For many Maryland parents, the thought of having their child injured on a bus ride to school is terrifying. Even for those children who are too young to ride the bus to school, however, the risk of being injured in a car accident is still present.

One Maryland family recently experienced the worst of both worlds when their car was struck by a school bus, causing car seat injuries to a toddler riding in the car. The accident occurred during the morning commute after the driver of the car turned left in front of the bus prior to the accident.

The driver's one-year-old daughter was hurt in the crash, despite being in a child seat at the time. It was unclear the extent of her injuries, although the child was taken to the hospital.

Typically, to recover for child injury, an individual must prove that the other driver was negligent, as is the case in crashes involving adults. While liability may be the same, however, there may be different types of damages available when children are injured.

For example, in addition to the damages the child may be able to recover for pain and suffering and medical expenses, the parent may be able to recover damages based on the loss of consortium of the child. These damages exist when the child's injuries are such that they interfere with the parent-child relationship. This is similar to the type of damages available for an individual who suffers the loss of consortium of his or her spouse.

Ultimately, whether dealing with liability or damages, individuals should consult a qualified attorney to determine how to proceed on a personal injury claim. While the injuries to children can be tragic, a personal injury suit can be a step forward in helping the child and loved ones obtain relief for the injuries.

With Winter upon us, drivers around Maryland and around the country are bracing for another season of treacherous driving and dangerous road conditions. However, regardless of whether the road conditions are safe or not, individuals may be involved in an auto accident when they least suspect it.

Recently, for example, a group of teachers were traveling in a charter bus on the Maryland Interstate when the bus driver lost control of the vehicle. Initial reports from the scene indicated the bus driver had passed out or fell asleep while driving, causing the bus to run up an embankment and then go back onto the roadway.

Of the 48 passengers on the bus, 10 were taken to hospitals for injury they sustained in the crash, including at least one with serious injury. Other passengers recounted the incident, which occurred when the bus drifted back and forth off the roadway until coming to a stop along the shoulder.

An accident investigation is currently underway to determine whether the accident happened due to the negligent driver. While police believed the officer may have fallen asleep, they were still investigating the bus for any mechanical issues that could have contributed to the accident.

The distinction between whether the driver fell asleep or whether mechanical issues were to blame is critical in any personal injury suit arising from the accident. In a negligence suit, injured persons must show the driver owed a duty of care, breached that duty of care, which caused and accident and injured the plaintiff.

Accordingly, if mechanical issues caused the accident, a person may not be able to meet one essential element of the case. Negligent driving could still be another cause of the accident, however. Indeed, in the above case, the bus driver was cited for operating a motor vehicle while fatigued and negligent driving.

Therefore, even if mechanical issues would be found, injured persons might still have a successful negligence case against the driver based on his negligent driving. Ultimately, the matter may turn on legal issues of causation, which a qualified attorney can better explain to those affected.