovering damages.
However, this can look different when the injured person is a child. North Carolina courts have recognized that a child’s age and capacity are relevant when evaluating whether the child acted negligently.
For parents, this is another reason not to accept an insurance company’s explanation of responsibility without having the claim reviewed by a lawyer. An insurer could attempt to place blame on any of these individuals:
- A child
- A parent
- Another driver
- Another party
At CR Legal Team, our lawyers can examine the facts and respond to arguments concerning fault. The analysis should account for the child’s age, the circumstances surrounding the accident, and the evidence available to establish how the collision occurred.
The legal standard is about determining whether the evidence supports liability under North Carolina law.
Filing Deadlines Can Differ for Government Claims
Time limits deserve particular attention in school bus cases involving a public school system. North Carolina’s general statute of limitations (N.C. Gen. Stat. § 1-52) provides three years for actions involving injuries to a person.
However, this timeframe is subject to exceptions created by other laws. Claims handled under North Carolina’s Tort Claims Act have their own filing requirements. A claim with the Industrial Commission must generally be filed within three years after accrual. For wrongful death claims under that statute, the period is two years after death.
This type of claim generally needs to identify the following:
- The school board
- The employee whose alleged negligence forms the basis of the claim
- The amount of compensation you are seeking
- When and where the injury occurred
- A description of the facts of the collision
Because these requirements are technical and time-sensitive, it’s important to call a lawyer from CR Legal Team. We will review your claim early and make sure the appropriate process is followed.
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Our personal injury lawyers are ready to help.
Contact CR Legal Team now and let us Stand Up for the recovery you deserve.
Call 888-843-8326Evidence Can Help With Your Claim
A school bus accident investigation should look beyond the basic accident report. The available evidence can help establish who was responsible and how the crash happened.
Depending on the circumstances, your CR Legal Team lawyer can use the following evidence to support your claims:
- Police reports and crash diagrams
- Photographs and video recordings
- Statements from students, parents, drivers, and other witnesses
- School bus maintenance and inspection records
- Driver qualification and employment records
- Transportation department records
- Bus route information
- Medical records and billing documents
- School records showing changes in a child’s attendance or performance
- Records concerning the other driver’s vehicle
- Evidence concerning defective vehicle parts or equipment
School buses and surrounding vehicles can also have cameras or other recording systems. Preserving that evidence quickly can matter because recordings are not necessarily kept forever.
A lawyer at CR Legal Team can send preservation requests and pursue relevant records through the legal process when necessary.
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Find out what your case is worth.
Contact CR Legal Team now and let us Stand Up for the recovery you deserve.
Call 888-843-8326Good News: CR Legal Team is the One to Call if Your Child’s School Bus Got in an Accident
If you’re looking for representation after a school bus accident, don’t hesitate to call CR Legal Team. As a family-owned firm, our attorneys believe that injured clients deserve to be treated with compassion, respect, and care.
Our approach is built around three core values: Care Like Family, Listen To Learn, and Do What’s Right. We take the time to understand what each family is going through and provide guidance based on the circumstances of individual cases.
The sooner you call, the sooner we can apply Whole-Person Legal Care™ and fight for a fair outcome in your case. Contact us as soon as possible for advocacy from our attorneys. We Stand Up For You®.
