Back to school means riding the bus for many Wisconsin students. Long bus rides can sometimes mean accidents and injury. This blog explores the complexities that accidents involving school buses can bring.
Pitfalls of Not Hiring an Experienced Advocate
1. Navigating Municipal Damage Caps
When a government owned school bus is involved in an accident (like a school bus owned/operated by an employee of a public school), the compensation you can receive may be subject to municipal damage caps. These caps are limits on the amount of money a government entity can be required to pay in a lawsuit. In Wisconsin, the damage cap that generally applies to municipal liability is $50,000. An experienced attorney can help you understand these limitations and explore alternative avenues for compensation, such as pursuing claims against other negligent parties.
2. Complicated Liability Issues
Determining liability in a school bus accident is not always straightforward. For example, if the bus driver was negligent, the school district could be liable under the doctrine of “respondeat superior,” which holds employers responsible for the actions of their employees. However, if a mechanical failure caused the accident, the bus manufacturer might share some liability. An experienced advocate can help unravel these complex liability issues to ensure you are pursuing all possible claims.
3. Understanding Claims for Incidents on the Bus
Car accidents aren’t the only source of injury on a school bus. Incidents such as bullying, falls, or sudden stops can lead to injuries, and it may be possible to file a claim for these injuries. However, these claims often require specific evidence to prove negligence or a breach of duty of care by the bus driver or school district. Without an attorney, investigating these claims can be incredibly challenging.
4. Navigating Notice Requirements for Government Entities
When pursuing a claim against a government entity, such as a school district, there are often strict notice requirements that must be met. Failing to file a timely notice of claim can result in your case being dismissed. These notice requirements are often much shorter than the general statute of limitations for personal injury cases. In general, you must give proper notice to the government entity you intend to bring a claim against within 120 days of the injury. However, the notice statute (Wis. Stat. Sec. 893.80) is complex. An experienced attorney will ensure all procedural requirements are met, preventing your case from being dismissed on a technicality.
5. Dealing with Insurance Companies
Insurance companies representing school districts or other liable parties will often seek to minimize payouts. Without legal representation, you may find yourself pressured into accepting a low settlement offer that does not fully cover your medical expenses, lost wages, or pain and suffering. An experienced advocate knows how to negotiate with insurance companies to ensure you receive a fair settlement.
Why Hiring an Experienced Advocate Matters
An experienced attorney who has handled injury claims involving school buses can make a significant difference in the outcome of your case. They bring valuable knowledge of the law, familiarity with the legal process, and an understanding of how to handle complex cases involving multiple parties and government entities. By hiring an attorney, you ensure that your rights are protected and that you receive the compensation you deserve.
If you or a loved one has been involved in a school bus accident, do not navigate this challenging situation alone. The experienced attorneys at Doar Drill and Skow are here to help you understand your rights, evaluate your case, and pursue the compensation you deserve. Contact us today for a free consultation to discuss your case and explore your legal options. Remember, having a knowledgeable advocate on your side can make all the difference in ensuring justice and fair compensation.