Legal Question in Personal Injury in Illinois
Daughter's bus accident
My daughter was 5 when her bus driver had been following a car to closely and had to slam on her breaks. My daughter was lying down on the bus sit and was throwen under the seat in front of her were she hit her head on the metal bar underneth the other seat. She obtained a gash in her forehead and was bleeding all over her clothing the bus driver drove her home and never had medical help called. Now the Bus company is saying that my daughter was neglictful and they were not at fault for her injurys intirely. Can a 5 year old with learning disablitys be responsable for her self? And should we even consiter the $5,000 settlement they have offered?
3 Answers from Attorneys
Re: Daughter's bus accident
The question of whether you should accept or not accept a settlement offer is one that you have to make alone. That is, ask yourself whether the $5k satisfies your sense of fairness. If so, take it. If not, then you will have to take the matter to litigation.
In making that decision, keep in mind that:
1) the law holds that a 5 year old is incapable of being negligent; and 2) the bus operator has a higher duty of care towards its passengers since it is a common carrier.
Liability wise you hold them by the balls. Now, what are the injuries? You stated that there was a gash on the child's head. What were the medical treatment? Was the child taken to emergency room once she was brought home and the injuries discovered by the parents? If so, what are the amount of the bills? Is there a scar? if so, where is it and how big is it?
All these play a role in the decision making process. You may call my office if you have any questions.
I hope this helps-
Taradji Law Offices
Re: Daughter's bus accident
This is typical insurance company behavior - making themselves the victims when it was your daughter who was injured. It's difficult to say whether the $5,000 they are offering is fair compensation. My instinct tells me it's not. If there is scarring, the claim may be worth much more.
Re: Daughter's bus accident
IT IS OUTRAGEOUS FOR THE BUS COMPANY OR ITS INSURER to say that any child five years of age, let alone one with learning disabilities is negligent. IT IS ALSO OUTRAGEOUS THAT THE BUS DRIVER DID NOT SEEK IMMEDIATE MEDICAL HELP FOR A HEAD INJURY!!
Regarding the offer, without knowing more details such as whether your daughter has been emotionally damaged or has a permanent scar, I can not give an opinion on the offer.
You should talk to an attorney. Most will not charge for an initial consultation. I handle cases throughout Indiana and Illinois and will be happy to talk with you.
I hope that she made a good recovery and that you can cope with the betrayal that you must feel from the school and bus company.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
