A School Bus Accident ; All Kids on Bus Were Disabled - PARENTS NEVER CALLED!

[snowpup]

I live in Illinois, School District 181 (one of the supposedly "best" districts in state) and a on January 20, 1999 my DISABLED 4 YEAR OLD FOSTER DAUGHTER was on the bus that the school district provided to transport her to her PRE-K SPECIAL ED CLASS when it was struck by another vehicle. Here's where this becomes outrageous... 7 or 8 days later the bus driver apologized to me for the accident the week prior... Accident? What accident? I was never informed by the school, bus company, or anyone else up until that point. Upon questioning my daughter she replied "Oh yes, Mom, I forgot to tell you- when they carried me off the bus I got so dizzy & fell in the snow!" Although she claimed not to be hurt in this "accident that never was" SHE WAS IN THE ER ON JAN. 25 DUE TO COMPLAINTS OF BACK PAINS (& I thought she may be having a seizure); THIS WAS DAYS BEFORE I WAS TOLD OF THE CRASH BY THE DRIVER. I realize that her pain may or may not have been caused by the crash but I think that the burden of proof should fall on their shoulders.
I called the bus company to ask about the accident... why wasn't I informed? These are disabled kids- most can't speak out like my daughter did, and the bus company told me that "NO CHILDREN WERE ON THE BUS AT THE TIME OF THE ACCIDENT" but I did manage to get their Ins. Co's phone # from them. The Ins. Co. said that, "Oh, yes, their was a little accident, but there was no damage to neither the bus or the Chevy Suburban which
struck the bus, and besides NO KIDS WERE ON THE BUS and this whole thing is SO MINOR THAT WE DON'T EVEN HAVE A FILE ON IT!" I then went to the CLARENDON HILLS, IL Police Station to get a copy of the accident report from Jan. 20 and they said... "WHAT SCHOOL BUS ACCIDENT?" and I insisted on seeing an officer. When an officer finally saw me he had the nerve to ask me "WHY DO YOU WANT A COPY OF THE POLICE REPORT AND WHAT ARE YOU GOING TO DO WITH IT?" (quoted verbatim) I explained that I am a foster mom (and her educational surrogate too) and that I need to be aware of and document all incidents for my foster daughter's DCFS file (I was being very "non-threatening") so he pulled out the accident report and IT SHOWED THAT THERE WAS OVER $500 DAMAGE TO THE BUS AND OVER $500 DAMAGE TO THE OTHER VEHICLE and it said NO PASSENGERS ABOARD... Now my little girl is disabled, NOT crazy and I looked this guy straight in the eye and told him that both the bus driver and my daughter said that the KIDS WERE ON THE BUS AT THE TIME OF THE CRASH & he took out his little pencil & asked me her name and wrote it in on the report. With his memory finally jogged, he said, that he remembered carrying my little girl off the bus and she was the one in the back seat, strapped into a "harness"... this was just to confuse me or something, as every school day I help her into her REGULAR SEAT with a REGULAR SEATBELT, not a harness. Anyway, as far as I know, none of the other parents of the kids on the bus (who are still not even listed on the accident report) were ever notified. There ought to be a law.... or IS THERE? Why do parents fill out all these medical emergency forms? Isn't an accident an emergency? I also notified the child's caseworker from Lutheran Child & Family Services and they don't care to get involved either. Can I sue any of these ninnies?
What about the Children With Disabilities Act? Can anyone out there comment? Give advice? Publicize this outrage? Sue??????
I have a copy of the accident report from the "...accident that never was" and the bus company is called PRAIRIE TRANSPORT. Thanks for reading my long posting...


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[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney-client relationship.

I think first and foremost what they did was a horrible tragedy. A sad commentary on how people view disabled people. All involved here should be fired (including the officer) and fined.

A cover-up like this can be construed as a conspiracy (potential for many people here). You can sue and the prosecutor can charge them criminally. What you need to do is take it to the prosecutor's office. Make sure you inform that you will be making a claim against the insurance company for all medical bills that followed this accident (high potential the accident aggravated existing medical conditions and/or spurred new ones). Make sure you get a reputable personal injury attorney who is sensitive to your child's needs. A possible class action might ensure, but would not be highly recommended (most of the cash settled will wind up in the lawyer's pocket, not yours).

Try national disabled americans organizations and local ones, as well. I am sure you are aware of them. Something along the lines of a nationally known organization like the NAACP for civil rights.

You might be able to swing a pro bono atty or free atty through one of these organizations.

I hope this helps you. It is an utter shame how guilty individuals try to cover horrible ruthless acts to protect their insurance rates from increasing! Go out there, know you are in the right, and win won for all "human" human beings. My prayers are with you.

 

[snowpup]

Thanks, Lawrat! I have taken steps to secure a local attorney on my daughter's behalf.
You, and the other attorneys who reply on this message board must be commended. You truly help us "average citizens" plus you give lawyers a good name!

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