Is the school system or the driver liable in a Georgia school bus crash?
Either can be, and so can others. After a Georgia school bus crash, liability can fall on the school district, a private school or bus company, the bus driver, another driver, or the maker of a failed part. Who ran the bus and what caused the crash decide which. The Scott Pryor Law Group works out both first.
Key takeaways
- Who ran the bus and what caused the crash decide who is liable.
- Claims against a public school district follow their own process. Have a lawyer check it early.
- The children on the bus did nothing to cause the crash.
- Some injuries surface later, including concussions and post-traumatic stress.
- A school employee's account of the crash is one side of the story. Get your own review.
Who is liable when a school bus crashes in Georgia?
Liability for a Georgia school bus crash turns on two facts: who ran the bus, and what caused the crash. The school district, a private school, a bus company, the bus driver, another driver or the maker of a defective part can each be responsible. The Scott Pryor Law Group answers both questions before naming anyone in a claim.
Who ran the bus decides who stands behind it. A public school bus belongs to a government body, the school district. A private school bus, a charter bus or a bus run by a contractor belongs to a private company. The two are claimed against in different ways.
What caused the crash decides who is at fault. Some crashes are simple. If a careless driver runs a stop sign and hits a school bus, that driver is responsible. Georgia’s at-fault rule: Georgia follows an at-fault system: whoever caused the crash is liable. O.C.G.A. § 51-1-6
Many crashes are harder to untangle. Say a poorly maintained bus cannot steer or stop as it should, and a reckless driver hits it. The reckless driver caused the impact. Whoever let the bus fall into poor repair may share the blame. Questions like this get investigated, then argued over in settlement talks or at trial.
The children on the bus did nothing to cause the crash, and neither did the adults riding with them. For their families, the question that matters is who will pay for their recovery.
Can you sue a public school district over a bus accident in Georgia?
Yes, in many cases. A Georgia public school district is part of government, and Georgia law sets out when it can face a claim over a school bus crash. The Scott Pryor Law Group checks how that law applies to your child’s crash on the first call, because claims against government bodies follow their own process.
The starting point: Government agencies have sovereign immunity, which means they are immune from lawsuits unless there are specific exceptions written into the law.
School buses fall under one of those exceptions: A school district can be sued for a loss arising out of claims for the negligent use of a covered motor vehicle, which includes buses. O.C.G.A. § 36-92-2 The law sets out specific limits for monetary claims: $500,000 because of bodily injury or death of any one person in any one occurrence, an aggregate amount of $700,000 because of bodily injury or death of two or more persons in any one occurrence, and $50,000 because of injury to or destruction of property in any one occurrence. The school district may also carry higher insurance limits and waive immunity to the limits of that insurance. O.C.G.A. § 36-92-2(a)(3)
What the claim covers depends on the facts: who was driving, what the bus was doing and how the crash happened. When the bus driver’s carelessness on the job caused the crash, the claim looks to the school district. When another driver caused it, that driver and their insurer are usually where the claim starts. The district can still share the fault if its driver or its bus played a part.
Three things deserve attention early:
- The deadline. An injured student usually has less time to make a claim against a public school than against a private one. A claim against a government entity requires a notice of your intent to file a lawsuit, called an ante litem notice, within 6 to 12 months of the accident, depending on the entity. Missing this deadline can mean forfeiting your right to pursue compensation altogether.
- The insurance. A school district may carry insurance for its buses. We find every policy that applies.
- The account of what happened. Do not rely on what a school employee tells you about how the crash happened or whether you can recover. The district has its own interests to protect.
What if a private school or a charter company ran the bus?
When a private school, a charter company or a contractor ran the bus, a Georgia school bus accident claim usually works like most injury claims. The Scott Pryor Law Group still checks who owned the bus and who employed the driver, because some private schools and operators receive government funding, and that can complicate the claim.
School transportation comes in several forms. A district may hire a contractor to run its routes. A private school may own its buses or rent them. A field trip or a team trip may use a charter bus. Each setup puts a different company, and a different insurer, behind the bus.
That makes the first job finding out three things:
- Who owned the bus
- Who hired and supervised the driver
- Who kept the bus in working order
The answers sit in the operator’s records, and we ask for them early.
For a claim against a private bus operator, the general deadline applies: Victims generally have two years to file a personal injury lawsuit. O.C.G.A. § 9-3-33 If a child is under 18 years of age when the accident occurs, the two-year statute of limitations doesn't start until their 18th birthday.
If you are not sure who ran the bus, call early. A claim against a public school district follows its own timing, and you want to know which rules apply while there is still time to meet them.
What causes school bus accidents?
Georgia school bus accidents happen for the same reasons other crashes do: careless or reckless drivers, a bus driver’s mistakes, poor maintenance and defective parts. The Scott Pryor Law Group traces the cause of each school bus crash, because the cause decides who is at fault and which insurer pays.
- Other drivers. Negligent or reckless driving by people sharing the road with the bus.
- The bus driver. Negligent driving, and sometimes reckless or intentional conduct.
- Maintenance. A bus that was not kept up and cannot steer or stop as it should.
- Defective parts. A part that fails on the road. Manufacturers can be liable for selling products that are defective at the time of sale if the defects harm consumers. O.C.G.A. § 51-1-11
Often more than one cause is at work. A worn part can turn a near miss into a crash. A bus driver’s mistake can make another driver’s mistake worse. Each cause can point to a different party and a different insurer, and each one has to be proved.
We build the picture from the crash report, photos, witness accounts and the bus’s maintenance records. When a part failed, our product liability page shows how we pursue the company that made it.
What can a family recover after a school bus accident in Georgia?
A family may be able to recover for a child’s medical care, home care, and pain and suffering after a Georgia school bus accident. When an injury is permanent, a claim can also include the income the child may lose as an adult. The Scott Pryor Law Group measures each loss, including injuries that surface after the crash.
Even a minor injury can bring high medical bills and lasting trauma for a child. Bus crashes can cause:
- Cuts, scrapes and broken bones
- Hidden internal injuries, and whiplash
- Traumatic brain injuries, including concussions
- Spinal injuries
- Post-traumatic stress disorder (PTSD) that takes therapy to overcome
A claim may cover:
- Medical expenses, including travel to and from treatment
- Home care
- Pain and suffering
- Loss of future income, when a permanent disability limits the work a child can do later
We do not put a figure on a claim before the facts are in. A child’s recovery can take time, and the full cost of an injury may not be clear until treatment ends. When an injury is permanent, see how we handle catastrophic injury cases.
When should a family talk to a lawyer after a school bus crash?
Talk to a lawyer as soon as you can after a Georgia school bus crash, and before you give a statement to the school district’s or the bus company’s insurer. The Scott Pryor Law Group offers a free consultation for school bus accident cases, and you don’t pay unless we win your case.
We want to hear from you and your child. Here is what happens when you call:
- Tell us what happened. We listen to how the crash happened and how your child is doing.
- We find out who ran the bus. Public district, private school or contractor. That answer sets the process and the timing.
- We protect the evidence. Crash reports, witness accounts and the bus’s records, before they are lost.
- We handle the insurers. You stop taking adjusters’ calls while your child recovers.
We prepare every case for trial. Insurers know we are willing to go to court, and they weigh that when they decide what to offer.
See how we handle bus and commercial vehicle crashes on our Georgia truck accident lawyer page, or review our case results. Schedule a free consultation. Phones answered 24/7.
Hurt in a truck or commercial vehicle crash in Georgia? The consultation is free. You don't pay unless we win your case.
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