Maryland Trucking Accident Lawyer Blog
School buses are common on Maryland’s roads, ensuring children get to and from school safely. Unfortunately, school bus accidents can and do happen, just like any other vehicle. While the recent school bus crash in Chillum, Maryland, involved no injuries or children, it highlights the potential dangers posed by school buses and the importance of understanding your legal rights if you’re involved in such an accident.
Due to the size and weight of the vehicles involved, school bus accidents in Maryland are similar to truck accidents. Both can cause severe damage, especially when smaller passenger cars are involved. Maryland personal injury law allows school bus or truck accident victims to seek compensation for their injuries, medical bills, and other losses. However, these cases can be more complicated when they involve public entities like school districts, which specific legal doctrines, such as governmental immunity, may protect.
Understanding how Maryland law applies to your case is crucial if you’ve been injured in a school bus accident. Here’s what you need to know.
Maryland Law on School Bus Accidents
In Maryland, school bus drivers must follow the same rules of the road as other drivers. When a school bus driver causes an accident through negligence, they (and potentially their employer, like the school district) can be held liable for any injuries or damages caused. However, special legal challenges may arise when public entities like Montgomery County Public Schools are involved.
Under Maryland’s personal injury laws, victims of school bus accidents can file a claim to recover compensation if they can prove that the driver or another responsible party acted negligently. Negligence in school bus accidents may include reckless driving, speeding, failure to yield, or distracted driving. Maryland law requires all drivers, including school bus drivers, to operate their vehicles safely and obey traffic regulations. They are legally responsible for the consequences when they fail to do so and cause a crash.
Filing a Claim After a School Bus Accident in Maryland
When a school bus is involved in an accident, determining who is responsible for your injuries can be complex. Depending on the circumstances, you may be able to file a claim against the bus driver, the school district, or even a third party. However, cases involving public school buses may fall under different legal standards than private accidents due to the involvement of government entities.
In Maryland, governmental immunity can come into play in cases involving public school buses. Governmental immunity is a legal doctrine that protects government entities from being sued in certain situations. However, Maryland has waived governmental immunity for some types of claims, including negligence by public employees, like school bus drivers. This means you can still pursue a claim, but you must follow specific steps and time limits to file a lawsuit against a government entity in Maryland.
For example, if you’re filing a claim against a public school district in Maryland, you must provide notice of your intent to sue within one year of the accident. This is a shorter deadline than the general three-year statute of limitations for personal injury claims in Maryland, and failing to provide proper notice could result in your case being dismissed.
What Do Victims Need to Prove in a Maryland School Bus Accident Case?
To successfully recover compensation in a school bus accident case, you must establish liability by proving that the school bus driver or another party was negligent. This means showing that:
- The bus driver or responsible party had a duty to operate the vehicle safely;
- They breached that duty by acting negligently;
- Their negligence directly caused the accident and your injuries; and
- You suffered damages from the accident, such as medical bills, lost wages, or pain and suffering.
Proving negligence in cases involving public school buses can be more complicated due to the involvement of governmental entities. Governmental immunity can limit the liability of school districts and other public entities, making it more challenging to hold them accountable for accidents. However, Maryland law provides some exceptions to this rule, particularly in cases where public employees (like school bus drivers) act negligently while performing their duties.
Contact the Dedicated Maryland Injury Lawyers at Lebowitz & Mzhen to Learn More
If you or a loved one was recently injured due to another’s negligence, it’s important you take a few minutes to learn about your rights and what you can do to hold the at-fault party accountable. At Lebowitz & Mzhen, we have decades of combined experience handling all types of personal injury, wrongful death, and medical malpractice lawsuits on behalf of clients throughout Maryland and Washington, D.C. To learn more and to schedule a free consultation today, give us a call at 800-654-1949. You can also connect with us through our secure online contact form.