Autistic Boy Injured When Unsecured Wheelchair Overturned On NJ School Bus, Lawsuit Says

TOMS RIVER, NJ — The family of a Toms River boy who was injured when his wheelchair turned over on a bus to school is suing the Toms River Regional Board of Education and a busing company, alleging negligence caused him to be injured.

The child's family says the boy, who is autistic and nonverbal, was injured on June 22, 2022, while he was being transported to his out-of-district placement at Regional Day School in Jackson.

On the way, the bus owned by Garas Transport Inc. "was involved in an incident requiring sudden braking, evasive action, collision, and/or other unexpected movement," according to the lawsuit.

The incident caused the boy's wheelchair to turn over on the bus and he suffered injuries to his head, forehead, face, and body, the lawsuit says.

Afterward, the driver continued to the school in spite of the boy having visible injuries and did not call police or emergency medical assistance, or notify the boy's parents, the lawsuit filed June 3 says. The driver also did not properly document the incident, it says.

The lawsuit alleges the boy's wheelchair was not secured in place as required, and that led to the chair turning over and to the boy's injuries.

The boy now has an increased fear of riding the bus and "experienced significant emotional and behavioral reactions" as a result.

Garas Transport, which is an independent vendor providing the busing service, did not immediately reply to a request for comment on the lawsuit.

"The District does not comment on active litigation matters," Toms River Regional Superintendent Michael Citta said. "The safety of our students, however, remains a paramount concern of Toms River Regional Schools, and we will continue to be vigilant in ensuring students are safely transported to and from school."