A parent’s worst nightmare, “Mom we were in a car accident”. Thirty-four parents received that call Tuesday when the bus carrying T.H. Harris Middle School’s track team plunged into the canal. According to WGNO, three students were taken to a local hospital complaining of minor injuries after a Jefferson Parish School bus driver careened into a canal. After the accident, students were forced to exit the bus through windows and the back door. While no reports have been issued stating the school bus driver was impaired, the school bus driver was cited for careless operation by local authorities.
Unfortunate events like this school bus accident occur all too often. Parents and children are left with the visible and invisible injuries. Some parents are up in arms about the numerous open canals along bus routes, but one of the overarching concerns is whether school bus drivers are receiving effective and adequate driving training.
Accidents are never easy, but when employees are in the course and scope of their employment, their employers are liable for damages. According to Louisiana Civil Code Article 2320, masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed. See full text of Article 2320 here. Our previous blog entry on the theory of Respondeat Superior is a great guide explaining the concept.