Back-to-School Safety: Who’s Liable in School Zone and School Bus Accidents?

Alabama traffic changes when school is in session. School buses that make frequent stops fill the roads. Traffic slows down, and drivers of all stripes must contend with youngsters walking, biking, and behaving unpredictably in school zones. Sometimes, this doesn’t go well. In 2024 alone, there were 110 fatalities nationwide in traffic crashes related to school transportation.

School zone and school bus accident liability usually comes down to negligent behavior. Much of the time, it’s motorists who cause injuries and fatalities by speeding, ignoring bus stop arms, or otherwise not watching out for children and the adults with them. If you or a loved one has been hurt in this type of accident, identifying liability is an important step to pursuing compensation.

Why are car drivers often liable in school transportation accidents?

Around buses and in school zones, motorists may drive while distracted (for example, by using their phones). Many drivers also speed, run stop signs, drive under the influence, or fail to yield at crosswalks.

Why other people may share school zone and bus accident liability, too

Thorough investigations may reveal other liable parties.

• School bus driver: Perhaps the bus driver didn’t load or unload children properly, drove the bus dangerously, or otherwise violated safety principles.
• School district, local government, or employee: Depending on immunity rules and the entity involved, liability may involve a school district employee, local government, and/or applicable insurance coverage for school bus driver negligence, failure to maintain school buses, poorly designed school zones, unsafe school zone conditions, and/or missing traffic signs/signals.
• Commercial driver: This could apply if the motorist was a delivery person, contractor, or otherwise on business.
• Commercial driver’s employer: If an employee causes an accident while doing job duties, the employer may share liability.

No matter who is liable, you need evidence to prove liability and get compensation. For example, traffic cameras could show that an involved vehicle was speeding, or the at-fault driver’s phone records could show cellphone use at or just before the time of the accident.

Medical records of the person injured should offer insight into the damage done, and statements from the injured person, loved ones, teachers, therapists, and others can indicate the emotional, mental, and physical toll taken.

Can the driver be liable for hurting your child’s future?

Yes. Motorists who cause accidents can be responsible for current as well as future damages. With children, future impacts may be even more profound, as an accident may affect their development, education, career opportunities, and much more. Damages may be available for:

• Medical expenses
• Future medical needs
• Pain and suffering
• Emotional distress
• Permanent disability
• Reduced earning capacity or loss of future earning potential

Your personal injury lawyer can work with economic, vocational, and medical experts to calculate how the injuries affected your child’s future ability to earn money.

What school bus zone laws can help identify liability?

Several Alabama laws focus on reducing motorist distraction for the sake of schoolchildren. These laws can help clarify liability in accidents.

Stopping for school buses

Motorists must stop for a stopped school bus with flashing red lights or an extended stop arm, unless they’re traveling in the opposite direction on a divided highway with four or more lanes.

Why it matters: Children often cross the roads after they get off the bus. A protective zone helps keep them safe. Unfortunately, drivers may ignore a bus’s flashing red lights or extended arm, passing the bus or getting too close to it. Impatient, distracted, or intoxicated drivers may also speed through bus-loading areas or go around roadway traffic that has stopped due to a bus.

Lowering speed in school zones

Motorists should respect the posted school zone speed limit, often 15 mph, when children are present or during school hours.

Why it matters: Motorists going more slowly have more time to scan their surroundings and react if they see something. Children are small (harder to see) and can dart suddenly or unexpectedly from cars, trees, or other places. A driver who is speeding is more likely to hit a child and cause worse injuries than one following the posted speed limit.

Not passing in school zones

Drivers in school zones shouldn’t pass other vehicles where signs or markings prohibit passing, or when a vehicle has stopped for a pedestrian at a crosswalk.

Why it matters: If a car is stopped near a crosswalk and another motorist tries to get around it, the driver risks injuring a person who they may not have seen crossing. When cars pass, children also become less visible to them, and motorists have less time to react to various risks.

Practicing patience at crosswalks

If a child is in a crosswalk, vehicular traffic should yield or stop as needed until it is safe to proceed.

Why it matters: Crosswalks should be protective zones for children, especially because they may not be able to gauge how fast a car is going or might expect a driver to always stop. Children also might simply forget to check whether cars are coming before crossing, whether they’re young kids or teens on their phones.

Courts don’t expect kids to appreciate all traffic risks, and the reality is that children have little, if any, protection if they’re hit. They may be dealing with a lifetime of surgeries, medical care, trauma, and long-term support.

What should you do after an accident?

To protect your rights and prove school zone or school bus accident liability, ensure that your child is checked out by a medical professional. Even if the injuries are mild or there seem to be no injuries at all, bring your child to their doctor as the medical picture could change suddenly. Waiting too long to seek care gives other parties time to argue that something else caused the injuries, so prompt action is imperative.

Do the same if it’s you rather than a child who has been injured. The adults with children are at risk around buses and in school zones too.

• Follow treatment recommendations so it can’t be argued that ignoring medical advice worsened the injuries.
• Consult with personal injury attorneys as soon as possible. You may have more avenues for compensation than you realize, but the evidence may not last forever.
• Keep photos, medical records, and other documents relating to the accident.

Other parties’ insurance companies may try to get you to talk to them. Consult with a lawyer before doing this. Otherwise, you may end up making confusing or contradictory statements on the record that ultimately hurt your case.

Find out more about school zone or school bus accident liability

Children and adults are not always safe in school zones or around school buses. An accident can change your family’s life in an instant. To learn more about liability and compensation, contact Prince Glover Hayes today.