CALL 24/7A collision between a school bus and a minivan brought traffic to a halt on Howard Avenue at the E.C. Row Expressway in Windsor, ON on Tuesday afternoon. Police confirmed no children were on board the bus at the time of the crash.
What the News Has Reported About This Incident
According to CTV News Windsor, the collision occurred in the southbound lanes of Howard Avenue at the E.C. Row Expressway on Tuesday, May 12.
Although police confirmed no children were on the bus at the time of the crash, there is no information yet about the severity of either drivers’ injuries.
Howard Avenue was closed for several hours following the collision before reopening. The investigation remains ongoing.
Who Can Be Liable for a Crash Involving a School Bus?
School bus collisions are not treated the same way as a typical two-vehicle crash. Multiple parties may carry legal responsibility, depending on how and why the crash occurred.
Here are some of the parties that investigators and lawyers commonly examine in school bus crash cases:
- The bus driver: If the driver acted carelessly, ran a red light, failed to yield, or was distracted, they may bear personal liability for the crash.
- The school board or bus operator: In Ontario, school boards and private bus operators have a legal duty to hire qualified drivers, maintain their vehicles, and ensure safe operating procedures are followed. A failure in any of these areas can create liability.
- The bus maintenance provider: If a mechanical defect — such as brake failure or a steering issue — contributed to the crash, the party responsible for vehicle maintenance may also face a claim.
- The other driver: In collisions involving another vehicle, the driver of that vehicle may be fully or partially at fault. Ontario’s contributory negligence rules allow fault to be shared between multiple parties.
- The municipality: Poorly maintained roads, missing signage, or unsafe intersection design can also be contributing factors — and municipal liability is worth investigating in those circumstances.
Determining who is responsible takes a thorough investigation. It is rarely as simple as it first appears.
Why Acting Fast Is Critical When Multiple Children Are Hurt in a School Bus Crash
Most people assume that if someone else caused the crash, their insurance will cover everyone’s losses. In Ontario, it is not that simple — and parents need to understand this before it is too late.
When a school bus crash injures multiple people, all of those victims may end up sharing a single insurance policy. That policy has a fixed limit. Think of it like a pizza — there is only so much to go around. The more people who are injured, the smaller each person’s share may be.
How Ontario’s Insurance System Works in These Cases
There are two separate layers of compensation available after a crash in Ontario:
- Statutory Accident Benefits (SABs): Benefits come from your no-fault insurance. This coverage is not shared with other victims and helps cover medical costs, rehabilitation, and income replacement. SABs applies no matter how many people were hurt in the same crash.
- A tort claim against the at-fault party: All injured parties draw from the same liability insurance pool. If that pool is not large enough to fully compensate everyone, each person’s recovery may be reduced.
What Can Help Protect Your Family
Two protections are worth knowing about before you ever need them:
- OPCF 44R — Family Protection Coverage: This is optional add-on coverage. If the bus company’s insurance runs out because too many people are making claims, your OPCF 44R coverage steps in — up to your own policy limits. Don’t know about this coverage? This is why speaking with a lawyer quickly matters.
- Taking early legal action: Injured victims are essentially competing for a fixed pool of money. This means the timing and strength of your claim matters. A knowledgeable lawyer can act quickly to protect your family’s position before funds are exhausted.
This is not a situation where waiting to “see how things unfold” works in your favour. If your child was injured in a Windsor school bus crash involving multiple victims, getting legal advice promptly could make a significant difference to your claim.
You may have questions after a crash and aren’t sure where to get the answers. Call Greg Monforton & Partners — we would be honoured to help you.
What Should Parents Do If Their Child Is Involved in a School Bus Crash?
Even when a crash seems minor, parents should take it seriously. Children do not always communicate pain clearly — and some injuries do not show symptoms right away.
If your child was on a school bus involved in a collision, here is what you should do:
- Seek medical attention immediately: Do not wait to see if your child develops symptoms. Get them assessed by a doctor as soon as possible. A medical record created close to the time of the crash is important if you later pursue a claim.
- Document everything: Do document as soon after the incident your child’s account of what happened. It may help to record it. Be sure to include the date, time, location, and any details your child remembers about what happened. Write it down while it is fresh.
- Request the incident report: Contact the school board or bus operator and ask for a copy of any incident report filed following the crash.
- Photograph any visible injuries: If your child has bruising, cuts, or any other visible injuries, photograph them and date/document the treatment and healing process.
- Speak with a lawyer first: Insurance adjusters may contact you quickly after a crash. Do not give a recorded statement, sign anything, or accept any offer before getting legal advice.
Time matters in these situations. Evidence disappears, memories fade, and Ontario’s limitation periods are strict. Acting quickly protects your child’s rights.
FAQs About School Bus Crashes in Windsor, ON
Can I file a claim on behalf of my injured child in Ontario?
Yes. A parent or guardian can pursue a personal injury claim on behalf of a minor child in Ontario. If the child was harmed due to someone else’s negligence, compensation may be available for medical costs, pain and suffering, and other related losses.
Should I take my child to the ER after a school bus crash if they say they feel fine?
Yes. Children often underreport pain, particularly after a traumatic or confusing event. Some injuries — including concussions, internal injuries, and soft tissue injuries — may not show symptoms immediately. A medical assessment is always the right first step, regardless of how your child appears.
What if my child’s school bus crashes, but no charges are laid against the driver?
A criminal or traffic charge is not required to pursue a civil claim. The legal standards for a personal injury claim are different from those in a criminal case. Your lawyer can assess whether negligence occurred regardless of whether charges are laid.
How long do I have to file a school bus accident claim in Ontario?
In most cases, Ontario’s Limitations Act gives crash victims two years from the date of the incident to file a claim. However, different rules may apply when a child is involved. Speak with a lawyer promptly to find out exactly what deadlines that apply to your situation.
Contact Our Windsor School Bus Accident Lawyers for Legal Help
If your child was hurt — or if you were injured as a driver or passenger in a collision involving a school bus in Windsor, you may have legal options.
At Greg Monforton & Partners, our knowledgeable car crash lawyers in Windsor advocate for injured victims with compassion and determination. We will review your situation honestly and explain your options with no pressure, no cost, and no obligation to move forward.
There are no upfront fees when we represent you. You pay nothing unless we recover compensation for you.
Call Greg Monforton & Partners today for a free and confidential case review. (866) 320-4770
