School bus accidents can result in serious injuries, emotional trauma, and significant financial burdens for families. If your child or a loved one has been injured in a school bus accident, you may have the right to pursue legal action and recover compensation for damages. Understanding your legal options is the first step toward protecting your family’s interests and holding responsible parties accountable.
Can You Sue for a School Bus Accident?
Yes, you can file a lawsuit following a school bus accident. When negligence or misconduct contributes to an accident, injured parties have the right to pursue legal claims against the responsible parties. School bus accident lawsuits differ depending on the circumstances, whether the accident involved a student riding on the bus, a third-party driver struck by the bus, or a pedestrian injured in the collision.
In Florida, injured parties have two years from the date of the accident to file a claim under Florida Statute §95.11 for incidents occurring on or after March 24, 2023. For incidents before March 24, 2023, the three-year statute of limitations may still apply. This statute of limitations applies to most personal injury cases, though certain circumstances may extend or shorten this timeline. Acting quickly to consult with an attorney ensures you preserve evidence, meet all filing deadlines, and comply with notice requirements.
Who Can File a School Bus Accident Claim?
Multiple parties may have grounds to file a school bus accident lawsuit:
- Parents and guardians of injured students can pursue claims on behalf of their children
- Passengers on the bus injured in the accident retain full rights to compensation
- Third-party drivers and pedestrians struck by a school bus can sue for their injuries
- Wrongful death beneficiaries can file claims when a school bus accident results in a fatality
Each situation presents unique legal considerations, and the liable parties may differ based on how the accident occurred.
Identifying Liable Parties in School Bus Accidents
One of the most important aspects of a school bus accident case involves determining which parties bear legal responsibility. Multiple defendants may share liability, and identifying all responsible parties directly impacts the compensation you can recover.
School districts must protect students by hiring qualified drivers, maintaining safe vehicles, and enforcing safety protocols. Failure to meet these duties can create liability. In Florida, such claims fall under §768.28, which limits recovery to $200,000 per incident and $100,000 per person, requires six months’ notice before suit, and bars punitive damages.
Bus drivers also play a critical role in preventing accidents. They must operate vehicles safely and follow all traffic laws and safety regulations. Negligent driving, such as distraction, speeding, or reckless operation, can create liability for both the driver and their employer.
Similarly, bus companies and contractors that operate school transportation services are responsible for ensuring vehicles are properly maintained and drivers are well-trained. Failure in these areas can establish liability.
Other motorists may also share responsibility. When third-party drivers act negligently and cause a collision with a school bus, they can be held liable for injuries to passengers, pedestrians, and other motorists.
Finally, liability may extend to vehicle or equipment manufacturers if a defect in design or production contributed to the crash or worsened injuries. Product liability claims may apply in these situations.
Common Causes of School Bus Accidents
Understanding how school bus accidents occur helps establish liability and supports your claim. Common causes include:
- Driver negligence and fatigue from long hours or inadequate rest
- Mechanical failures and defects in brakes, steering, or other critical systems
- Poor road conditions and weather that drivers fail to account for
- Other drivers’ negligence causing collisions with the school bus
- Inadequate safety equipment or failure to maintain safety features
- Failure to follow traffic laws by the bus driver or other motorists
Each cause may implicate different liable parties and affect the strength of your claim. An accident investigation is essential to identifying the root cause.
Types of Recoverable Damages
School bus accident victims may recover compensation for several types of damages:
Economic damages cover measurable financial losses such as:
- Medical expenses (emergency care, hospitalization, surgery, rehabilitation)
- Future treatment or long-term care costs
- Lost wages and reduced earning capacity
- Property damage to personal belongings
Non-economic damages address personal and emotional losses, including:
- Pain and suffering
- Emotional distress or psychological trauma
- Disability, disfigurement, or loss of enjoyment of life
- Loss of consortium (companionship and support from family)
Punitive damages may apply in cases of gross negligence or intentional misconduct by private parties, but are generally unavailable against government entities due to sovereign immunity.
Understanding Settlement Ranges
School bus accident settlements vary significantly based on case-specific factors. Settlements typically range from $20,000 to over $1 million, depending on injury severity, medical expenses, and liability clarity.
Factors affecting settlement value include the severity of injuries, total medical expenses, lost wages, and future earning capacity, the type of bus involved, clarity of liability, and available insurance coverage. Our case results demonstrate our ability to secure substantial recoveries.
Steps to File a School Bus Accident Lawsuit
Taking the right steps immediately following an accident strengthens your legal position:
- Seek prompt medical care, even for minor injuries.
- Document the scene with photos or video (if safe).
- Collect contact details from witnesses and first responders.
- Report the crash to the school district and bus company.
- Preserve key evidence such as the bus, maintenance records, and driver logs.
- Consult an attorney familiar with school bus accident cases.
- File your claim within the statute of limitations (two years in Florida for incidents on or after March 24, 2023; three years for earlier cases) and meet the six-month notice rule for government claims.
Insurance companies may undervalue claims. Legal guidance helps protect evidence, manage negotiations, and pursue full compensation while you focus on recovery.
Special Considerations for School Bus Claims
School bus accident claims involve several distinct legal considerations:
- Sovereign immunity protections may limit liability against school districts; however, motor vehicle accidents typically fall under exceptions outlined in Florida Statutes §768.28. Recovery is capped at $100,000 per person and $200,000 per incident.
- Shorter filing deadlines apply to claims against public entities, making prompt action essential. Florida law also requires a six-month notice period before litigation can proceed.
- Procedural requirements for government-related claims differ from standard personal injury cases, including specific filing and notice rules that vary by jurisdiction.
- Insurance coverage limitations may restrict recovery amounts, so identifying all available policies and coverage sources is important.
- Multiple defendants are common in school bus cases, which can complicate litigation but may also increase potential recovery by distributing liability among responsible parties. Our litigation team has extensive experience managing complex multi-defendant cases.
Frequently Asked Questions About School Bus Accident Lawsuits
What is the statute of limitations for a school bus accident lawsuit?
In Florida, you have two years from the date of the accident to file a personal injury claim under Florida Statute §95.11 for incidents occurring on or after March 24, 2023. For incidents before March 24, 2023, the three-year statute of limitations may still apply. This timeline varies by state and jurisdiction. For minors, the statute of limitations may be extended, allowing claims to be filed after the child reaches adulthood. Consulting an attorney promptly ensures you understand the specific deadline applicable to your case. Additionally, claims against government entities require a six-month notice period before filing suit.
Can I sue the school district directly?
Yes, you can sue the school district in most circumstances. While school districts enjoy certain sovereign immunity protections, motor vehicle accidents typically fall outside these protections under Florida Statutes §768.28. Florida law allows claims against school districts for negligence in hiring, training, supervising, and maintaining school buses. However, recovery is limited to $200,000 per incident and $100,000 per person. An attorney can evaluate whether sovereign immunity applies to your specific situation and what recovery limitations may apply.
How long does a school bus accident lawsuit take?
Settlement negotiations typically take 6 to 18 months, while litigation can extend 1 to 3 years or longer. The timeline depends on case complexity, liability clarity, injury severity, and whether the case settles or proceeds to trial. Your attorney can provide a more specific estimate based on your circumstances.
What evidence is needed for a school bus accident claim?
Strong evidence includes police reports, medical records and bills documenting injuries and treatment, witness statements from passengers and bystanders, photographs and video of the accident scene, school bus maintenance records, driver records and background checks, and communications between the school district and bus company. An attorney investigates thoroughly to gather and preserve all relevant evidence.
Do I need an attorney for a school bus accident claim?
While not legally required, an attorney is recommended for school bus accident cases. Attorneys handle complex negotiations with insurance companies, manage litigation if settlement fails, and work on contingency fee arrangements—meaning you pay nothing unless you recover compensation. Attorney involvement increases the likelihood of fair compensation and protects your legal rights throughout the process.
Why Choose The Bruner Law Firm for Your School Bus Accident Case
The Bruner Law Firm brings over 30 years of personal injury experience to school bus accident cases. Since 1992, the firm has represented injured plaintiffs exclusively, building a track record of successful recoveries and client satisfaction.
Founding partner Vincent Michael Bruner, a former Florida State Senator (1988–1992) and Chairman of the Senate Committee on Corrections, established the firm with a focus on plaintiff advocacy. Attorney Drew Gordy Bruner continues that commitment, recognized as a Super Lawyer by Thomson Reuters, AV-Preeminent by Martindale-Hubbell, and a Fellow of the American Bar Foundation, an honor limited to fewer than 1% of attorneys per jurisdiction. He is also listed among America’s Top 100 Personal Injury Attorneys.
With offices in Fort Walton Beach, Panama City, Niceville, and Santa Rosa Beach, the firm serves clients across the Florida Panhandle and beyond. It holds a 5.0 Google rating based on 1,716 client testimonials, reflecting consistent client satisfaction.
Get the Legal Support You Need After a School Bus Accident
The Bruner Law Firm conducts detailed investigations to identify liable parties, gather evidence, and evaluate all recoverable damages, including medical costs, lost income, and pain and suffering. Our team pursues fair settlements through skilled negotiation and is prepared to litigate when necessary to protect clients’ rights.
Contact The Bruner Law Firm at (850) 243-2222 for a free case evaluation to review your claim and discuss your legal options.
