Louisville, KY asked in Car Accidents, Education Law, Juvenile Law and Wrongful Death for Indiana

Q: My 17 yr old son was convinced to move from his residence with his dad and nana in Kentucky to live with his girlfriend

& her family in Indiana. My son's father signed over educational guardianship to the girlfriend's grandma, as it was her property they had moved to. The same school initially told my son the school was his district based on his address. A week later they received records from the prior school & his schedule and had him start. They told him he would get his bus route that first day. That day they informed him there was no busses to his house and basically figure out how u getting home. I called the school and call never returned. So he just decided to ride his bike home from school, as the guardian refused to do anything for him. He was struck and killed on his way home from school exactly 1 wk after starting, his 3rd time biking home, on curvy country rd. Can the grandma be considered accountable for transport pertaining to school? Does the school have responsibility to put him on the bus closet to him, which was a few houses from his house, and also almost exactly where he died?

1 Lawyer Answer

A: Your son's death was a terrible tragedy. That said, there is something wrong with the facts. "There are no buses to your home" CANNOT be reconciled with a bus stop a few houses down. Either way, his custodian (the girlfriend's grandma) is NOT responsible for his death.

There may still be a Wrongful Death action against the driver who hit him. Again, a terrible tragedy.

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