My 5 year-old daughter was injured on the school bus due to the driver’s negligence, what should I do?.

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My 5 year-old daughter was injured on the school bus due to the driver’s negligence, what should I do?.

My daughter was on the bus home from school. The bus driver decided to yell at her to sit down and slammed the brakes at the same time. This caused her to hit the floor and resulted in a neck and knee injury. I did take her to the ER the same day and was told she had cervical spine strain. My main concern is the school and the driver have come up with a different story than the actual one. There were children on the bus who told me what happened just as my daughter did; I even got calls from other parents concerned about her health because they had heard what had happened from their children. Should I get a personal injury attorney and make a claim? In Blaine County, OK.

Asked on November 11, 2010 under Personal Injury, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would definitely speak with a personal injury attorney in your area about the matter.  The consultation should be free.  Bring with you a list of the children on the bus and their contact information (in other words their Parents names and numbers) as well as a copy of all the medical records you may have.  Your daughter should have been sitting and strapped in before he even set his foot on the gas.  Is there a matron on the bus?  Whose responsibility is it to make sure that the children are sitting and buckled before driving off?  It needs to be someones responsibility, especially with a child that young.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you write, it would definitely be worthwhile to discuss the matter with a personal injury attorney, who can help you understand how strong the case is, what it might be worth, and what it might cost to pursue it. (Note: many PI attorneys work on contingency, so they get a portion of any recovery and you don't pay--except for certain miscellanous costs, which should be outlined in advance--unless you win.) As a general matter, if the driver was in fact negligent, he would be liable; and since the negligence occured  in the course of his employment, his employer (the school and/or district) would be liable, too. If they are going to lie about what happened, then the issue becomes what other evidence is there, for and against; what can you prove? The attorney can help you evaluate the strength of the evidence, too.


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