School Transportation News confirmed that attorneys are already representing some of the victims of the recent New Jersey school bus crash that killed one student and one teacher.
Attorneys who specialize in wrongful death cases, or specifically school bus crashes, either released specific comments about the incident last week or general comments about similar crashes.
School bus attorneys at the Lassen Law Firm told School Transportation News on Monday afternoon it is already working on this case. “U-turn accidents are a big problem in New Jersey, and we are naming seven defendants in our complaint,” noted partner Christian Lassen.
The Philadelphia-based firm also commented on school bus safety profiles at its website: “As a parent, you can take the extra steps of educating your children on how to exit and enter a bus safely and how to be alert when crossing the street. In a perfect world, all drivers and children would respect the rules of the road and pedestrians to live safely, but we all know that accidents can still occur. ... It is a good practice to analyze your legal options following a school bus accident. While many schools will try to limit liability by having parents sign waivers of some sort, the truth is that you still stand a good chance at financial reimbursement. School bus accidents are often caused due to the negligence of one or more parties.”
Attorney William D. Wright, a partner at Wright Law Firm in Manahawkin, N.J., told School Transportation News, “This is a tragic and unspeakable accident, but I have faith that our civil justice system will do it’s part and hold those responsible accountable for their actions.” The law firm “represents accident victims and injured workers all over the State of New Jersey.”
Attorney Michael Grossman of Grossman Law Offices P.C. in Dallas released the following comments specifically on the N.J. crash: “While the reports of the bus making an illegal U-turn are incredibly concerning, it’s important not to jump to conclusions until authorities give their official reports. While I won’t speculate on what might have caused this tragedy, it’s important people understand the legal complexities surrounding such a chaotic accident.”
But he also provided two potential scenarios for how the crash might have occurred.
“One possibility is that the dump truck driver did something wrong to cause this crash. If that’s the case, then the law is relatively straight-forward, but there are challenges to consider,” Grossman said. “The law says that if a commercial vehicle causes a wreck, the company may be liable for the resulting damages. When an accident involves this many people, it’s likely that the trucking company will desperately fight to avoid as much liability as possible. This means victims and families need extensive evidence and legal tools to hold the trucking company fully responsible.”
He also pointed out that it’s possible the school bus driver caused the crash. Several media reports indicated the school bus cut across multiple lanes of traffic in an attempt to use an emergency cut-through to make a U-turn after missing an exit. “In that case, the law is a bit more complex,” Grossman added. “In most states, there are limits on the amount of damages for which a government entity can be liable. New Jersey has similar laws, but they are quite unique.”
He pointed out that there is generally no limit in New Jersey on the amount of damages a government entity is liable for. However, victims and families cannot recover damages for pain and suffering, unless there is permanent injury resulting in medical bills in excess of $3,600, he noted.
“In other words, the school district may be liable if their employee caused the wreck, but there are specific regulations which require specialized legal expertise to properly navigate,” he said. “Ultimately, it goes without saying something went terribly wrong here. No matter who or what’s to blame, those affected need to equip themselves with clear, convincing facts and experienced allies. Whoever bears responsibility for this terrible event, it will take persistence and determination to hold them fully accountable.”
New York personal injury attorneys Cellino & Barnes listed several items that legal investigations will likely consider:
An analysis of the truck’s mechanical systems
Truck maintenance records
Driver records
Potential safety violations
The company’s safety record
“In addition to examining the truck, it’s also important to take a look at the school bus, as mechanical issues and human error are not uncommon when these vehicles are on the highway,” said Cellino & Barnes. “Many times, these claims can also spark meaningful changes in public and private policies, improving safety for others across the state and country. These changes are often put in place so similar accidents, like the accident in New Jersey, can be prevented in the future.”
Citing National Highway Traffic Safety Administration data, New Jersey lawyers at Grungo & Colarulo noted that school bus crash fatalities are rare. Of the 327 children killed in a school bus accident from 2004 to 2013, only 54 fatalities were passengers on the school bus, while 147 others were passengers in other vehicles and 116 were pedestrians.
Grungo & Colarulo stated that school bus accidents are often caused by a variety of factors, such as driver fatigue or inexperience, improperly loaded passengers and cargo, or a failure to address faulty or defective equipment. And because student passengers are often unrestrained, and school buses are prone to rollovers in side impacts, injuries can be catastrophic.
Regarding safety standards for buses, “As federally-designated ‘common carriers,’ buses are held to a strict legal standard. All common carriers have a duty of care, whereby passengers are entitled to safe entrances and exits, a trained and highly qualified driver, a properly maintained vehicle, and an expectation that vehicle design flaws will be both monitored and corrected," the law firm added. “Passengers who can establish negligence on any of these fronts can pursue full compensation for their injuries, when a bus involved in an accident was operated at the behest of a public entity. However, liability for violating the duty of care is far from straightforward. To that end, buses owned by a school district or by a city are the responsibility of the district or municipality, while buses that are contracted for use remain primarily the responsibility of the operating bus company.”
In the other scenario, when a school bus is operated by a private transportation company under contract with a school district, Grungo & Colarulo said the contract must establish “in clear, unambiguous terms” the expectations of both parties.
“Such stipulations might include, but are not limited to, driver training or the installation and maintenance of special safety equipment. ... Regardless of whether a bus fleet is maintained by a public or private entity, however, all buses are required to satisfy various state and federal regulations,” the law firm continued. “Buses must provide and document semi-annual inspections. Moreover, before hitting the road, drivers are required to check their vehicle each day and provide a written report of any malfunctioning safety equipment. Drivers must also make note of potential degradation of mechanicals.”
