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Your Rights if Your Child Was Hurt in a School Bus Accident

Fatal School Crash Raises Questions

Child-Was-Hurt-in-a-School-Bus-AccidentThe death of a teacher and a student in a school bus crash on a field trip has raised many questions about the liability of a school district in a motor vehicle accident. Experts anticipate that families of the deceased will not be the only ones to seek damages for injuries sustained.

So what are your rights when your child is injured in a bus wreck on a school outing? Can the school be held accountable for the carelessness of a bus driver?

In New Jersey, if you have been injured because of the wrongdoing of a public entity or a public employee, you must file a claim under the New Jersey Tort Claims Act. The Tort Claims Act upholds the concept of sovereign immunity, preventing individuals from bringing lawsuits against the government. There are, however, exceptions to that law. One of the specific exclusions is for people who have suffered injury because of the negligence of a public entity. Accordingly, under the New Jersey Tort Claims Act, there is no immunity from liability for the negligence of a school board or school employee.

Under the statute, you must file a claim for injuries under the Tort Claims Act within 90 days of the accident. The state then has 90 days to accept or reject your petition.

Contact Attorney Howard D. Popper

To learn your options when you have lost a loved one in an accident, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.