Field Trip Accidents: Who is Liable?
Field trips are a regular part of a child’s education. Children often take field trips to museums or to visit the state’s capital. Unfortunately, accidents sometimes happen along the way, with children sent to the emergency room and parents receiving a call at home. Who is legally responsible for these accidents? Contact Hoy Law to set up a consultation. Our Sioux Falls bus accident lawyer provides an outline of the key legal considerations involved with determining liability.
Legal Issues with a Field Trip
The first question is to understand how the accident happened. Your child might have been on the bus when it crashed. The culprit could be the bus driver, who was careless, or another motorist on the road. For example, a distracted driver could have cut off the bus, causing an unavoidable collision. In that case, the driver is liable for the accident and any injuries, not the bus driver.
In other situations, the bus driver could be at fault. For example, they could be confused about where to go, or they are distracted themselves. When the bus driver is at fault, we drill down to see if they were employed by the school district. If so, we might need to bring a legal claim against the district.
Sometimes parents drive students on field trips, and the parent could get into a crash when behind the wheel. That is a complicated situation, so contact our legal team. We’ll review if you can file a legal claim against the parent and whether their personal insurance applies to cover any injuries.
Parents also ask about liability waivers. You probably signed one to give your child permission to go on the field trip in the first place. The waiver usually has language to the effect that you won’t hold the school liable if your child is injured while on the trip.
These waivers don’t necessarily preclude you from bringing a lawsuit against the school. A school cannot completely give up its duties to protect children, even on field trips. Let us analyze the language in the waiver. You might still have a strong legal claim to bring against the district for any injuries.
Bringing a legal claim against a government entity is a challenge in South Dakota. We know the key deadlines and how to negotiate fairly when a child is hurt.
Speak with Our Law Office Today
Hoy Law understands how scary it is to receive a call that your child was hurt while on a field trip. Many questions are probably racing through your mind. How will you pay for medical care? Will you need to take time off from work to care for your son or daughter? Contact our law office to set up a free, no risk consultation to get answers to your questions. We have handled many personal injury cases and can provide an overview of the injury claim process. A Sioux Falls, South Dakota bus accident lawyer is standing by to speak.
