As summer winds down and the school year begins in Massachusetts, traffic patterns change dramatically. Roads that were quieter in July and August, especially in cities like Boston, Framingham, and Worcester, become busy again with school buses, student pedestrians, parents dropping children off, and commuters navigating heavier congestion. This seasonal increase in traffic also means a higher risk of motor vehicle accidents and pedestrian accidents – particularly around school zones, crosswalks, and bus stops.
Drivers must be vigilant. Massachusetts law requires motorists to stop for school buses with flashing red lights and for pedestrians using crosswalks. Unfortunately, negligent drivers who speed, fail to yield, or are distracted by their phones can put children, parents, and school bus drivers in danger. Each year, accidents occur because drivers fail to share the road responsibly with school buses and student pedestrians.
What Happens if a School Bus Driver is Injured in a Crash?
While much of the focus is on keeping children safe – and rightfully so – school bus drivers themselves also face real risks on the road. If a negligent driver collides with a school bus, the bus driver can sustain serious injuries. In these situations, Massachusetts law provides important protections:
- Workers’ Compensation Claim: Because the bus driver is on the job (or in the course of their employment), they are eligible to file a workers’ compensation claim in Massachusetts. Workers’ compensation can provide medical coverage, disability benefits to replace a portion of lost wage, and other support while the driver recovers from their injuries.
- Third-Party Personal Injury Claim: In addition to workers’ compensation, the bus driver may also pursue a personal injury claim against the negligent driver who caused the crash. A third-party claim can provide additional compensation for damages not fully covered by workers’ comp, such as pain and suffering, loss of future earning capacity, and other out-of-pocket losses.
For Example: Framingham personal injury lawyer, Chuck Pappas, helped a bus driver in Bellingham after she was struck by a negligent driver while she was on the job driving a school bus. Attorney Pappas worked diligently to recover the workers' compensation benefits his client deserved and obtained a lump sum settlement for her. Additionally, Attorney Pappas pursued a personal injury claim against the negligent driver’s auto insurance company and secured a favorable settlement to compensate his client for her economic and non-economic losses she sustained in the crash.
This combination of claims is often crucial to ensuring that injured bus drivers receive the full compensation they deserve after an accident.
Protecting Our Communities and Our Rights
Back-to-school season is a reminder for all drivers in Massachusetts – from Boston to Framingham, Worcester, and surrounding towns – that safety should always come first. Slowing down in school zones, paying attention to crosswalks, and stopping for school buses are not only legal obligations but also essential steps in protecting children and those who transport them.
At the same time, it is important for school bus drivers and their families to understand their legal rights if an accident occurs. Workers’ compensation and third-party claims can make a significant difference in their recovery and financial stability.
A work accident isn't something most think about often until it happens to them. This is why injured workers typically have many questions and concerns after being seriously injured on the job. If you were hurt at work, you should have a good understanding of the workers’ compensation process and benefits available in Massachusetts. The experienced workers’ compensation lawyers at Mahaney & Pappas, LLP, are here to help you during this difficult time.