This had to be a terrifying crash for anyone on the school bus. The crash left the bus driver and one student with injuries.

As you can see in the video, this accident happened in the early morning when the dump truck backed into the school bus driver’s lane of travel. Based on this footage, you may think the dump truck driver was at fault, but the video does not show that the school bus driver allegedly disregarded a stop sign held by a construction worker at the site.

In this post, I’ll give you my thoughts on the viability of the school bus driver’s injury claim and the injured student’s claim.

First, My Thoughts on the Crash

Before diving into legal analysis, let me first say that I hope the student and bus driver are doing okay. This appeared to be a significant wreck, and I hope all parties involved make a full recovery.

The School Bus Driver’s Injury Claim

The school bus driver may have a difficult liability claim because of the allegation that they disregarded a stop sign held by a construction worker. However, that fact alone doesn’t necessarily bar the driver from bringing an injury claim.

Can the School Bus Driver Win an Injury Claim?

Let’s break this down based on negligence laws in Texas, where this crash reportedly occurred.

• Texas’s Modified Comparative Negligence Law (51% Rule):
  In Texas, an injured party can recover damages if they are less than 51% at fault for the accident. If the plaintiff is 51% or more at fault, they cannot recover any compensation.

To win, the school bus driver must show they were less than 51% at fault.

The Bus Driver’s Argument

The bus driver’s best argument is that the dump truck driver failed to yield the right-of-way by backing into the school bus driver’s lane of travel. The dump truck driver should have been keeping a proper lookout and seen the school bus before backing into the lane.

What Would a Jury Think?

Ultimately, a jury would decide how to apportion fault between the two drivers. The challenge for the school bus driver is the allegation of disregarding the stop sign. This fact makes it tougher to secure a settlement or judgment in the driver’s favor.

Different State Laws, Different Outcomes

It’s important to note that negligence laws vary by state. For example:

• Kentucky’s Pure Comparative Negligence Law:
  In Kentucky, where I practice law, the bus driver might have a better chance at recovering some compensation. Kentucky’s law allows an injured party to recover damages even if they are up to 99% at fault, though their recovery is reduced by their percentage of fault.

For example, if the bus driver were found 99% at fault, they could still recover 1% of their damages.

The Injured Student’s Claim

The injured student is in a much better position for their claim. Here’s why:

• No Liability: The student was simply a passenger and has no fault in the accident.
• Claims Against Both Drivers: The student can pursue claims against both the school bus driver and the dump truck driver, as well as their respective insurance companies.

The student is entitled to full compensation for their injuries, regardless of how fault is divided between the drivers.

A Note on Legal Representation

It’s crucial that the injured student and the school bus driver do not have the same attorney.

Here’s why:

• Conflict of Interest:
  The bus driver needs a lawyer who will argue that the dump truck driver is fully at fault. However, the student may need to make claims against both the bus driver and the dump truck driver.

Because of this potential conflict, it’s unethical for one lawyer to represent both parties. Each needs their own attorney to avoid compromising their claims.

School Bus Crashes Into Dump Truck – Lawyer Reacts

This had to be a terrifying crash for anyone on the school bus. The crash left the bus driver and one student with injuries.

As you can see in the video, this accident happened in the early morning when the dump truck backed into the school bus driver’s lane of travel. Based on this footage, you may think the dump truck driver was at fault, but the video does not show that the school bus driver allegedly disregarded a stop sign held by a construction worker at the site.

In this post, I’ll give you my thoughts on the viability of the school bus driver’s injury claim and the injured student’s claim.

First, My Thoughts on the Crash

Before diving into legal analysis, let me first say that I hope the student and bus driver are doing okay. This appeared to be a significant wreck, and I hope all parties involved make a full recovery.

The School Bus Driver’s Injury Claim

The school bus driver may have a difficult liability claim because of the allegation that they disregarded a stop sign held by a construction worker. However, that fact alone doesn’t necessarily bar the driver from bringing an injury claim.

Can the School Bus Driver Win an Injury Claim?

Let’s break this down based on negligence laws in Texas, where this crash reportedly occurred.

• Texas’s Modified Comparative Negligence Law (51% Rule):
  In Texas, an injured party can recover damages if they are less than 51% at fault for the accident. If the plaintiff is 51% or more at fault, they cannot recover any compensation.

To win, the school bus driver must show they were less than 51% at fault.

The Bus Driver’s Argument

The bus driver’s best argument is that the dump truck driver failed to yield the right-of-way by backing into the school bus driver’s lane of travel. The dump truck driver should have been keeping a proper lookout and seen the school bus before backing into the lane.

What Would a Jury Think?

Ultimately, a jury would decide how to apportion fault between the two drivers. The challenge for the school bus driver is the allegation of disregarding the stop sign. This fact makes it tougher to secure a settlement or judgment in the driver’s favor.

Different State Laws, Different Outcomes

It’s important to note that negligence laws vary by state. For example:

• Kentucky’s Pure Comparative Negligence Law:
  In Kentucky, where I practice law, the bus driver might have a better chance at recovering some compensation. Kentucky’s law allows an injured party to recover damages even if they are up to 99% at fault, though their recovery is reduced by their percentage of fault.

For example, if the bus driver were found 99% at fault, they could still recover 1% of their damages.

The Injured Student’s Claim

The injured student is in a much better position for their claim. Here’s why:

• No Liability: The student was simply a passenger and has no fault in the accident.
• Claims Against Both Drivers: The student can pursue claims against both the school bus driver and the dump truck driver, as well as their respective insurance companies.

The student is entitled to full compensation for their injuries, regardless of how fault is divided between the drivers.

A Note on Legal Representation

It’s crucial that the injured student and the school bus driver do not have the same attorney.

Here’s why:

• Conflict of Interest:
  The bus driver needs a lawyer who will argue that the dump truck driver is fully at fault. However, the student may need to make claims against both the bus driver and the dump truck driver.

Because of this potential conflict, it’s unethical for one lawyer to represent both parties. Each needs their own attorney to avoid compromising their claims.

Final Thoughts

While the bus driver faces an uphill battle for compensation, the injured student is in a strong position to recover damages.

If you’ve learned anything from this analysis and are dealing with a car accident claim, you can learn even more by watching this video (linked here), where I teach step-by-step what to do after a car accident.

Also, don’t forget to subscribe to my channel for more helpful videos like this one. And if you’ve been injured in Kentucky, remember: Don’t Wait, Call Tate!

Disclaimer: This post is not legal advice. Always speak with a lawyer for your specific situation.