Can anything be done?? My 5 year old daughter was on a bus friday that hit and killed a lady that was getting her grandson off t

Asked almost 2 years ago - Ingram, TX

Can anything be done?? My 5 year old daughter was on a bus friday that hit and killed a lady that was getting her grandson off the bus,this happen around 11 in the morning! However i did not know anything about this till my daughter came home telling me what she had seen and I was very upset that my chld had to go threw this and that the school could not even call me when this happen, After calling and calling the school i finally spoke to the princeable abou 5 that day, she simply told me i was on a list to be called and there would be someone at school for the kidsto talk to and a class...dinttll me a time or nothing! I trust both of my children at this school and they cant even call when my child witness a death, in the news paper it said the 6 kids dint see anything..which wasnt true m

Attorney answers (6)

  1. John Gus Zgourides

    Contributor Level 17

    4

    Lawyers agree

    Answered . You give too few facts. Texas law still allows for "bystander recovery" in limited circumstances. If it's a public school, you have additionally the Texas Tort Claim Act, which shortens certain deadlines drastically.

    Consult with an area personal injury attorney. There's a good one in Comfort.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Richard Kurt Arbuckle

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . No one has answered what seems to be your question, so I will try. There is not much you can do from a lawyer's view point about the failure of the school to notify you timely. There is no law or ruling that sets a time limit. So even though it is very upsetting to find out, your remedy is not in that direction. However, you can complain to the school board (I assume a public school) and hopefully get them to think about better (faster) ways to communicate with parents.

    What other lawyers answering your question are referring to is a law that allows what is called "by stander" recovery. But that is limited to close relationships between the by stander (your child) and the person injured (the lady). So unless your child was related to the deceased in some way, there will be no claim on that basis.

    Assuming again that it is a public school, because attendence is required, there are civil rights issues involved in school safety, but these are rare and difficult cases amounting to having to prove the school had a policy to endager children.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    4

    Lawyers agree

    Answered . Truly a tragedy; particularly for the family of that innocent victim. Can you imagine what they must be dealing with! My condolences.
    Your question is unclear; do you mean what can be done to get your child counseling? I suggest you ask the school how they intend to address this important point.
    Perhaps contact a local politician for assistance.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Albert Lee Crosner

    Contributor Level 19

    4

    Lawyers agree

    Answered . I would suggest that you contact a local area attorney that offers free consultations on this matter. I am sorry that your 5 year old daughter was a witness to this horrible accident. The one thing that I have not seen in your question is how your daughter was affected by her watching the accident occur. How did she feel when she told you about it? Good luck.

    The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather... more
  5. Carlos J. Jimenez

    Contributor Level 9

    4

    Lawyers agree

    Answered . Sorry to hear that your daughter witnessed such a tragic event. You may want to consider getting her some counseling. Call a local lawyer that handles such cases.

    This information does not constitute am attorney / client relationship and is just a general answer to the... more
  6. Kevin Coluccio

    Contributor Level 20

    3

    Lawyers agree

    Answered . Very sorry for your loss. Contact a local personal injury attorney as soon as possible.

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