Problem is, ISD are part of the body politic, i.e. state of Texas, and they have governmental immunity and its very difficult to sue them and proof your case. The car who hit him is the better culprit to pursue or was this a hit and run?
There may be arguments that your son has rights against the bus, but that will require overcoming substantial battles to include immunity and intervening cause.
I'd like to hear more about your son, his age, his injuries, his hobbies, etc.
I'd also like to review your police report and your family's auto policy to see what options he might have.
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Marc C. Lenahan
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Texas Brain Injury Alliance
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Best bet is to retain a personal injury lawyer to go after the insurance on the car, and the lawyer can tell you whether it is worth trying to get around the school immunity.
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Aside from the sovereign immunity issue, it doesn't really sound like there will be liability on the school district. You should focus on the driver of the vehicle, and consider a claim against them and their insurance company.
To research Texas car accident issues, go here: http://www.VBAttorneys.com
If you could provide more information, one of our Houston Board Certified injury attorneys would be happy to give you a free review of your claim.
I agree with Mr Lassen. Your best option is to go after the insurance company of the car who hit your son. That driver is responsible for his actions. I would also make reports against the bus driver for his wrongful actions. Maybe you can ensure that it does not happen to another child (regardless of private school district).
I would seek legal advise as soon as possible.
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There are tort claims act / immunity issues in this suit that must be contended with so do not delay. You have a claim against the motorist (likely) and perhaps the school as well, but it may have immunity issues too. A claim against the school/driver also may have statutory caps/limits to the recovery. Consult a lawyer. That is what you CAN and MUST do. Even if you end up not having a claim for some reason, let an experienced lawyer tell you that. You appear to have a legitimate and serious case if your child was injured to any degree. Good luck and get to an experienced injury lawyer soon.
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