If my son was hit by a school bus in a cross walk while riding to school but they say he was on the wrong side of the road, is there anything I can do legally?

They say he was on the wrong side of the rode but he was in a cross walk.

Asked on September 15, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you believe the bus driver was at fault (e.g. being careless) in causinig the injury, the driver and school district (and bus owner/operator, if separate from the distict) may be liable. The key issue is fault; there is no liabiltiy in motor vehicle cases without fault.

A secondary issue is whether it is worth pursuing. You do not describe the extent of your son's injuries or medical costs. Hopefully, he was just shaken up and bruised a bit, or at worst had some sprains and other quickly healed soft tissue injuries. If that's the case, it would most likely not be worthwhile taking legal action, since the amount of money you can recover is related to the extent of his injuries and medical costs, and with little injury or cost, you could not receive enough money to make legal action cost-effective.

If he did suffer a more traumatic injury, it may be worth pursuing. In that case, if you think the bus driver was in the wrong, speak with a personal injury attorney to discuss the facts and circumstances in detail, to see if you do have a worthwhile case. Good luck.


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