Legal Question in Personal Injury in New York

school bus accident by unqualified school bus driver

my son was involved in school bus accident inwhich he fractured his collar bone. My car ins. was to pay cause of no fault law. fine. just found out that the driver of his school bus was not qualified to drive such at time of accident. want to know what you think? (such public school district in my oppinion is overly paid high school taxes and background checks should be done for their employees to ensure my childs safty..) so what do you think of this new found info of the drivers licence abstract?


Asked on 1/06/07, 6:01 pm

7 Answers from Attorneys

Re: school bus accident by unqualified school bus driver

You may have a good claim against the town for negligent hiring. I recommend you talk to Attorney David Woycik at Sanders, Sanders, Block & Woycik, PC. Suing a municipality is difficult but he has had success, and this is more up his alley; he can be reached at 800.526.6670

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Answered on 1/06/07, 6:12 pm
Fredrick A. Schulman SCHULMAN BLITZ, LLP

Re: school bus accident by unqualified school bus driver

Your no-fault insurance paid for your son's medical bills, but your son is entitled to be compensated for his pain and suffering from the insurance companies for the vehicles that were involved in the accident. My firm has a great deal of experience dealing with these types of cases. Please contact me as soon as possible, as there are very short deadlines to file claims against school districts. You can reach me at [email protected].

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Answered on 1/06/07, 6:37 pm
Jason Stern Law Offices of Jason Stern

Re: school bus accident by unqualified school bus driver

You need to hire an experienced trial attorney to sue the school district, the driver, and the bus company. We have offices in Manhattan and Westchester and offer free consultations for matters such as this. Do not hesitate to call me this weekend at 9179220835 if you wish to discuss this further.

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Answered on 1/06/07, 7:21 pm

Re: school bus accident by unqualified school bus driver

This is not a complicated case; Its simple negligence. If there is a school district driver involved, you need to file a Notice of Claim within 90 days of the accident as a prerequisite to filing a lawsuit. In the suit, you would sue all of the drivers involved. Please feel free to look at our firm's web site and contact me to discuss your case. We are a large firm with many local offices to make it easy for you.

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Answered on 1/06/07, 9:30 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: school bus accident by unqualified school bus driver

Your son's fractured collar bone is considered a "serious injury" under the law.

Whether you intend to sue or not you MUST file a Notice of Claim in order to preserve your right to do so within 90 days of the accident.

If longer than 90 days have already passed you MUST get an attorney ASAP to file a motion for a "late notice of claim".

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Answered on 1/06/07, 9:46 pm
Scott Levinson Korybski & Levinson

Re: school bus accident by unqualified school bus driver

It sounds like you certainly have grounds to file suit for negligence as a result of this accident. As the other attorneys who have responded have stated, however, there are very strict time limitations when bringing a claim against a municipal agency, like a public school district. You should act quickly to make sure the appropriate Notice of Claim is filed so that yours and your son's right to proceed is protected. I would be happy to speak to you further about all of your options in this matter. Please feel free to check out my firm's website (www.kllegal.com) and call me at your earliest convenience for a free consultation.

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Answered on 1/07/07, 9:16 am
Jason A. Richman Jason A. Richman, Esq.

Re: school bus accident by unqualified school bus driver

Your son is an infant under the law and because of this his ability to bring a claim is not as strictly limited as in the case of an adult. However, a notice of claim should still be filed immediately if the 90 day statute of limitations has not passed and if it has a motion for leave to file a late notice of claim should be made. This is a way of asking the court for permission to file a notice of claim after the expiration of the 90 day period but can only work if it is made before the passage of one year and 90 days from the date of the accident. You should hire an attorney experienced in both no-fault and municipal lawsuits. I am such an attorney but am located in Rochester, NY. I am however very much able to identify a properly experienced attorney in your area and would be willing to do so on your behalf at no cost to you. feel free to contact me at the listed email or at 5853195334

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Answered on 1/07/07, 10:19 am


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