Idaho Personal Injury Attorneys > Idaho School Bus Accident Lawyers > School Bus Accident Legal Issues > DETERMINING FAULT

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Determining Fault

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Idaho: School Bus Accident Legal Issues

The issue of determining fault in a Idaho school bus accident case can be complex. Because of the many ways a school bus crash can happen, the question of who is responsible for injuries and other damages depends upon the circumstances of the bus accident. In these types of cases, there are often multiple plaintiffs and multiple defendants, and complicated legal issues can arise when the defendants in a lawsuit are municipalities and school districts.

Proving liability and fault in a Idaho school bus accident injury or wrongful death claim may require medical testimony. In addition, it is often necessary for an accident scene survey to be undertaken by a qualified accident reconstructionist immediately after the crash, so that all physical evidence is photographed and documented, including any skid marks, gouges, debris fields, and any other important evidence. The expert testimony and evidence can be essential in proving a party's liability for the school bus accident.

Some additional factors courts look to in determining negligence and fault are:

Speeding
Driving under the influence of drugs or alcohol
Failing to signal while turning
Disregarding weather or traffic conditions
Disobeying traffic signs or signals
Failing to drive on the correct side of the road
Intentional or reckless conduct
Aggressive driving
Improper driver training

When it comes to determining fault, Idaho school bus accident attorneys may also examine factors such as negligent maintenance on the part of the bus company, the school district's failure to provide adequate supervision for children with special needs, or defective school bus equipment. If the school bus driver was at fault, then he and his employer (often the school district) can be held responsible for the accident, injuries, and resulting losses.