A car accident in a school zone may involve another car, a bus, a bicyclist, or young pedestrians. If you or your child has been injured in a school zone car crash, you may be uncertain how to proceed. You should have an experienced San Mateo school zone accident attorney review the details of the accident and explain your legal options. A school zone accident lawyer can pursue the justice and compensation you need to put your life back together.
Call (650) 367-6811 to speak with a trusted personal injury lawyer with Carcione, Henderson & Markowitz, LLP, in San Mateo, CA, today and learn about your options. The initial consultation is free.
How a San Mateo School Zone Accident Lawyer Can Help
You may have a right to seek compensation if you or your loved one suffered serious injuries in a school zone and someone else caused them. For example, if you slowed down in a school zone, and a careless driver failed to slow down and crashed into your car, harming you, the other driver may be found at fault.
A San Mateo car accident lawyer can conduct an independent investigation and identify who was responsible for the auto accident. The legal team at Carcione, Henderson & Markowitz, LLP has experience with school zone accident cases. We can handle all the details of the legal process while you focus on healing.
When you hire our law firm, our team can help by:
- Investigating the accident
- Gathering evidence, such as traffic camera footage, before it is overwritten
- Determining who was at fault for the accident
- Obtaining your medical records and other documentation to show the harm you suffered
- Assessing the total value of your school zone accident claim
- Sending a demand letter to the at-fault party’s insurance company
- Handling all communications with the insurance company
- Negotiating a fair settlement
- Filing an injury lawsuit to protect your right to go to court if the insurer refuses to agree to a fair settlement
- Representing you at trial
Steps to Take After a School Zone Car Collision
After a car accident in a school zone in San Mateo, you or someone else probably called the police, who responded. If you had severe injuries, you may have received emergency medical attention. The actions you take in the days and weeks after the accident can protect your health and improve your chances of securing fair compensation. You should:
- Follow the doctor’s orders and attend all follow-up appointments with medical professionals.
- Avoid posting comments or photos of your accident on social media. Ask your family and friends not to mention your injuries or accident on social media until your case is closed.
- Keep copies of all receipts for your accident-related expenses, medical bills, and prescriptions.
- Be polite to any insurance adjuster who contacts you, but decline to give a recorded statement. Refer the insurance company to your lawyer.
- Keep a journal with notes of your daily pain levels and how the injury affects your ability to perform your daily activities.
- Contact an experienced San Mateo personal injury lawyer.
What Is a School Zone Under California Traffic Law?
School zones are areas with reduced speed limits and added traffic controls designed to protect children. Special traffic rules apply in school zones.
Under California Vehicle Code Division 11, Chapter 7, 22352(b)(2), “school zone” includes the area approaching a school building or grounds where a “SCHOOL” warning sign is posted. The definition applies during the hours when children arrive at school and leave at the end of the school day.
In San Mateo, speed limits have been reduced to 15 to 25 mph in school zones. Certain streets within 500 feet of a school have a 15 mph speed limit. Streets from 500 to 1,000 feet from a school have a 25 mph speed limit. Drivers have a responsibility to obey the lower speed limits in school zones and remain alert when children are present.
Why School Zone Accidents Are Treated Seriously
Courts treat school zone accidents seriously because drivers should exercise extra caution and alertness, given that children may be present and can be unpredictable. Courts view school zone violations as reckless driving and may impose harsher penalties than they would for automobile accidents elsewhere.
Who Is Liable in a School Zone Car Accident?
Determining liability in school zone crashes can be complicated. The potentially liable parties include:
- A reckless or inattentive driver who struck another vehicle or a pedestrian
- The driver’s employer, if the at-fault driver was on the job when the crash occurred, such as a delivery driver
- The school district
- The municipality
- A drunk driver
- A school bus driver
- A maintenance company that failed to maintain or repair a vehicle or bus adequately
- A parts manufacturer, if the failure of a part or system of a vehicle caused the crash
Can a City, School District, or Government Entity Be Held Responsible?
Yes, in certain cases, an injured party may be entitled to hold a municipality or school district financially accountable. Malfunctioning traffic signals that caused a collision could make the city liable if they were responsible for signal maintenance.
If crosswalks were poorly marked, the governmental entity responsible for those markings could be held accountable. If school officials didn’t post crossing guards at known dangerous crossings, the school district could be held accountable. If any of these governmental bodies received complaints about unsafe conditions, failed to address them, and an accident occurred as a result, those bodies may be responsible for the harm caused by the collision.
What Evidence Is Important in School Zone Crash Cases?
A successful school zone crash case is built on compelling evidence that tells the story of how the crash occurred and how severely the victim was injured. Determining liability in school-zone crashes often involves complex legal issues. Your best option is to hire a knowledgeable attorney to conduct a thorough investigation and gather evidence for you.
The types of evidence that can be used to prove fault and injury in a school zone case include:
- Physical evidence from the scene of the accident
- Digital evidence from nearby traffic cameras, dash cams, and cellphone footage from witnesses
- Pictures of vehicle damage
- Photos of injuries
- Cell phone records proving the suspect, a distracted driver, was talking on the phone or texting
- The at-fault driver’s driving record
- The electronic control module (ECM) data from the other vehicle (the car’s black box data)
- Medical records
- Witness statements from people who saw the accident occur
- Reports from your friends and family about how your injuries have affected your life
- Reports from accident reconstructionists and your doctors
What If a Child Was Injured in a School Zone Crash
If a child is the victim of a school zone crash, a parent, guardian, or other representative must file any resulting lawsuit on behalf of the child.
In California, children are not held to the same behavioral standards as adults. Children under five cannot be found contributorily negligent, as a matter of law. Older children are required to exercise the same amount of care that a reasonably careful child of comparable age, intelligence, experience, and knowledge would use in a similar situation.
A child who contributed to the accident that harmed them could only be found negligent if held to this standard. If the court found them to be negligent, the compensation awarded to the child could be reduced in proportion to the child’s negligence.
What Compensation Can Victims Seek After a School Zone Accident?
When you or a loved one was hurt in a school zone accident caused by someone else, you may be entitled to seek compensation for the following:
- Medical expenses
- Lost wages
- Lost future earning capacity
- Pain and suffering
- Emotional trauma
- PTSD
- Anxiety
- Loss of enjoyment of life
- Loss of consortium
- Future care
How Long Do You Have to File a School Zone Accident Claim in California?
California law allows injury victims two years (2) from the date of a serious accident to file a lawsuit against the negligent party. If you do not file your lawsuit within the time limit set by California law, the court can dismiss the case without a hearing.
The time period allowed for suing a government entity is shorter. Under California Government Code Section 911.2, injured victims have only six months from the date of the accident to file a notice of claim with a government entity.
Having the option to file a lawsuit significantly strengthens your negotiating position. If you miss the deadline for filing suit, you will lose your best bargaining position in negotiations with insurance companies. Without the threat of being sued, insurers are unlikely to increase any settlement offer when the deadline expires.
Talk to Our San Mateo Car Accident Attorneys Today
Having an experienced school-zone pedestrian accident lawyer on your side significantly strengthens your chances of being treated fairly in personal injury cases. We have four decades of experience helping injured people in San Mateo County pursue maximum compensation after being harmed by others’ carelessness or misconduct.
Our lawyers blend compassionate advocacy with aggressive legal strategy. Our record of securing multi-million dollar settlements and awards reflects our extensive experience handling car accident cases. Here’s what one of our former clients had to say at the conclusion of their case:
“Want to share my great experience! Attorney Joshua Henderson and his team did a truly fantastic job. My mother and I were in a serious car accident, and the police faulted both me and the other driver for causing it, which complicated the matter. Despite this obstacle, Mr. Henderson secured a $1.5 million settlement before the Defendant even filed an answer to our lawsuit. His team guided me throughout the process and made sure that I understood what information I needed to provide. The case was completed in a timely manner for both my mother and me. I cannot give a higher recommendation for Mr. Henderson!” – Galyna Tolu
If you or your loved one needed medical treatment after a car accident in a school zone, don’t try to handle your case on your own. Call our law firm at (650) 367-6811 or contact us online today for your free consultation.