How can I prove that the school board was negligent in my accident?
When it comes to proving that the school board was negligent in a school bus accident, the burden of proof lies with the injured party. In the state of Massachusetts, proving negligence in a personal injury case is based on a concept known as “negligence per se.” This means that a plaintiff must show that the duty of care owed by the defendant was breached, and that the breach was the proximate cause of their injury or losses. In a school bus accident, this could include demonstrating that the school board had failed to maintain the bus in a safe working condition, or that they had failed to adequately supervise the driver. Additionally, the plaintiff might be able to show that the driver was not fit for duty based on intoxication, fatigue or distracted driving. The plaintiff should be prepared to provide evidence of the breach and the resulting injury or damages they suffered. The plaintiff should also be prepared to prove that the negligence of the school board was a “substantial factor” in their injury. This means that the negligence must have been a direct cause of the injury, rather than just a partial or minor factor. In order to build a strong case for negligence, it is important for the plaintiff to obtain evidence from the accident site and any eyewitnesses. Evidence such as the police report, school bus logs, maintenance records and any video footage may be useful in demonstrating the school board’s negligence. The plaintiff may also be able to obtain expert testimony to bolster their side of the case. Ultimately, the strength of the plaintiff’s case will depend on the evidence they are able to gather and present.
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