Autistic student injured after wheelchair overturns on toms river school bus, lawsuit filed — School Bus - Stock Photo BSP.

A lawsuit filed in Ocean County alleges a non-verbal autistic student was injured when his wheelchair overturned during transportation home from school.

TOMS RIVER — A civil lawsuit filed in Ocean County Superior Court alleges a disabled student suffered head and facial injuries after his wheelchair was not properly secured while being transported home from school. The complaint names Garas Transport Inc., the Toms River Board of Education, Toms River Regional Schools, and other defendants connected to student transportation services.

Key Points

• Lawsuit alleges a wheelchair-bound student was injured during a school bus transportation incident.

• Plaintiffs claim the student’s wheelchair overturned, causing head and facial injuries.

• Defendants are accused of negligence, inadequate training, and failure to provide proper accommodations.

According to the complaint, Timothy J. Vanderpyl, a non-verbal autistic student who uses a wheelchair, was being transported home from Regional Day School on June 22, 2022. The lawsuit alleges transportation personnel failed to properly secure both the student and his wheelchair before an incident involving sudden braking, evasive action, a collision, or another unexpected vehicle movement.

Allegations detailed in lawsuit

Court filings claim the wheelchair overturned during the trip, causing Vanderpyl to be thrown and injured. The complaint alleges he sustained injuries to his head, forehead, face, neck, and other parts of his body, along with emotional distress and psychological trauma.

The suit further alleges transportation personnel failed to immediately summon emergency medical assistance, notify law enforcement, or promptly contact the student’s parents following the incident. Plaintiffs also claim transportation continued despite visible injuries and that the event was not properly documented or investigated.

Claims against transportation providers

Attorneys for the plaintiffs contend the defendants owed a heightened duty of care because they knew the student required specialized accommodations and assistance. The lawsuit alleges failures in hiring, training, supervision, wheelchair securement procedures, emergency response protocols, and transportation safety policies.

In addition to negligence claims, the complaint includes allegations involving the New Jersey Law Against Discrimination, the Americans with Disabilities Act, and the Rehabilitation Act of 1973. The filing also seeks punitive damages and includes derivative claims on behalf of the student’s parents, Nicholas and Meghan Vanderpyl.

Discovery requests seek records

As part of the litigation, the plaintiffs have requested a wide range of records, including bus surveillance footage, GPS and telematics data, personnel files, training records, accident reports, communications related to the incident, and documents concerning wheelchair securement procedures.

The case was filed June 3 in Ocean County Superior Court and has been assigned docket number OCN-L-001632-26. The allegations contained in the complaint have not been proven in court, and the defendants have not yet filed formal responses to the claims.

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