Parents often find transportation to and from school to be a major source of anxiety and worry. This anxiety is well placed, as numerous vehicle accidents occur yearly on school property. This heightened risk of vehicle accidents results from many factors, most notably the volume and nature of traffic around schools.
Congestion Around Schools
In the US, three quarters of elementary age children are driven to school by a parent or caregiver. Eventually, many of these children will become licensed teenagers and will drive themselves to school. Even in school districts offering bus services, the buses may share a drop-off or pick-up space with parents. The sheer number of vehicles at most schools creates traffic congestion, contributing to “road rage,” traffic crashes, and pedestrian injuries and fatalities.
Private vs. Public Schools
The claims procedure will be similar whether an accident occurs at a private or public school. But if the accident is caused by a public school bus or other school vehicle, the school (or the school district) may be a party to the collision and subsequent legal actions. Public schools benefit from expanded governmental immunity in Illinois. If you have a claim against a public school or school district, you should consult an attorney immediately as these claims may be governed by unique procedures and requirements.
High School Parking Lots
A disproportionate number of car accidents occur in high school parking lots and exit lanes. Parents often send their recently licensed teen off in the family car into a driving environment that even an experienced driver would find challenging. High school parking lots are very congested in the morning and at the close of the school day and are filled with other inexperienced drivers in an environment full of peer pressure to take unnecessary risks. They are also full of pedestrians on cell phones, sometimes referred to as “distracted walking.” To make matters even worse, these parking lots often share pick-up and drop-off space with school buses and other large commercial vehicles. Car accidents are frequent in this environment and can result in serious injuries.
If You Have an Accident on School Property
If you or your child has a car accident on school property, the procedure will be like other collisions on public roads. Make sure your teen driver understands how to call for police and to trade insurance information, and make sure they call you immediately. Notify the school, especially if the damage to your vehicle was an unattended hit and run or fault is in question—the school may have cameras or other information helpful to your claim.
Liability for Parking Lot Accidents
Some simple traffic rules govern liability for collisions in and around parking areas but can involve difficult proof issues. Cars in through lanes in lots have the right of way, and drivers approaching through lanes should yield. When two vehicles back out into a lot at once, the car that starts backing out first has the right of way. Most importantly, all vehicles must yield to pedestrians and avoid stopping in crosswalks or interfering with foot traffic.
As always, drivers should avoid making any sort of admission or statement immediately following an accident. Because even a minor accident can involve significant property damage, drivers should discuss liability with an attorney before assuming fault.
Types of Damages
If you have an accident on school property, you may be able to recover damages from the other driver or possibly from the school district or another party. These damages may include:
- Medical Expenses, including emergency care, medication, surgery, and physical therapy.
- Lost Wages and Earnings, including lost income, future lost earnings, and lost ability to earn.
- Pain and Suffering, including emotional distress, post-traumatic stress, and anxiety.
- Permanent disability or loss of function.
- Property Damage
Legal Help for Your Claim
Car accidents are stressful, and accidents involving children and teens are particularly difficult. But Cullotta Bravo Law Group can help. We have experience in these claims and can guide you through the process and answer questions and concerns. To schedule a free consultation, call 630-898-7800 or contact us online.
