We trust school buses and other transportation systems to get our children safely from one place to another. When school administrators and drivers fail to use due care, a serious accident can result. There are special rules that apply to when a public entity can be sued in a tort action, making it critical to seek guidance from a seasoned Raleigh bus accident lawyer.
In a recent appellate opinion, the court considered whether the plaintiff could bring a lawsuit for the alleged negligence of a school board employee in operating an activity bus that was transporting students to an extracurricular event. The accident happened in 2011 when the plaintiff was hit by the bus while it was on its way to a football game. The plaintiff contended that the driver of the bus was negligent at the time of the accident and that she was entitled to compensation as a result.
The plaintiff filed a claim with the North Carolina Industrial Commission pursuant to the Tort Claims Act. This statute provides a limited waiver for local government immunity by allowing lawsuits against boards of education for the negligent operation of school buses and school transportation service vehicles if the plaintiff is able to show that certain criteria are met. The Commission is the body vested with jurisdiction to hear these claims.