A 16-year-old girl and a female crossing guard were struck by a vehicle as they crossed the street during school drop-off period. According to police at the scene, the guard was escorting the student across Vanowen Street near Sunnyslope Ave when a car hit them. The driver told police that he didn’t see them because the sun was in his eyes.
The accident happened Monday, August 16, 2019, around 7:20 am when parents were dropping their kids off to go to school. Police don’t anticipate any criminal charges against the driver who stayed at the scene and cooperated with police.
School Crossing Accidents
Each year, around 100 kids are hurt in school crossing accidents. Out of those, the fatality rate is around one every three years. While this seems like a low number, it is still a concern for many families as they drop their kids off to school and expect that they arrive safely into the building.
Just about anything can be a reason for a school crossing accident. In most cases, it is because of a distracted driver. In California, the law requires all drivers to stop when a crossing guard holds up a stop paddle regardless if it is in a crosswalk. Failure to stop at a school crossing is punishable by a minimum ticket of $284.
Liability for School Crossing Accident
In most cases, the driver of the car is going to be at fault if he or she failed to stop when instructed to do so by the crossing guard. When this happens, all those injured—including the crossing guard—are able to collect compensation for their injuries from the driver’s auto insurance. In California, the minimum insurance policy is $15,000 for bodily injury and $30,000 for each accident.
Can the School be Sued?
In California, there is a law that protects the state—including public school—from lawsuits, However, another law allows some suits if the school was somehow negligent. If so, the injured victims can sue so long as their injuries came directly from the negligence of school. This is rare, but it can happen, and when it does, the victim can sue both the driver of the car and the school for injuries.
However, proving negligence in a school crossing crash is going to be difficult. There are a few ways the school might be negligent, such as if the crossing guard didn’t do their job right, or was improperly trained. Other reasons might be if the school was on notice that the place of choice for crossing was hazardous.
Contact an Los Angeles Accident Attorney
The best thing to do when injured in an automobile accident is to talk to an attorney. Even if you don’t hire one, you owe it to yourself to be advised of the law by an impartial professional. Then if you decide to get representation, then choose someone who is experienced and understands the law. Call the Law Offices of Steers & Associates at 800 824 5416 or click here to contact us online. We have attorneys with years of experience dealing with every type of motor vehicle accident, and we get results against the insurance companies and their highly-paid lawyers. Call us now to even the playing field and get the compensation you deserve.