School Bus Accident Lawyer in Bakersfield, CA
After a school bus accident, who can be held responsible depends on who operated the bus and what caused the crash. If the bus is being run by a public school district, a claim must go through California’s government claims process and generally must be filed within six months of the injury. When a private company operates the bus under contract, an ordinary personal injury claim applies instead, and other parties, including the bus driver, another motorist, or the bus manufacturer, may also share liability. Chain | Cohn | Clark represents children and families in school bus accident claims in Bakersfield and across Kern County.
Who Is Liable in a School Bus Accident?
In a school bus injury case, several parties can share responsibility. Identifying each of them early can strengthen a claim.
The School District or Bus Contractor
Some Kern County districts own and operate their own buses, while others contract transportation to a private company. The distinction matters, because a public school district is a government entity subject to special claim rules and a short deadline, whereas a private contractor is not. It is not always clear from the outside which one operated a given bus, so identifying the operator is one of the first steps an attorney will take in a school bus case.
The Bus Driver
A bus driver who was negligent (speeding, running a light, failing to check blind spots, or driving while distracted, for example) can potentially be at fault for a crash. The driver’s employer is generally responsible for the driver’s conduct on the job.
Another Driver on the Road
Many school bus injuries are caused by other motorists, such as drivers who illegally pass a stopped school bus with its red lights flashing and its stop arm extended. A motorist who does this may bear independent responsibility for a resulting injury.
The Bus Manufacturer or a Maintenance Company
Where a mechanical failure or a defect, such as faulty brakes or a defective restraint, contributed to the injury, the bus manufacturer may be liable under California product liability law. A maintenance contractor that failed to inspect or repair the bus properly may share responsibility as well.
The Six-Month Deadline for a Claim Against a Public School District
Most school buses in California are owned and operated by public school districts, which are government entities. A claim against a public school district is subject to California’s government claims process, which generally requires a written claim to be presented to the district within six months of the date of the injury.
When a private company operates the bus under contract with the district, the six-month government deadline does not apply; the ordinary personal injury deadline does instead. Because it is not always clear who operated a bus, and because a district and a contractor sometimes share responsibility, the safest course after a school bus accident is to talk to an attorney as soon as possible.
The Danger Zone: Injuries Outside the Bus
Many children hurt in school bus incidents are injured outside the bus rather than inside it. The area within about 10 feet around a school bus, where children load and unload, is the most dangerous part of any bus route. A child there can be struck by the bus itself, in one of the driver’s blind spots, or by a passing vehicle that ignores the flashing red lights and the stop arm.
Injuries from school bus crashes and loading-zone incidents can range from minor to catastrophic; some, including concussions and other head injuries, may not be obvious right away. A child should always be medically evaluated after any school bus accident.
Compensation in a School Bus Accident Claim
The value of a school bus injury claim depends on the injury and the care it will require, which for a child can extend well past the initial treatment. Compensation in these cases can include:
- Emergency and medical care, including the emergency visit, imaging, and any surgery or hospitalization
- Future medical care and rehabilitation, including physical or occupational therapy and follow-up treatment, particularly for a head injury or a growing child’s injury
- Pain and suffering, for the child’s physical pain and the disruption to their daily life
- Long-term or lifetime care, where a catastrophic injury requires it
Parents can generally also recover the medical expenses they paid on the child’s behalf. There is no meaningful “average” for these claims, because the value turns on the specific injury and the care it will take over time.
Steps to Take After a School Bus Crash
A few steps in the days after a crash can protect both a child’s health and a family’s legal rights:
- Get medical care for the child immediately, even if their injury seems minor.
- Report the accident and request a written report from the school or the bus company.
- Write down any relevant details while they are fresh, including the bus number, the route, the driver, and any witnesses.
- Keep photographs of the scene and the injuries, and note that an attorney can request onboard camera footage, driver logs, and maintenance records before they are lost.
- Speak with an attorney promptly, because a claim against a public district must be filed within six months.
$22.1
million
Pedestrian Accident
$15
million
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$11
million
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$10
million
Oilfield Accident
$10
million
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$9
million
Industrial Accident
$8.8
million
Police Misconduct
$8
million
Pedestrian Accident
How Chain | Cohn | Clark Handles School Bus Cases
School bus injury cases can have short deadlines and often depend on evidence that can disappear quickly, so early action matters.
We work to identify every party who may share responsibility, and to preserve the evidence, including onboard video, driver logs, and maintenance records, before it is lost. Where the defendant is a public school district, we prepare and present the government claim within the deadline, so the family’s rights are protected while the case is built.
Frequently Asked Questions About School Bus Accidents
It depends on who operated the bus. If a public school district operated it, you generally must present a written government claim within six months of the injury, which is far shorter than the deadline for most injury claims. If a private company operated the bus, the ordinary personal injury deadline applies instead. Because it is not always clear which one is involved, it is best to contact an attorney as soon as possible.
Yes, if the district operated the bus and its negligence, or its driver’s negligence, caused the injury. Because a district is typically a government entity, the claim must begin with a written government claim presented within six months. The district is generally responsible for the conduct of a driver it employs.
Then the claim usually proceeds as an ordinary personal injury claim against that company, without the six-month government deadline. In some arrangements the district and the contractor share responsibility, so it is worth investigating both. Preserving evidence early still matters, because the company and its insurer begin their own investigation right away.
Compensation typically comes from the insurance of the party at fault, which may be the district or its contractor, another motorist, or the manufacturer of a defective bus. A claim against a responsible party can cover medical and future care, rehabilitation, and your child’s pain and suffering, beyond what any immediate medical coverage provides.
California requires three-point lap-and-shoulder seat belts on school buses built after the mid-2000s, though older buses in service may not have them. Large buses may also rely on a design called compartmentalization for protection. Where a restraint was missing or failed, that can be part of the investigation, as a defective restraint may involve the manufacturer.
Why Choose Chain | Cohn | Clark
Since 1934, Chain | Cohn | Clark has represented injured people and families throughout Kern County and the Central Valley. We handle school and campus injury claims, including the government claims process a case against a public district requires, and over our history we have recovered substantial compensation for injured people across the Valley. Contact us today for a free consultation.
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