Tuesday, May 1, 2012

School Bus Accidents and Damage Caps in Pennsylvania

AppId is over the quota
AppId is over the quota

April 27, 2012 /24-7PressRelease/ -- School bus accidents tend to be rare occurrences, but simply because these accidents are rare does not undercut the risk they pose to children in Pennsylvania.

On 1 March, a school bus overturned in Allentown. Fortunately, there were only four students on the bus at the time and none of them was injured. However, it could have turned out very differently.

According to the school district, a police report indicated the bus was south bound, when a car crossed from the northbound lane, struck the bus and caused it to overturn and land on its side.

Another school bus accident involving a tractor-trailer occurred just two weeks later in Rockwood, PA. The truck driver was killed and some of the 23 persons on the school bus were injured.

In the news report, only one adult was described as being in critical condition in the hospital; this contrasts with the horrific bus accident in a Swiss tunnel that killed 28 students returning from a skiing vacation on March 13.

School bus accidents can cause a variety of injures, and because children may not be able to accurately relate those injuries, a complete medical check is always a good idea, even if a child claims they feel fine.

If the injures appear more severe, talking with an attorney is important, as they can work to ensure the myriad of legal details are adequately addressed. Most people have little experience with these matters, and a legal professional understands the process and can explain the significance of the confusing and complex materials.

Millions of Children Transported Every Day

The Department of Transportation estimated that 26 million elementary and secondary school children ride school buses daily throughout the United States.

NHTSA reports that "an average of 24 school-age children die in school transportation-related traffic crashes each year (11 occupants of school transportation vehicles and 13 pedestrians)."

Danger at School Bus Stops

In connection with bus accidents, the greatest risk for fatal accidents occurs at the bus stop. Small children and large vehicle make for a dangerous mix. While the large size of school buses protects children when they are riding on the bus, that same large size increases the risk of a fatality once they exit the bus.

NHTSA states there are "about 17 such fatalities per year, two-thirds of which involve the school bus itself and the rest involving motorists illegally passing the stopped school bus." A 1989 report by the National Academy of Sciences suggested because of the risk posed by school bus stops, more effort should be placed on improving the safety of school bus loading zones.

Ashley's Law?

Two legislators are working on introducing legislation to the General Assembly that would increase the damage caps on school districts. The law would be named after Ashley Zauflik, who was run over by a school bus in 2007 and lost her left leg, which had to be amputated because of the injuries she suffered in the accident.

She won a $14 million judgment against the school district, but the district says it cannot pay more than the $500,000 damage cap, an amount determined by a law that dates to 1978. The district had a $10 million policy, but they are limited by law to only pay $500,000.

The legislators are studying whether that limits are realistic for accidents today and if they should be changes. They could introduce a bill this session.

Article provided by Gay Chacker & Mittin
Visit us at www.gaychackermittin.com

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