QUESTION:
My daughter was crossing in front of her stopped school bus and was struck by a car. The bus driver turned the lights off prematurely. Is this negligence?
ANSWER:
While negligence is often pleaded as an alternative theory, the strict liability cause of action does not require proof of “duty” and “breach” (conduct falling below the applicable “reasonable” standard of care). In other words, negligence focuses on “reasonableness” of the defendant’s conduct. In the case of a child hit by a vehicle after exiting a school bus, it was a triable issue of fact whether the bus driver exercised reasonable care in ensuring that disembarking children could safely cross the road. [Farley v. El Tejon Unified School Dist. (1990) 225 CA3d 371, 380, 274 CR 780, 785–786; see Eric M. v. Cajon Valley Union School Dist. (2009) 174 CA4th 285, 299, 95 CR3d 428, 438—triable factual issue whether bus driver failed to exercise ordinary care in allowing 6–year-old to exit bus after he thought he saw his father’s car and assumed his father had come to pick him up (child was later hit by car while crossing street)]. It would be best to seek personal assistance from a lawyer in order to guide you with your personal injury claim.