School Bus Accidents

Navigating Governmental Protection in School Bus Crashes in Maryland

December 27, 2019 | Lebowitz & Mzhen

When a school bus is involved in a Maryland bus accident, plaintiffs need to deal with the additional complication of navigating governmental immunity. In injury claims filed against a public school district, plaintiffs have special considerations.

First, a claimant normally must provide timely notice to the state or municipality, advising the entity of the claim. The Maryland Tort Claims Act generally requires that a claimant first submit a written claim to the Treasurer within one year of the injury. The notice needs to comply with the requirements provided in the Act, which include a statement of facts and specific damages. The Treasurer then has the opportunity to grant or deny the claim. If the Treasurer denies the claim, the plaintiff can file the case in court. A claim generally also needs to be filed within three years of the accident, although this can be extended in certain, limited circumstances.

Second, immunity is often raised as a defense in claims against governmental entities or employees. The doctrine of immunity limits the ability of plaintiffs to proceed with claims against state and local governments in some cases. Immunity normally must be waived in order for the claim to go forward—which usually happens through a statute. In cases against local government entities, such as school districts, Maryland law protects them from suit as long as the entities are carrying out certain duties. Immunity normally functions to protect government employees, as long as they are acting in their official capacity, and the employee’s actions are carried out without malice or gross negligence.

Following Up: Laws on Passing Maryland School Buses

November 5, 2019 | Lebowitz & Mzhen

More than 800 students are killed each year going to and from school, according to the National Research Council, National Academy of Sciences. In addition to citations and fines, illegally passing a school bus could result in a crash with students walking to or from the bus. If a student is injured in a Maryland truck accident, a driver may be held responsible through a Maryland personal injury claim.

Under section 21-706 of the Maryland Code, if a school vehicle is flashing red lights, a driver must stop for a school vehicle at least 20 feet from the rear of the front of the vehicle. A driver cannot proceed until the school vehicle continues moving or deactivates the flashing red lights. According to the Maryland Motor Vehicle Administration, the greatest danger to students taking the bus is when approaching or leaving the bus. The stop sign on a Maryland school bus will show yellow flashing lights to indicate that the bus is preparing to load or unload children. Motorists are supposed to slow down and prepare to stop. The stop sign will show red flashing lights and the extended stop arm to indicate that the bus has stopped and that children are getting on or off. Motorists are required to stop until the flashing lights stop, regardless of which direction they are coming from and irrespective of how many travel lanes there are.

In the first 40 days of the 2017-2018 school year, 7,919 drivers in Montgomery County, Maryland, were recorded on school bus cameras illegally passing school buses. The Montgomery County Public School District has stated that it reports nearly 800 to 1,200 illegal passes in a single day. A school bus camera citation comes with a $250 fine. If a police officer issues a citation for the same offense, the fine is $500.

The Dangers Maryland Students Face When Boarding a School Bus

October 28, 2019 | Lebowitz & Mzhen

Every parent is nervous the first time they send their child to school on the school bus. School buses are generally known to be safe for students. However, accidents can happen while students are on the bus, but also while they are approaching the bus. In fact, students are most at risk of being involved in a Maryland bus accident when they are getting on or off a school bus.

These days, all school buses are equipped with additional safety features such as swinging gate arms or deployable stop signs that bus drivers can use to warn other motorists that students will be getting on or off the bus. Of course, these signals are not recommendations, and drivers must not pass a stopped school bus, or drive around a lowered gate arm. However, whether it be because they are in a rush or because they are not paying attention, too many drivers ignore school bus drivers’ signals and try to navigate around buses as they drop off or pick up students, putting children at great risk.

In most situations when a child is struck while getting on or off the school bus, the driver that struck them is responsible. However, in some situations, the bus driver may also bear some responsibility. In either case, injured students and their families can pursue a Maryland personal injury case against all potentially at-fault parties. It is important to keep in mind that the student’s own potential negligence may come up as a defense to their claims.

Student Safety on Maryland School Busses

September 26, 2019 | Lebowitz & Mzhen

Sending a child to school on a school bus is a fact of life for many Maryland parents. Indeed, school buses make it possible for the children of busy parents to get to and from school. However, while school buses are by and large a safe means of transportation, there are many Maryland school bus accidents each year.

School buses themselves do a reasonably good job of keeping students safe, even in the event of an accident. However, this is not the case when students are not correctly sitting in a designated seat. According to a recent news report, several students spoke up after the bus they were riding in was involved in a traffic accident.

Evidently, one student told reporters that the bus was so packed that some students were sitting on the floor. She explained that the bus was often so crowded that there would be three students to a seat. Some students who did not want to be crammed into the seat, would not allow other students to sit with them, forcing them to sit on the floor. She also explained that it was common for students to ride with their legs in the aisle because there was no room to sit facing forward.

Are Maryland School Bus Drivers Legally Responsible for Students’ Safety?

August 6, 2019 | Lebowitz & Mzhen

As a general rule, the law imposes a duty on all motorists to drive in a safe, reasonable, and law-abiding manner. When a motorist violates this duty, and injures someone as a result, the accident victim can often pursue a claim for compensation. Bus drivers are no exception, and when a student is injured in a Maryland school bus accident, parents may have a claim against the driver or their employer.

Bus drivers, however, are often employed by the school district, making them government employees. Because of this, Maryland school bus accident cases are often brought against the government, and implicate the Maryland Tort Claims Act (MTCA). Unlike other states’ tort claims acts, the MTCA broadly waives government immunity, allowing injury victims to pursue a broad range of claims against government entities. However, claims under the MTCA are subject to strict procedural requirements and also to a damages cap. As of October 2015, recovery in an MTCA claim is limited to $400,000 per accident victim and a total of $800,000 per accident.

Recently, a state appellate court issued an opinion in a tragic bus accident that resulted in the student’s death. According to the court’s opinion, the bus driver stopped the bus across the street from the student’s home. The driver turned on the vehicle’s flashing lights, and lowered the “stop” arm and crossing gate. The student exited the bus as the bus driver told him, “see you tomorrow.”

Establishing Liability in a Maryland School Bus Accident

April 5, 2019 | Lebowitz & Mzhen

When parents allow their children to take the bus to school, they assume that the bus driver will get their children safely to and from school. Indeed, for the most part, school bus drivers are highly qualified drivers; however, even experienced drivers can occasionally make mistakes.

Earlier this month, a group of Maryland students were involved in a Maryland school bus accident in Schuylkill County. According to a local news report, the accident occurred around 9:45 in the morning as the students were on their way to the Holocaust Museum in Washington, D.C. Evidently, the bus was on the highway when the driver noticed that a vehicle ahead had come to a stop. The driver of the bus attempted to swerve around the stopped vehicle, but ended up crashing into a propane tanker.

The bus, which was chartered by the school, contained 52 occupants, including 47 students, the driver, and four adult chaperones. Authorities reported that bus driver and two students sustained non-life-threatening injuries in the accident.

Who Is at Fault in Maryland Train Accidents?

February 6, 2019 | Lebowitz & Mzhen

Maryland railroad accidents are more common than most people believe. While trains are not as ubiquitous as they once were in the United States, there is still a significant amount of cargo that is transported across the country by train. In fact, it is estimated that there are about 150,000 miles of active train tracks in the U.S. Much of this track is concentrated around the eastern seaboard, making Maryland a hub for railroad activity.

In addition to active train tracks, there are tens of thousands of miles of unused or abandoned tracks. And while most intersections between train tracks and roads are marked with signage or gates, that is not always the case. This can create confusion for a motorist who may not know if railroad tracks are active. Of course, when a motorist encounters an unfamiliar intersection with railroad tracks, it is always best for that motorist to slow down and check both ways before proceeding across the tracks.

Determining who is at fault in a Maryland train accident can be tricky, and depends heavily on the circumstances of the accident. While not all intersections with railroad tracks are required to have flashing lights or lowering arms, all intersections should be marked appropriately. If gates or lights have been installed, however, they should be adequately maintained. Additionally, the area immediately around the railroad track should be clear of foliage and debris to allow motorists to see if a train is approaching.

Maryland School Bus and Charter Bus Accidents

December 12, 2018 | Lebowitz & Mzhen

Each day, thousands of students ride Maryland school buses to and from school. For the most part, these trips are short and uneventful. However, each year there are a significant number of Maryland school bus accidents. While most of these accidents involve low speeds and do not result in serious injury to the students, that is not always the case.

Student Killed in Bus Accident on the Way Home from Championship Football Game

Earlier this month, a fatal bus accident in Arkansas claimed the life of one student and injured 45 others. According to a local news report, the accident occurred on an empty highway at around 2:40 in the morning.

Evidently, the bus was carrying a youth-football team that had played a championship game earlier that weekend. The bus departed from Dallas, Texas and was traveling back to Memphis Tennessee. After the accident, the driver of the bus told police that she lost control of the vehicle as it drifted off the side of the road. Once off the roadway, the bus rolled over onto its side. One nine-year-old boy died from the injuries he sustained in the accident, and 45 others were injured. Most of those on board the bus were children; however, there were a few adult chaperones.

Establishing Liability After a Maryland School Bus Accident

November 19, 2018 | Lebowitz & Mzhen

Picking up the phone to hear that a child has been involved in any kind of accident at school is a parent’s worst nightmare. Teachers and school administrators are charged with keeping students safe and, for the most part, do a pretty good job. However, getting children to and from school is beyond the control of administrators and rests with bus drivers who are often contracted out by the school district.

Liability in School Bus Accidents

Determining liability in a Maryland school bus accident, like any other traffic accident, requires an analysis of all potentially liable parties. Of course, when the accident involves other vehicles, the drivers of those vehicles would be considered, as well as the driver of the bus. However, there are often other third parties that should be considered as defendants.

School bus drivers may be government employees that are hired and trained by the school district. If this is the case, then the local government is responsible for making sure that drivers are qualified before they are hired. Similarly, a driver must also be provided with adequate training and oversight. An accident caused by a negligent bus driver who is employed by the school district could result in the district being held liable under the doctrine of respondeat superior. Importantly, a school bus accident claim filed against a school district or other government entity must comply with the requirements for complaints filed against a government entity.

Liability in Maryland School Bus Accidents

October 3, 2018 | Lebowitz & Mzhen

A Maryland school bus accident is one of the biggest fears for parents whose children take the bus to school every day. And given that Maryland school buses are not equipped with seat belts, even accidents on rural and suburban roads can lead to devastating consequences. Of course, when a bus route takes students on the highway, the risk of a serious bus accident increases drastically. As a general matter, school bus drivers owe a duty of care not just to the students on board the bus, but also to other motorists on the road. When a school bus driver’s negligence causes an accident that results in injuries to either the students on the bus or to other motorists, the injured parties may be able to pursue a Maryland personal injury claim against one or more parties.

Depending on the specific circumstances of the accident, it may be appropriate to name one or more of the following parties: the bus driver, the school or school district, the bus manufacturer, as well as any independent contractor that may be involved in the hiring, training, or employment of the bus driver. Determining which parties should be named in a Maryland school bus accident should be left to a Maryland personal injury attorney with experience handling these particular claims.

Dozens Injured, Including Several Students, in Recent Bus Accident

Last week, dozens were injured in a single-vehicle school bus accident that occurred while the students were on their way to Sea World in San Antonio, Texas. According to a local news report, the bus was carrying 24 students – all girls – and several administrators when the driver lost control of the vehicle. Evidently, after the driver lost control of the bus, it flipped over and slid off the highway onto the grassy median along the side of the road.