Connecticut Child Injury Lawyer Blog

I write in follow-up to my last post concerning the Connecticut student who died when the School Bus he was on left the highway. Many students suffered serious personal injuries, and one student died, perhaps due to the lack of seat-belts on the bus. The driver was certainly required to wear a seat-belt, why not the kids he was transporting. I continue to encourage all Connecticut residents to support upcoming legislative efforts to change the law to require buses to have seat-belts for student use.

Just this past week, another young student was injured in Stamford, Connecticut, simply due to the jostling he endured while the bus traversed a road under construction. A seat-belt would likely have helped. Is the cost of the seat-belt goinig to be more than the cost of the claim that could be filed by the student's family? How about the cost in the claim for the student who was killed? It can hardly be argued that there is any other consideration in play here apart from the costs of retrofitting the buses. How about an ounce of prevention? If your child has suffered a personal injury, make sure to protect their rights of recovery, and to hold the carrier accountable, by contacting an experienced personal injury attorney.

This legislative session will include proposed laws that will require seat-belts. Support them by contacting your local representtive. Find yours at: ">http://www.cga.ct.gov/asp/menu/CGAFindLeg.asp ">Connecticut Representative Locator. This is a step in the right direction, but a small one. Connecticut has an enhanced driver and owner liability requirement for a certain class and use of vehicles. The requirement applies to all "common carrierrs" which are transport vehicles carrying passengers for hire, such as taxis, city and school buses, as well as limousines and car services. Because they are deemed professionals who have undertaken responsibility for safely delivering people, rather than products, they must adhere to higherr standards of care while driving, as detailed in Connecticut case law (go to Justia.com to view relevant cases-there are lots!)

Continue reading "Connecticut School Bus Safety Legislation" »

A Connecticut student and science enthusiast was killed when the school bus he was on was involved in a crash with a car. After the collision with the car, the school bus went over and down an embankment. Because the bus was not equipped with seat-belts, students had nothing to restrain them from being violently thrown about the interior of the bus. One student died, and another was hospitalized, according to The Hartford Courant and other sources.

Legal responsibility has yet to be determined for the cause of the crash. However, it is clear that seat-belts did not play a role in the accident because, as is the casee with almost all Connecticut school buses, they were not installed on that bus. Connecticut law does not currently require seat-belts. Why not? Economics is obviously the key component, as safety considerations must be weighed against the costs of implementation. There are studies and general concerns that simple lap belts could be more harmful than helpful, causing whipping type injuries. Combination restraints that incluude lap and shoulder belts may not only be too costly, they may be impossible to install in buses currently on the road. Is this the best we can do? Buses and other vehicles that transport people for money are already subject to stricter legal standards of care as "Common Carriers" under Connecticut Law. This means that operators of regular buses, taxis, trolleys and similar road vehicles are required to follow higher safety rules than ordinary driverrs.

School bus drivers have the added responsibility of driving our children, who cannot look out for themselves. Even a teacher's presence cannot add any measure of security where seat-belts are lacking. What to do?

Continue reading "Connecticut Student Dies in Bus Crash" »

The Seymour, Connecticut Teen driver who crashed into a school bus has lost her driving privileges. Because she was in violation of the Connecticut teen driver laws restricting the number of passengers in her car while in the early stages of her driving career, the teen driver who crashed into a busload of children has had her license suspended.

As the parent of a near teenager, I make sure to monitor my son's whereabouts at all times. As he approaches the age when he may be in someone else's car, potentially a newly licensed teen driver, I anticipate many discussions about what is permitted, and what must be avoided at all costs. As he, and later, his younger siblings, reach driving age, I hope that these early warnings will stay with him, and them, in their driving habits.

Parents: Be sure to have proper and adequate automobile insurance in place on your vehicles. A review of your policy with your agent or insurance representative is essential when you have a new driver of your cars. If you are unclear about what these coverages mean, or have a claim that you need to discuss, speak to an experienced personal injury attorney for answers to liability questions, and what you should expect from your insurance agent or representative. Specifically, ensure that your liability coverage is high enough to protect your own assets if your car is involved in an accident that is deemed your child's fault (or anyone else driving your car). Imagine facing a claim or being sued for such an accident and learning, too late, that your coverage is not enough because your child struck a school bus full of children, and each was injured, and looking to you and your policy for coverage. If that coverage is insufficient, they can also look to your personal assets for compensation. It may be a bit more expensive, but having piece of mind where automobile liability is involved is worth the price. This is especially so because of the high number of accidents involving teen drivers.