School Bus Accident Lawyer Q&A: Answering Parents Pressing Questions

When placing your child on a school bus in the morning, you’re trusting the driver with their safety. But if an accident occurs, it can be difficult to know who’s to blame. As a parent, you shouldn’t have to deal with insurance companies or negotiations. You should be able to focus on your child and their recovery while a school bus accident lawyer handles the rest. Shaevitz & Shaevitz in Queens, NY, has been handling car accident cases in New York City for over 65 years. With our legal knowledge, we help families like yours receive the compensation they deserve.

Common questions we hear from clients like you include:

Who Is Responsible for the School Bus Accident?

In the immediate moments after a crash, it can be difficult to think about anything other than your child. In most cases, parents aren’t even there at the time of the crash, so it’s up to people like witnesses, the bus driver, and the children to recount the incident.

School bus accidents are often complex, as multiple parties may be at fault. Potential defendants include:

• The bus driver: A school bus driver has a certain duty of care towards the children in their vehicle. Driving responsibly is a part of that duty, and when they fail to do so, the consequences can be disastrous. Speeding, distracted driving, and other unsafe driving practices cause crashes. If the crash led to your child’s injuries, the bus driver may be liable.
• A private bus company: In some cases, bus companies can be responsible for their employees’ actions. If they hired the driver without adequate screening, training, or supervision, they may be partially at fault for the accident.
• The city of New York: Both the NYC Department of Education (DOE) and public school districts are government agencies. In certain cases, the city of NY may be partially at fault for a school bus accident if they were responsible for the hiring, supervision, or training of the negligent driver.
• A vehicle maintenance company: If the negligence of a third-party garage, mechanic, tire company, inspector, or maintenance contractor led to vehicle malfunction, the company may be at fault. Maintenance invoices, repair orders, inspection records, or expert mechanical analysis may be necessary to determine the fault of a maintenance company.
• Another driver: In some cases, another driver outside of the bus may be wholly or partially responsible for the accident. If their negligence caused the crash, they may be held liable.

What Are No-Fault Benefits and Is My Child Eligible?

Regardless of who is at fault for the accident, your child may be eligible for no-fault benefits.

No-fault benefits cover medical expenses such as hospital bills, therapies, and lost wages. All NY residents who own a registered car are required to carry an auto policy, including Personal Injury Protection (PIP) insurance.

This policy covers up to $50,000 in economic damages after an accident, and comes directly from an applicable auto policy that covers the child or a member of the household. If you don’t have auto insurance, and neither does anyone in the house, no-fault benefits will come from the school bus’s no-fault insurer.

It’s important to note that a no-fault claim must be submitted within 30 days of the accident. Late filing may result in your claims being rejected and losing out on these important benefits.

If you’re unsure about which insurance to file through, a school bus accident lawyer will help guide you through the process or file the claim on your behalf!

Who Pays Compensation in a School Bus Accident?

Beyond no-fault benefits, your child may be eligible for further compensation, covering non-economic damages. These include damages like:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement and scarring

However, their eligibility will depend on the severity of their injuries and the negligence of another party.

To file a personal injury lawsuit, there will need to be one or more at-fault parties. Whether it’s the bus driver, the city, or the bus company itself, the party may be legally liable. A personal injury attorney helps you determine who the at-fault party is, demonstrate their duty of care, and show how their negligence led to your child’s injuries.

Then, you’ll file a lawsuit against the at-fault parties and negotiate your compensation with their insurance company. But to be eligible for compensation, your child’s level of injury must meet or surpass the serious injury threshold.

The threshold was recently altered in 2026 to eliminate the 90/180 day category, which stated “an injury that prevents a person from doing all usual activities substantially for 90 of the first 180 days after the crash” was enough to qualify for non-economic compensation. Now, the serious injury threshold only includes:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Significant limitation of a body function or system
• Loss of a fetus
• Permanent loss of the use of an organ, limb, body function, or system
• Permanent and consequential limitation of an organ or limb

Of course, your child will not meet all of these categories. But if their injuries do fall under at least one, it’s a good idea to reach out to a legal professional.

How Does a Lawyer Help After a School Bus Accident?

A school bus accident lawyer has extensive knowledge of the legal system. At Shaevitz & Shaevitz in Queens, we’ve been taking on cases like yours for decades and have won over $500 million for our clients over the years.

Our first step is a free consultation. There, we will review your case and estimate what it may be worth, free of charge. This consultation helps you make informed decisions about pursuing litigation.

If you decide to move forward with our practice, we’ll then help you file your no-fault claims within the time limit and file a separate claim against the at-fault party. When filing against the city, there is generally a shorter deadline of just 90 days after the accident for a notice of claim, and school district-related claims may have separate notice requirements. As your school bus crash lawyer, we help you file all necessary claims on time.

Then, we begin gathering important evidence from the crash. Pictures, medical records, witness statements, and police reports all help demonstrate the at-fault party’s negligence. We will also negotiate with the insurance company on your behalf, protecting your compensation from any lowball offers. And, if they refuse to settle for what you deserve, we will take your case to court!

Hiring a lawyer after a school bus accident helps relieve the financial stress that comes with crashes. While you focus on your child, let us handle the rest.

Visit Us in Queens, NY, To Learn About Your Path to Compensation

A school bus accident is a serious event with real consequences. If your child was hurt in an accident, they may be eligible for compensation to help cover medical bills and the emotional impact. Call a school bus accident lawyer like those at Shaevitz & Shaevitz in Queens, NY, to learn what your case is worth. We’ll help you file your claims on time, determine who to file against, and protect your compensation. Book a free consultation with us today.

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