If your child has been injured in an accident involving a school bus, you could be entitled to make a school bus accident claim on their behalf.
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School Bus Accident Claims
School buses are essential to ensure that children have a safe and reliable mode of transport to and from school. They can be operated by public transport services, private companies, or schools directly, and they must follow relevant safety requirements to help keep students safe. Accidents can happen when these requirements are breached, some of which can have devastating consequences.
Common accidents on school buses include slips and trips within the bus, crashes and collisions with other vehicles. If your child suffered an injury on a school bus due to someone else’s negligence, you might be entitled to claim compensation from the liable party. That could be the school, the local council, another road user or a manufacturer.
To learn more about making a school bus accident claim, please read this guide or call 0800 470 0472 for a free consultation with a legal adviser. You can also use our online contact form to request a call back.
Key points about school bus accident claims
- Eligibility: You may be able to claim if your child was injured in a school bus accident caused by negligence.
- Duty of Care: Bus companies, drivers and schools must take reasonable steps to ensure proper safety measures and supervision are in place.
- Time Limit: A parent can claim on behalf of a child anytime before their 18th birthday. The child has until age 21 to claim for themselves.
- Compensation: Amount depends on the injury type and severity, and financial losses such as travel expenses and time off work for medical appointments.
- No Win, No Fee: Your solicitor will handle the case on a no win, no fee basis — so you only pay them a fee if the claim is successful.
Friendly legal advisors are available to discuss your personal injury claim today.
- Find out if you have a valid claim
- No win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
Table of Contents
Duty of care of school bus operators towards children
School bus owners and operators have a legal duty to take reasonable steps to ensure the safety and well-being of children while on the bus. Their responsibilities may stem from several pieces of legislation, such as the Health and Safety at Work etc. Act 1974, the Road Traffic Act 1988 and the Public Passenger Vehicles Act 1981. These include:
- Ensuring that buses are regularly inspected and maintained to avoid mechanical failures;
- Employing adequately trained and licensed bus drivers who have undergone appropriate background checks;
- Supervising children when they get on and off the bus, where this is part of their responsibility;
- Ensuring buses are equipped with required safety features, such as seatbelts where legally required, first aid kits, and emergency exits;
- Safely planning school bus routes to avoid hazardous road conditions where possible;
- Checking speed limiters and tachographs for malfunctions and calibration, where applicable;
- Ensuring that the furniture inside the bus does not have any sharp or broken parts that could cause injuries;
- Keeping the bus floors clean to prevent slip, trip and fall accidents.
Bus and coach operators must comply with the relevant legislation to help keep students safe from accidents and injuries. If they failed to do so and your child was injured, you may be eligible to claim school bus accident compensation.
Can I make a school bus accident claim on behalf of my child?
If your child was involved in a bus accident, you might be eligible to claim compensation for any injuries they sustained as a result. A solicitor will take on your case and help you make your claim if they can prove the following:
- Another party owed your child a legal duty of care.
- They breached this duty, which led to a school bus accident.
- Your child suffered harm due to the accident.
A duty of care will be established based on the legislation that applies to your situation. Once liability is established, your solicitor will help you fill in and file all the documents you need to be named as your child’s litigation friend. As your child cannot handle legal proceedings before the age of 18, they will need you or another suitable adult to represent them. As a litigation friend, you must act in their best interest and ensure that their legal rights are protected.
If you manage to secure compensation from the party responsible for the accident, you will usually need to attend an Infant Approval Hearing in court. A judge must review the available evidence and ensure you have agreed to a fair settlement that covers all their needs. The funds will usually be held by the court until your child turns 18, unless the court approves another arrangement.
Who could be liable for compensation following a school bus accident?
Depending on the circumstances of the school bus accident involving your child, one or more parties could be liable for compensation. These include:
- The bus driver could be liable if they acted recklessly or failed to follow traffic laws;
- The school could be responsible if it arranged the transport and failed to use a suitable provider or failed to act following concerns that had been raised about the driver. In this case, you could make a school accident claim;
- The bus manufacturer or distributor, if a defect in the bus, such as faulty brakes or steering, caused the accident;
- The local council could be held accountable if the accident was due to poor road conditions it was responsible for maintaining, such as potholes or inadequate signage;
- Another driver could be at fault if they were driving negligently or recklessly, causing a collision with the school bus;
- A pedestrian or another road user, if they walked into traffic without looking or failed to obey traffic laws;
- A bus company may be liable if it has failed to maintain the vehicle properly.
Your solicitor will be able to determine what party is liable for compensation and handle all communication with them on your behalf.
Types of accidents that could happen on school buses
Various accidents on school buses can lead to injuries and a subsequent compensation claim. These include but are not limited to:
- Slips, trips, and falls can be caused by hazards such as wet or uneven floors, cluttered aisles, or sudden turns. They can cause injuries such as sprains, bruises or fractures.
- Cuts and lacerations from damaged or broken seats can cause bleeding, infections, scarring and nerve damage and may need stitching or surgical intervention in severe cases.
- Road traffic accidents involving school buses can be caused by the driver’s negligence, the negligence of another road user, or poor road conditions. While such incidents are rare, they can cause injuries ranging from minor whiplash to severe fractures, and, in worst-case scenarios, they can be fatal.
- Collisions with objects can also have severe consequences at high speeds. These can involve impacts with street signs, trees or even buildings due to driver error or vehicle malfunctions.
- Incidents while boarding or disembarking can include trips, falls or getting caught in doors. These can result in crush injuries, fractures, lacerations and abrasions.
- Items falling from overhead compartments, if not properly stored or secured, can cause various injuries, such as head trauma, back injuries and facial injuries.
- Accidents on school trips can involve road traffic accidents with other vehicles and incidents within the bus, such as slips and falls. These could be due to various causes, such as driver error, poor road conditions or brake failures. Whether your child was hurt on a school trip in the UK or abroad, you might be entitled to compensation from the party at fault.
- Mechanical failures such as brake or steering malfunctions can pose significant safety risks and cause the driver to lose control of the vehicle and crash.
- Sudden braking can lead to whiplash, falls and impact injuries with seats or other passengers.
Regardless of the type and severity of the accident your child suffered, a personal injury lawyer could help you seek compensation for any resulting injuries and financial losses.
Can I make a claim if I was involved in a road accident with a school bus?
If you were involved in a collision with a school bus without being at fault, you might be eligible to make a bus accident claim. You could be entitled to compensation whether you were injured as a pedestrian, cyclist, another driver or a passenger.
If you can prove liability, an experienced solicitor can help you seek compensation for your pain and suffering from the liable party.
To learn more about your legal right to make a claim, do not hesitate to contact us by calling 0800 470 0472 or using our online contact form to request a call back.
Can I claim compensation as the bus driver injured in a bus accident?
As a school bus driver, you are entitled to a safe working environment under the Health and Safety at Work etc. Act 1974. Your employer must ensure, so far as reasonably practicable, that:
- The vehicle you drive is adequately maintained and safe to operate;
- You work reasonable hours to avoid fatigue;
- You receive proper training on how to drive the bus and handle emergencies.
If you were injured while driving a school bus because of your employer’s negligence, you may be eligible to make an accident at work claim. You should not be dismissed or subjected to disciplinary action simply because you make a genuine personal injury claim. If this happens, you may need employment law advice about your options, including a possible employment tribunal claim under unfair dismissal laws. 
Evidence needed to support a school bus injury claim
If you want to make a claim for an accident on a school bus, you need various types of evidence to show what happened and how the incident affected your child and your family. The proof that you could use includes:
- A copy of an accident report filed with the school or bus company;
- Details of other drivers involved in the accident, such as their name and registration number;
- A copy of a police report if they were involved;
- Medical records detailing the type and severity of the injuries your child suffered and the treatments they received;
- A medical report from a specialist regarding your child’s future care needs and long-term consequences of their injuries;
- Photographs or videos of the accident scene and any conditions that contributed to it;
- Pictures of any visible injuries and their long-term effects;
- CCTV footage if the bus was equipped with surveillance cameras;
- Statements from witnesses to the incident, such as other passengers, the bus driver or bystanders;
- Maintenance and inspection records of the bus can show if it was in good condition;
- You also need evidence of any financial losses related to the accident, such as receipts and invoices, if you want to include them in your claim.
How much compensation could a school bus accident claim be worth?
The amount of compensation you could secure if your child was injured in a bus accident will depend on the harm and losses incurred due to the accident. These are grouped into two different types:
- Special damages compensate for the financial losses directly related to the accident. They may include private medical care, travel costs to medical appointments, wages lost to care for your child and home adaptations.
- General damages are awarded for the injuries caused by the incident and their subjective impacts. This can include physical pain, emotional distress, scarring, inability to enjoy hobbies or daily activities, and impaired development.
Our compensation calculator offers various examples of personal injury compensation for general damages. These sums are based on the 18th Edition of the Judicial College Guidelines and range from £240 for minor whiplash to £534,000 for a very severe brain injury. Your solicitor will be able to give you more information about the school bus accident compensation award you could expect to receive.
Time limits to make a personal injury claim for an accident involving a school bus
Generally, you have three years to make a compensation claim under the Limitation Act 1980, starting from the date of the accident. However, this time limit does not apply in the same way to child injury claims. If your child was involved in an accident on a school bus, the three-year time limit will only begin to run on their 18th birthday. Before that, you could claim on their behalf at any time, no matter when the accident occurred.
This does not mean you should wait to seek legal advice. The sooner you start your claim, the easier it will be to talk to witnesses and gather supporting evidence, improving your chances of success. If you do not file a claim on behalf of your child, they will have until turning 21 to do so after becoming a legal adult.
If you lost a loved one in a school bus accident, you generally have three years to make a fatal accident claim from the date of their death, unless exceptions apply under the Limitation Act 1980.
How long will my compensation claim take?
There is no fixed timeline to settle a school bus injury claim. How long your claim might take will largely depend on the circumstances of the accident, the injuries sustained and the other party’s position.
If the case is straightforward and your child has only sustained mild or moderate injuries, you could receive compensation within a few months. On the other hand, if the accident circumstances are unclear or your child suffered severe injuries, it could take more than a year or two to settle your claim.
There are things you can do to avoid unnecessary delays in the claims process. It is important to speak to a personal injury solicitor as soon as possible after the accident and try to gather as much supporting evidence as possible. If you have pressing financial needs, they may be able to secure interim payments on your behalf while your case is being processed.
Will I be able to claim on a No Win No Fee basis?
If you are eligible to claim compensation, a personal injury lawyer will offer you a no win no fee agreement. You will not have to pay them anything upfront.
You only pay your personal injury solicitor a fee if your claim is successful. If you lose, you won’t have to pay them for their work.
To start a claim for school bus accident compensation, call 0800 470 0472 today or enter your details here to request a call back.
Friendly legal advisors are available to discuss your personal injury claim today.
- Find out if you have a valid claim
- No win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
*Personal injury claims are provided on a no win no fee basis. If your claim is successful, your solicitor will receive a success fee of up to 25% of your compensation (future losses excluded). If any additional costs could be payable, such as taking out legal protection insurance, these would be fully explained upfront by your solicitor before you decide to proceed with your claim. Termination fees may apply based on time spent on your case, or in situations such as: lack of cooperation, deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing. Please visit our guide to no win no fee claims page for further information.
