My 5 year old was hit by a car, a school counselor at her school was driving the car, the lady went around a stopped school bus that had the stop sign out and light flashing and struck my daughter who was first in line crossing in front of the bus to go to school in the morning. I know the ladies car insurance will pay for the medical bills for our daughter. Is it possible to get money from the schools insurance for {not providing crossing guards for the children and therefore not protecting my daughter, and my families personal stress due to this accident?}
I am so sorry this happened to your daughter, and yes you should explore all avenues of possible recovery with an experienced and competent attorney in the area of injury law in Alaska. (I would especially make some inquiry into whether an attorney has had experience in school bus, school crossing and pedestrian injuries.)
Most obviously the fault lies with the individual school counselor who was the careless driver in this situation. But you are wise to ask whether the school system also bears responsibility and that may be determined with how foreseeable the danger was in those particular circumstances. (I am currently handling a school crossing case that resulted in the death of a young child who was made to cross a busy highway in pre-dawn hours. We have collected from the oncoming careless driver, but are now holding the school system accountable for what we contend was a bad route design, among other problems.)
If you also have your own car insurance, there may be some coverage there since your daughter is also a member of your household and may be entitled to coverage for medical payments.
All these issues can be addressed with a competent and experienced attorney in Alaska. Best of luck to you.
It is possible. This is a situation where you want to talk with a qualified attorney. Most attorneys provide for a free consultation. It would be important for the attorney to review the facts and to provide you with your best options. I hope that you daughter is recovering.
Suing schools is complicated. Look here on for a personal injury attorney in your area whom you can contact for a free consultation. You will find many fine options to choose from. Good luck.
Ward M. MerdesCar / Auto Accident LawyerFairbanks, AK ·
Yes. First in line is the driver's auto insurance. There are many other issues. I hope your kid is OK. Call if you want to talk... No charge to see if we like each other. Ward Merdes 907-452-5400
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
A personal injury lawyer would go after the car insurance on the car. Find a personal injury lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not the lawyer.
There are multiple areas of recovery for case such as yours. First you can go after the at fault driver's insurance, then you can go talk to your own insurance company if you have an uninsured motorist policy, finally you could go after the school for negligent supervision or other theory of law.
