The Delaware Supreme Court recently issued a decision allowing a student to recover personal injury protection (PIP) benefits for any harm sustained while crossing the street to board the bus. While the student may not have been injured on board the bus, specific circumstances led the court to conclude that it was a bus
The Delaware Supreme Court recently issued a decision allowing a student to recover personal injury protection (PIP) benefits for any harm sustained while crossing the street to board the bus. While the student may not have been injured on board the bus, specific circumstances led the court to conclude that it was a bus accident under the insurance company’s no-fault coverage.
School Bus PIP Coverage
The insurance company argued that it was not liable to pay for the student’s injuries under the bus company’s policy because the school bus did not cause the injuries of the student. The Supreme Court rejected this argument and said that by law, the school bus driver controlled the process by which the student-riders enter and exit the bus. In this case, the student crossed the street upon the bus driver’s signal to proceed and was injured while following that instruction.
The high court further said that the PIP benefits applied not only to the occupants of the school bus, but also to any other person injured in an accident involving the bus, except the occupant of another vehicle.
Injuries from Bus Accident
Bus occupants are exposed to bus accident risks every day. Depending on the severity of the accident, occupants can suffer life threatening or debilitating injury that can change their lives forever. Catastrophic injuries that can arise from a bus accident include traumatic brain injury, spinal cord injury, broken limbs, and other serious physical injuries.
If you or someone you love is injured in a bus accident, the most immediate step is to get treatment from appropriate health providers. It’s also important to speak to an experienced Las Cruces bus accident attorney about your situation. Your attorney can examine the details of your situation and assess whether you have a potential claim for compensation. In situations similar to the cited school bus incident, your attorney can scrutinize the bus company’s insurance coverage for PIP insurance benefits which ordinarily do not require an injured claimant to assign fault or blame to the bus company.
In Las Cruces, New Mexico, the Law Office of Samuel I. Kane, P.A. have extensive experience in serious catastrophic bus accident cases. Samuel I. Kane has participated in over 1000 bench and jury trials, obtaining favorable outcomes in many cases. Our Firm will work very hard to help you recover the amount of compensation that you legally deserve.
We invite you to call us today at (575) 541-3004 to schedule a free consultation with one of our attorneys.
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