Steps to Take if Your Child Is Injured in a School Bus Accident in Georgia

TL;DR:
If your child is injured in a school bus accident, seek medical attention, report the incident, gather evidence, and contact an attorney to pursue compensation.

Key Highlights:

• Seek Immediate medical care and reporting to authorities.
• Gather evidence (photos, reports, witness info).
• Legal action can be taken against the school district or driver.
• Refer to Georgia’s Tort Claims Act for claims against government entities.

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School bus accidents, though rare, can result in devastating consequences for children and their families. In Georgia alone, over 15,000 school bus accidents have been reported in the past decade, with injuries ranging from minor cuts and bruises to more severe trauma. With nearly 1.6 million students relying on school buses for daily transportation, these accidents are a real concern for parents and school districts alike.

When a child is injured in a school bus accident, parents face both emotional and practical challenges. The physical and emotional recovery of their child is paramount, but they also need to understand their legal rights in order to secure compensation for medical bills, pain, and suffering, as well as future care needs. Under Georgia Code O.C.G.A. § 51-12-33, the state follows a comparative negligence rule, which means that even if your child shares a portion of the blame, you may still be able to recover damages, as long as they are not more than 50% at fault.

In this guide, we’ll outline the crucial steps to take if your child is injured in a school bus accident, from seeking medical care to understanding the legal options available to you, ensuring you are equipped to protect your child’s health and secure the compensation they deserve.

Step 1: Ensure Immediate Medical Attention

The first priority after any accident is your child’s health and safety. Even if the injury seems minor, seek medical care right away. Some injuries, such as concussions, internal injuries, or whiplash, may not show symptoms immediately but can worsen over time.

What to Do:

• Call 911: If the injuries are serious, ensure an ambulance is dispatched to the scene.
• Visit the Hospital or Doctor: Even for minor injuries, it’s important to have a healthcare provider assess your child’s condition.
• Document Injuries: Keep all medical records, bills, and follow-up appointments, as they will be crucial for proving the extent of the injury and linking it to the accident.

Step 2: Report the Incident to Authorities and the School

Promptly reporting the accident is essential for several reasons, including documentation and compliance with Georgia law. In Georgia, you must notify the proper authorities and ensure that the school district is aware of the incident.

What to Do:

• File a Police Report: Contact law enforcement to file an official accident report. This report will include critical details about the accident, including whether any laws were violated by the bus driver or other parties involved.
• Notify the School District: Inform the school about the incident immediately. The school will have its own reporting requirements and may conduct an internal investigation into the accident.
• Get Copies of Reports: Make sure to request copies of both the police report and the school’s report, as these will be important when establishing fault.

Step 3: Gather Evidence and Document the Accident

The next critical step is to gather as much evidence as possible to support your claim. Strong evidence will help prove negligence and determine who is liable for the accident.

What to Do:

• Take Photos: If possible, take photos of the scene of the accident, your child’s injuries, and any damage to the bus or surrounding vehicles.
• Collect Witness Statements: Talk to witnesses, including other parents, school staff, or students who may have seen the accident. Get their contact information and ask for written statements, if possible.
• Get Medical Records: Keep detailed records of all medical treatment your child receives, including doctor’s notes, diagnostic tests, and hospital discharge papers.
• Obtain Bus Driver Information: Record the name, contact information, and insurance details of the bus driver, as well as the bus company they work for.
• Check for Surveillance Footage: If the school or bus company has cameras, request access to the footage, which may provide crucial evidence for your case.

Step 4: Understand the Legal Process and Your Rights

In Georgia, when a child is injured in a school bus accident, there are specific laws and regulations that apply. It’s essential to understand the legal process and how negligence is determined in these cases.

What to Know:

• Georgia’s Comparative Negligence Law: Under Georgia Code O.C.G.A. § 51-12-33, Georgia follows a modified comparative negligence rule, which means you can still recover damages if your child is found to be less than 50% at fault for the accident. The percentage of fault will reduce your compensation.
• Sovereign Immunity: If the school district is involved, special rules may apply, as Georgia has sovereign immunity laws that protect government entities from certain lawsuits. However, these laws don’t bar all claims, and an experienced lawyer can help you navigate this process.
• Statute of Limitations: Georgia has a two-year statute of limitations for personal injury claims under O.C.G.A. § 9-3-33, so it’s important to file your lawsuit within this timeframe.

Step 5: Contact an Experienced Bus Accident Lawyer

School bus accidents can be complicated, and navigating the legal system without an attorney can be difficult. An experienced lawyer who specializes in bus accident claims can help you understand your legal options, gather the necessary evidence, and negotiate with insurance companies.

What to Do:

• Find a Skilled Atlanta Bus Accident Lawyer: Look for a lawyer who has experience with school bus accidents and personal injury cases in Georgia.
• Schedule a Consultation: Many lawyers offer free consultations, where they can evaluate your case and explain your options.
• Contingency Fees: Most bus accident lawyers work on a contingency fee basis, meaning they only get paid if you win the case. This allows you to pursue your claim without upfront costs.

How Our Bus Accident Lawyer Can Help You

When your child is injured in a school bus accident, having an experienced lawyer on your side can make all the difference. Our team at Wetherington Law Firm specializes in handling personal injury cases like bus accident claims, and we are committed to helping you get the compensation you deserve.

How We Can Assist You:

• Thorough Investigation: We’ll investigate the circumstances of the accident to determine liability, including reviewing accident reports, witness statements, and medical records.
• Negotiation with Insurance Companies: Insurance companies often try to settle for the lowest amount possible. We’ll negotiate on your behalf to ensure you receive a fair settlement.
• Representation in Court: If a fair settlement cannot be reached, we’ll be prepared to take your case to court and fight for your child’s rights.

If your child has been injured in a school bus accident, contact us for a free evaluation. Our team works on a contingency basis, meaning we don’t get paid unless we win your case.

Conclusion

In Georgia, if your child is injured in a school bus accident, it’s important to take swift and effective action to protect their well-being and secure the compensation they deserve. By ensuring immediate medical attention, documenting the accident, understanding your legal rights, and working with an experienced bus accident lawyer, you can navigate the complex process of filing a claim.

Don’t wait to take action—contact us for a free evaluation today to discuss your case and begin the process of securing justice for your child.