School will not assist after a student does a hit and run?

by Elizabeth
(Halstead, KS)

My daughter was in the line of traffic (feeder lane) when the school day ended, she was not moving, she was stationery. Another student started backing out and she kept beeping her horn, being that she could not move, but he continued and he ran into the passenger side front bumper. She put the car in park and got out. The guy that hit her car said, "Sorry" and left the scene.

She has front end damage. We contacted police and had them do a report, they had to go to the school to get other party's info. While my daughter was at school, the bully and her best friend (who have been bullying my daughter from the first day of school) started telling everyone that it was her fault, not the driver backing out.

She was instructed by the Police Dept not to discuss it at school, so my daughter went to the Principal and asked that he intervene to prevent any obstruction of justice. We had contacted him after the accident happened and he refused to help at that time also.

He stated that it is not his problem or his job to deal with this accident. This occurred on School Property. I thought they are supposed to keep students safe? This happened and she is being tormented for an accident that she did not cause and the school refuses to shut this obstruction down? What is their "JOB" as a school district/principal? Thank you.

Visitor Question:
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ANSWER for "School will not assist after a student does a hit and run?":

Elizabeth (Halstead, KS):

Schools have a legal duty to do everything reasonably possible to make the school premises safe for students, faculty, and others who are legally upon the premises.

From the facts you present, the issue of liability does not seem to apply in this case. The school had nothing to do with the collision. The collision was between your daughter and the other driver. Moreover, no one was injured.

"Obstruction of justice" refers to criminal law enforcement investigations. When a person knows, or should know a criminal investigation is taking place, that person can not do anything to impede or obstruct the investigation. In your daughter's case, no criminal investigation appears to be ongoing.

The interest of your daughter would be best served by turning the matter over to her auto insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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