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Protecting Children on a School Bus From Unsafe Drivers

May 22, 2013 | Category: Automobile Accidents, Child Injuries | Share

Several high school students were injured when a vehicle rear-ended a school bus in Riviera Beach last month. The bus was transporting the students to Inlet Grove High School in West Palm Beach when the accident occurred. Five of the students suffered minor injuries in the accident, and Fort Myers personal injury attorneys say that their families may file lawsuits for damages.

The school bus routinely takes Old Dixie Highway on the way to Inlet Grove High School. According to police reports, the bus came to a mandatory stop at a set of railroad tracks on that road around 7:25 on a Monday morning. The car driving behind the bus failed to stop, and crashed into the back of it. Reports indicate that the injured students were treated at a local hospital.

Data from the National Highway Traffic Safety Administration shows that there have been close to 1,300 fatalities caused by transportation-related accidents from 2001 to 2010, which amounts to an annual death rate of about 27 school children being driven on buses. The NHTSA defines these types of crashes as those that involve "either directly or indirectly, a school bus body vehicle, or a non-school bus functioning as a school bus, transporting children to or from school and school-related activities," such as field trips or sporting events. This data, Fort Myers personal injury lawyers say, emphasizes the need to maintain safety on school buses.

Florida Statute Section 316.6145 establishes the new seat belt requirements for school buses, with a specific focus on buses that carry elementary school-aged children. According to Board Certified Civil Trial Attorney, Randall L. Spivey, "Section 316.6145, of the Florida Statutes, establishes seat belt requirements, addresses liability, and prioritizes the implementation of seat belts for school children." Specifically, this law requires every school bus used to transport children in pre-K to 12th grade, which was purchased after December 31, 2000, must have seat belts installed. These seat belts must meet the standards established in Federal Motor Vehicle Safety Standard No. 208. Buses purchased prior to the end of December are not required to have seat belts.

Of course, safety precautions such as seat belts cannot eliminate the dangers posed by unsafe drivers on the road, as this recent crash indicates. While the students injured in the crash suffered only minor injuries, the damage could have been much worse. Fort Myers personal injury lawyers say that the injured students and their families could take legal action against the driver who rear-ended their bus. School-aged students require a higher duty of care, and traffic laws indicate specific laws for drivers sharing a road with school buses.

Schools have a responsibility to provide safe environments for their students, but if the school bus is properly outfitted with the required safety measures, schools can only be held liable for their drivers' actions. When a school bus is on the road, other drivers are required to take extra precautions, such as not passing a stopped school bus with flashing lights. Failure to do so could result in traffic citations, as well as legal action if the passengers on the bus are injured.

At Spivey Law Firm, Personal Injury Attorneys, P.A., our team has experience in several types of vehicle-related accidents, and represents anyone injured in a collision.

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