school bus accident

[Lautre]

I often use this site to read about peoples experiences and many times have had valued advice just reading others reponses. However this time I have decided to be brave enough to ask for some advice myself. My elder son (10 yrs aspergers) has been at a PRU since last april due to lots of problems at his previous school and two other schools in the area not accepting him. Before Christmas I finally found a school that has accepted him but he started going only one half day a week, the rest of the days he goes to the PRU (that he actually hates going to). Any last week he was going to start his first full day last wednesday, but on tuesday on his way home on the school bus he had an accident. A boy sitting behind my son started pulling his hair, my son told him to stop. The child continued and then got up to get off his stop,( the bus being stationary now) my son undid his seatbelt stood up on the bus to confront the other child. The lady supervising the bus told my son to sit down and the child got off the bus. My son was very cross because as far as he was concerned the child had done something to him and had not been told off for it. he was being very defiant and refused to sit down despite the lady on the bus telling him too. The bus driver started the minibus again with my son still not in his seat and the seatbelt on, a car came out of a side road and the bus braked suddenly. Ths caused my son to go flying forward and fall on some metal seat runners and split his knee open. An assistant from the school drove to where the bus was parked and drove my son to the hospital (taking the scenic route- he got lost on the way!). After having xrays to check the bone/tendons werent broken my son had to have 8 injections to numb the pain, then have thirteen stitches. He was ever so brave. I would have screamed more than him if I had to go through what he did. Any way the head of the school then phoned tme to see how he was then to tell me "you know it was your son's fault for not sitting down with his belt on" and the bus lady was so traumatised she may be giving up her job" AND "the bus company may not let you son back on the school bus". Anyone else been through anything similar? Any advice on what to do or say to the head?? My son should be getting his stitches out on Tuesday, but then he has to have physiotherapy for I dont know how long. Ta.

[loulou]

Hi Lautre,

 

<'> so sorry to hear what happened. He was VERY brave, i think my son would have to have a general anaesthetic if that happened to him.

 

All i can say, is that the school are TOTALLY wrong in what they are saying. It is in fact the drivers' responsibility to ensure all children have their seat belts on, so he therefore should not have started driving. This is the law for general drivers and i'm sure it would apply to school bus drivers too.

 

Sorry i can't offer any more advice, but i'm sure somebody will be along with some more soon.

 

Loulou xx

[summertime]

I would be tempted to get some legal advise on this one, as far as i am aware it is the bus drivers resposibility to make sure that children travelling on his bus are wareing seatbelts, if the escort was aware that your son wasnt in his seat she should have made sure the bus driver didnt drive off until he was in his seat with his belt on

[stressedmumto2]

I think you should get some legal advice on this, my take is the driver should not of been driving if a child did not have the seat belt on, the superviser I think probably feels guilty as she should of made sure he had it on or the driver was stationary until it was put on.

 

I think the school are out of order and trying to put the blmae on you so you don't take things further.

 

get some legal advice on this and soon, ask for a copy of the incident from all witnesses, also ask your son exactly what happened and write it down.

 

I think your son has been very brave, he too may be feeling like it is his fault because i'm sure the school will prob make him feel like it's his fault if they are saying that to you already.

 

take care and I hope you get things sorted soon <'>

[palgem]

hi

i drive for a bus company and am sorry the new law that came into force is for children of 14 plus children under 14 is still open to debate as to who should be resonsable for the booster seat etc .this we have clearly debated amongst drivers and managment but bare in mind our coaches and mini buses are un escorted but it is our responsibility to ensure seat belts are worn at all times within our company but this will vary with others but i,m sure if you push this issue you will get satisfaction if you see what i mean don,t want to go into legal matters but push for what you feel is right they should transprt your child safely their is no excuse for what happened and those responsible should be held responible ?

bye for now

hope it works out and hope he recovers fully

[phasmid]

I would suggest you take a copy of the ROSPA guidance: Minibus Safety - A Code of Practice in for the school and a copy for the transport company as well. You ca find it on this link. You need to highlight section 4:4.3 in Passenger safety.

 

Hope that helps

Edited January 21, 2007 by phasmid

[hev]

i know nothing about bus rules but i disagree with the school completely,the escort should have made sure your son was in his seat and i think as for the school saying shes not returning to her job cos shes traumatised well obviously shes in the wrong job then,i think they are saying that to cover themselves,i would get legal advise,hope your son is ok today

[phasmid]

I do Hev. Although it has now lapsed I was registered to drive county owned mini-buses and had to pass their driver assessment course to be placed on their insurance. This covered all aspects of driving mini-buses including passenger safety. There is further advice to drivers in the link I gave above in Appendix B (p38): Before Setting Off. One of the bullet pointed items reads:

 

Do not exceed the carrying capacity of the minibus. Ensure that everyone is sitting, one to a seat, and that passengers are using seat belts.

 

This is simply a matter of looking round into the passenger area or, getting the escort to do it - why else are they there? The DRIVER was at fault here for not ensuring this was the case with your son and the escort was complicit it failing to do this as well. They are trying to shift the blame here onto a child. Don't stand for it.

[lisa]

I agree with everyone else. This is a 10 year old disabled child we're talking about. If he was in the back of your car without a seatbelt, you would be the person who would be prosecuted and held responsible, not your son. So why does the head seem to think this doesn't apply in this case and that the child is responsible.

 

I don't think the police would except this explanation if they'd seen your son standing up while the bus was moving and pulled the driver over.

 

As for the bus company not letting your son on the bus anymore, that's not your problem, the LEA have to either get another bus company or provide a taxi. These mini bus services get paid good money to specifically transport disabled and in some cases challenging children. Disgraceful, they're just trying to cover their backs because the escort and bus driver were both negligent.

 

Lisa

[Pippin]

Lisa's really hit the nail on the head here. Neither you nor your son are responsible for his injuries so stick to your guns. Good luck <'>

[cmuir]

Hi

 

That's outrageous apportioning blame on your son. Sounds like they're panicking and may be concerned about an injury claim!!! (?). Everyone's first concerns should have been for your son, not about the woman on the bus, etc.

 

Had this silly woman dealt with the situation appropriately, this probably could have been prevented. I also think that the driver should have ensured that everyone was sitting down.

 

I'd certainly seek advice on this.

 

Best wishes

 

Caroline

[Paula]

Im an escort on school buses takeing disabled kids with alsorts of problems to and from school and respite and day care.

 

 

Its not youre sons fault.That bus should not have moved from the spot until youre son was in his belt.............No argueing no question about it.Its our job to ensure that kids are safe.If we dont then we should loose our jobs coz its neglagent.

 

Yes kids take of there belts yes they mess around but i for one always always say seat belt now or else we dont move and i inform the driver to stop the bus.We waite then however long it takes for belts to be refastened.

[Paula]

Oh can i also say that you should take it further and officialy complaine about the escort and driver.Put it in writeing and shove in a claime for injuries also.