School bus accidents, who is responsible

Because school buses are provided by schools or kindergartens, the school or kindergarten shall be responsible for injuries to students or car accidents caused by the school's failure to fulfill its educational and management duties. If the school bus driver is not intentional or grossly negligent, and infringes on the tort due to his duties, the tort liability shall be borne by the school.

Legal basis] Article 38 of the Tort Liability Law stipulates that if a person without civil capacity suffers personal injury during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that he has fulfilled his educational and management duties, he shall not be liable.

At present, the laws and regulations that can be applied to school bus accidents in China mainly include Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases and Articles 38, 39 and 40 of the Tort Liability Law. Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Personal Injuries stipulates that if a school, kindergarten or other educational institution that has the obligation to educate, manage, or protect minors in accordance with the law fails to perform its relevant obligations within the scope of its duties, causing personal injury to minors, or minors causing personal injury to others, it shall bear the liability for compensation corresponding to its fault.

Articles 38 and 39 of the Tort Liability Law further divide different principles of attribution according to the age of the students. Article 38 is aimed at persons who lack capacity for civil conduct, and for personal injuries that occur to children at this age, the law correspondingly increases the responsibility of kindergartens and schools to take care of them, and applies the principle of presumption of fault. That is, if a person without capacity for civil conduct suffers personal injury during the period of study or life in kindergartens, schools or other educational institutions, the kindergartens, schools or other educational institutions shall be liable, but those who can prove that they have fulfilled their educational or management duties shall not be liable.

In other words, if a child who lacks the capacity for civil conduct suffers personal injury, and the kindergarten and school have no evidence to prove that they have fulfilled their educational and management duties, they should be held liable. Article 39 is aimed at situations where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the general principle of fault applies to that situation, that is, where a school or other educational institution fails to perform its educational or management duties, it shall be liable.

1. Who is responsible for a school bus accident?

1. If a school bus is involved in a car accident, the relevant educational institution shall be held responsible. Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability.

2. Legal basis: Article 60 of the Provisions on Procedures for Handling Road Traffic Accidents.

The traffic management department of the public security organ shall determine the responsibility of the party according to the role of the party's behavior in the occurrence of road traffic accidents and the severity of the fault.

1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party;

2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault;

3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, none of the parties is liable.

If one party intentionally causes a road traffic accident, the other party is not liable.

2. How to protect the rights of the traffic accident insurance company if it refuses to pay compensation for no reason.

1. The insurance company and the insured shall first resolve the dispute by themselves in accordance with the relevant laws and regulations and the terms of the contract;

2. If the negotiation fails, a complaint can be filed, and the CBIRC will order the insurance company to deal with and give feedback as soon as possible after receiving the complaint;

3. If the negotiation complaint is not accepted, it can enter the arbitration link;

4. If the insured or beneficiary fails to make a claim to the insurance company, he or she usually chooses to appoint a lawyer and file a lawsuit with the people's court to require the insurance company to fulfill its obligations under the insurance contract.