If a school provides transportation for its students, it has a duty to exercise reasonable care in the handling of this duty. However, a school's duty of care comes from the fact that it has physical custody of the students. Thus, a school's control over its students regarding transportation only extends from the time a school bus picks the students up at the bus stop until they reach the school door. If a student is injured on the way to the bus stop or after leaving one, the injury occurred outside the parameters of the school's duty of care, and generally no liability will attach.
A great number of cases have permitted recovery against school entities, school bus owners, and school bus drivers for injuries or deaths suffered by schoolchildren as a result of the bus driver's negligence. In many of these cases, liability has been predicated on the bus driver's violation of a specific statutory duty regarding procedures for boarding and discharging children. Bus drivers are under a duty to obey laws governing the operation of a school bus, and a failure to activate the bus' flashing lights or stop sign while a student is boarding or disembarking is negligent. Depending on the applicable law, a driver may also have a duty to verify that traffic has stopped before permitting a child to exit or to monitor a child's safe crossing of a street. The failure to do so may also constitute negligence.
School bus drivers have also been found to be negligent, even apart from the effect of any statute, for permitting children to get off the bus or cross a highway without warning of approaching traffic. In proper circumstances, liability may be imposed on a school bus driver for discharging the injured pupil in a dangerous place when a better location was available.
If the school bus driver was negligent while driving, and causes and accident, you need representation to fight for maximum compensation for your child's injuries.
When your child has sustained a serious injury, you need a top Philadelphia school bus accident lawyer to get the largest settlement possible.