In Ontario, the safety of children travelling to and from school is paramount, and drivers play a critical role in preventing accidents involving school buses. When a school bus displays its flashing red lights and extended stop arm, it signals that children are either getting on or off the bus. Failing to stop for a school bus in this situation can lead to severe consequences, including serious personal injuries, and can form the basis for significant personal injury claims. 

The Legal Obligation to Stop for School Buses 

The law in Ontario is clear: drivers must stop for a school bus with its overhead red signal-lights flashing and stop arm extended. This requirement applies to traffic travelling in both directions on a road without a median strip. On highways divided by a median strip, only traffic travelling in the same direction as the bus must stop. 

Violating this rule is not only a serious traffic offence but can also lead to devastating accidents, particularly involving children. When a driver fails to stop, they put children at immense risk, and if an accident occurs, the negligent driver can be held liable for any resulting injuries. 

Personal Injury Claims Arising from School Bus Accidents 

Accidents involving school buses can result in a wide range of injuries, from minor scrapes to catastrophic and life-altering harm. When a driver’s negligence, such as failing to stop for a school bus, causes an injury, the victim may be entitled to pursue a personal injury claim. These claims aim to compensate the injured party for their losses. 

Common types of damages sought in such claims include: 

• Medical Expenses: Costs associated with emergency care, hospital stays, surgeries, medications, and ongoing treatments. 

• Rehabilitation Costs: Expenses for physical therapy, occupational therapy, psychological counselling, and other rehabilitative services. 

• Lost Income: Compensation for wages lost due to inability to work, both in the past and projected future losses. 

• Pain and Suffering: Damages for the physical pain, emotional distress, and loss of enjoyment of life caused by the injuries. 

• Future Care Costs: Funds to cover long-term care needs, assistive devices, and home modifications. 

Establishing Liability in School Bus-Related Injuries 

Proving a personal injury claim typically involves demonstrating that the at-fault party acted negligently and that this negligence directly caused the injuries. In the context of school bus accidents, several parties might be held liable: 

• The Negligent Driver: A driver who fails to stop for a school bus and strikes a child would almost certainly be liable for the child’s injuries 

• Vehicle Owner: Under the Highway Traffic Act, the owner of a motor vehicle can be held liable for damages resulting from the negligence in the operation of their vehicle, even if they were not the driver.  This means bus companies can be liable for the negligence of their drivers. 

• School Board: In some cases, not only the bus company but even the school board may be liable, particularly if there was negligence in supervision, training, or policy implementation. 

• In Mattinson et al. v. Wonnacott et al., a kindergarten child was struck by a car after getting off a school bus at the wrong stop. The court found the bus driver, the bus company, and the school board negligent for failing to provide adequate supervision for young children, despite being aware of the risks (Mattinson et al. v. Wonnacott et al., 1975 CanLII 506 (ON SC)). The Court held that school board’s duty of care didn’t end when a child got on the bus, especially when the board retained substantial control over the bus company’s operations (Mattinson et al. v. Wonnacott et al.). 

• Similarly, in Little v. Floyd Sinton Limited, a student was catastrophically injured after jumping from a moving school bus. The bus company was found 75% liable for failing to report recurring incidents of students jumping from buses, which contributed to the accident (Little v. Floyd Sinton Limited, 2019 ONCA 865 (CanLII), [para 12]). 

Protecting Children and Seeking Justice 

The legal framework in Ontario aims to protect children and ensure accountability when negligence leads to injury. For families in Eastern Ontario dealing with the aftermath of a school bus accident, understanding these legal avenues is crucial. 

If you or a loved one has been injured in a school bus-related incident, it’s important to consider the specific circumstances of the accident and the potential for a personal injury claim. 

If your child has been injured in a school bus related accident, call us today for a free consultation.