Table of Contents
When it comes to your child’s journey to and from school, safety is every parent’s number one priority. This is why school zones exist. Reduced speed zones, flashing lights, and crossing guards are all essential to creating a safe environment, whether your child is getting picked up, walking home, or taking the bus.
Yet despite these safeguards, serious accidents unfortunately still occur in school zones across Long Island every year, and when they do, it’s not always immediately clear who can be held responsible. Below, we will discuss how school zone accidents happen, who may be liable, and what families can do when their children are injured.
Common Causes of School Zone Accidents
School zone accidents are usually caused by factors that reduce drivers’ ability to react in time. Common causes include:
- Distracted driving: Drivers using phones, GPS, or otherwise not paying attention may fail to see students or crossing signals.
- Failure to yield: Drivers may ignore crosswalks, stop signs, or right-of-way rules.
- Speeding: Exceeding the reduced speed limits in school zones reduces reaction time and increases the severity of collisions.
- Poor visibility: Parked cars, buses, or other obstacles can make it hard to see pedestrians in or near the roadway.
Because school zones are often busy and crowded, with school children and adults moving unpredictably from one place to another, drivers must remain especially alert. Even a momentary lapse in attention can have serious consequences.
Who May Be Liable in a School Zone Accident?
School zones are highly congested areas that contain a wide array of both pedestrians and drivers, which means there are many different possibilities when it comes to liable parties. Some examples include:
- Negligent motorists, who fail to stop, yield, or reduce their speed
- School bus drivers or bus companies who drive or maintain traffic irresponsibly
- Municipalities that fail to maintain street, signage, or crosswalk maintenance
- School districts that foster unsafe conditions on school property
- Contracted personnel or private transportation services involved in student pick-up, drop-off, or crossing supervision
Determining liability can be complex, and establishing responsibility typically requires a careful review of the circumstances surrounding the accident.
How New York’s Comparative Negligence Rule May Apply in School Zone Accidents
In many school zone accidents, multiple parties may share responsibility. New York’s comparative negligence system allows liability and compensation to be divided based on each party’s role in the incident.
For example, if a driver runs a stop sign in a school zone and strikes a child who was crossing in a marked crosswalk, the driver may be found 90% at fault. If the child’s actions contributed in a minor way, for example if they stepped off the curb slightly early, the child might be assigned 10% of the fault, reducing the compensation they can recover by that percentage.
Even when the victim’s role is small, understanding comparative negligence is important for families pursuing a claim.
The Reaction Point
Every case has its variables, including negligence, evidence, medical complexity, and stakes. The Odierno Law Firm acts as the reagent that brings these elements together and sets the reaction in motion. The result is the outcome we aim for, a favorable verdict or settlement for our clients.
What Compensation Can Families Pursue After a School Zone Accident?
After a school zone accident, parents have the right to pursue compensation on behalf of their injured child by filing a personal injury lawsuit against the at-fault party. Compensation in these cases typically focuses on both current medical and emotional needs, as well as potential future impact. Examples include:
- Medical expenses, including emergency care, surgery, hospital stays, and medication
- Long-term care, such as rehabilitation, physical therapy, or assistive devices
- Pain and suffering, including the effect of the injury on educational needs, future employment issues, and emotional trauma
- The impact on the family’s emotional and financial well-being
Timing is often essential in school zone accident cases, as they may involve school districts or government entities, which means that there are special procedures and deadlines for filing a lawsuit.
What Parents Should Do After a School Zone Accident
In any incident when a child is injured in a school zone accident, the child’s safety should always come first. Even if your child’s injuries seem mild, it’s always best to play it safe and seek medical attention. This not only protects your child’s health but also helps create official documentation of the incident, which can be used as evidence if you decide to pursue a claim later on.
Documentation is equally important at the accident site. If you are present when the incident occurs and it is safe to do so, take pictures of the accident site and exchange contact information with anyone who was involved or witnessed the event. If you were not present, request a copy of the incident report; however, do your best to avoid any detailed conversations about the event until you’ve had a chance to contact a lawyer.
How a Long Island School Zone Accident Lawyer Can Help
As we’ve learned, school zone accidents can be incredibly tense and complicated situations that often involve multiple liable parties and witnesses, unique filing procedures, and, most importantly, the potential to severely impact a child’s well-being. In almost every instance, it’s essential that you seek the help of an experienced school zone accident attorney who is familiar with these unique nuances and can help protect your family’s right to seek compensation for the event.
A school zone accident lawyer will be able to direct you every step of the way, collect supporting evidence, identify the liable parties, and handle all communications with the school board, insurers, and witnesses. They will also be able to handle all paperwork on your behalf to ensure that you are in compliance with the many requirements of government claims. All of these services and many more allow you to have peace of mind throughout the process and focus on your child’s recovery.
Dedicated To You
We are committed to getting you the compensation you deserve for the injuries you have sustained. We are determined to fight for you. We have a no recovery, no fee policy, so you don’t pay unless we win.
The Odierno Law Firm Helps Families Move Forward After an Accident
School zone accidents involving children are among the most serious and emotionally challenging cases a family can face. Unfortunately, they are also one of the most complex types of personal injury cases, and without legal support, one wrong move can make a severe impact on your child’s well-being and future. The Odierno Law Firm has over 150 combined years of legal experience in personal injury law, and our attorneys are committed to handling these cases with the care, diligence, and tenacity that they require. Contact our firm today for a free consultation to learn more about how we can help.
