Earlier this month, an appellate court in Delaware issued an opinion in a personal injury case brought by the family of a young girl who was struck by a car while she was about to board her school bus. The case presented the court with an interesting question: whether the school bus’ insurance company could be responsible for the girl’s injuries when the bus driver was not at all involved in the physical collision, but he told the girl to board the bus moments before she was struck.
State Farm Mutual Automobile Insurance Co. v. Buckley
The plaintiff was a young girl who was waiting at the bus stop on her way to school. The bus arrived, and the driver signaled for the girl to board the bus. However, as she was about to board, another car – the driver of which is not named in this lawsuit – struck the girl, causing her serious injuries. This case involves the claim made by the girl against the company that insured the school bus.
The defendant claimed that the insurance policy should not be triggered because there was no accident involving the school bus. On the other hand, the plaintiff argued that the young student was merely following the school bus driver’s instructions when she boarded, and this fits within the definition of an accident under state law.