Hit By A School Bus Or on Public Transit in Ontario? What You Need to Know

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It's a fact that many school age children ride buses every weekday. With 800,000 Ontario students riding school buses every day of the school year – and an added number using public transit to get there – it’s fair to expect some bumps and bruises along the way. There are undoubtedly also a large number of bus riding students in your jurisdiction. Their safety is a priority.

What you might not know about is your child's rights and benefits following a school bus, or city bus, injury. They can be substantial when you factor in all the different parties involved. According to 1990-1995 survey results published at the Ontario Ministry of Transportation’s School Bus Safety Resource Guide, a typical Ontario school year in the early 1990s saw more than 1000 road collisions involving school buses. Upwards of 100 students were injured, every school year, while inside a school bus.

Of course, injuries can occur on any bus, whether it’s a school bus or part of a public transit system. They can be caused by sudden stops, collisions, or even by unsupervised horseplay.

When a person – child or adult – is injured on a school or transit bus, that individual is unlikely to be entirely responsible for the injury. Many other parties are responsible for the safety of all the bus’s riders, and depending on the accident, they could be legally responsible to provide compensation:

• Government bodies (MTO, Transport Canada, etc.) are responsible for putting appropriate safety guidelines in place, in order to prevent bus accidents.

• School board officials are responsible for implementing and monitoring school transportation, and this includes making safety improvements.

• All bus operators must follow provincial safety regulations as outlined in the Highway Traffic Act and the Public Vehicle Act.

• Auto insurance companies may be required to pay accident benefits to someone injured on a bus.

• School bus drivers are also on the hook to ensure rider safety, and inspect the bus regularly.

• Other motorists must also obey traffic laws, particularly in dealing with school buses. Parents like you are responsible for educating their children about bus safety.

In my city, the Ottawa Student Transportation Authority offers free bus safety materials, and interactive bus safety seminars. Check with your local school board to see if similar materials are available where you live.

One of the best ways you can prevent school bus injuries is to be a smart motorist. When a school bus has stopped, give it 20 meters of space. Never attempt to pass a stopped school bus.

If your child does have an accident on the school bus or the city bus, make sure you notify the school and bus company of the accident right away. This is especially important if your child is injured inside the bus and the driver may not be aware of the injuries.

Getting appropriate and timely medical attention is vital in every personal injury situation. A bus accident is no different.

Finally, if the injuries are serious, consider getting advice from a personal injury lawyer. Most accident lawyers will provide a free consultation, with no obligation to assist you in getting any compensation to which you may be entitled.