Can I Sue for a School Bus Accident?

Written by Funk & Associates Personal Injury Lawyers 

Parents should not have to worry about their children when sending them off to school on a school bus. 

Austin drivers (who are already on high alert) shouldn’t have to worry about sharing the roads with a school bus.

But negligence on the part of a bus driver, a school bus services provider, or the school district itself can lead to severe injuries or, tragically, death.

A school bus crash in Chattanooga, Tennessee took the lives of six children and injured many more after the bus driver turned into a curve while speeding, resulting in a collision with a utility pole and a tree. The driver had been involved in three prior bus crashes before the fatal incident. 

Closer to home, a school bus in Houston plunged from an overpass, killing two students.

Although they aren’t as common as other types of car accidents, accidents involving school buses killed 108 people nationwide in 2021. That was up 50 percent compared to the pandemic-related low number of 54 deaths in 2020, according to National Safety Council (NSC).

 Most of the victims were in other vehicles, but some were pedestrians, bicyclists, or occupants of the school bus itself (driver or passengers).

If you or a loved one has been the victim of a bus accident and suffered injuries, you might still be suffering from the trauma and aftermath of the crash. But you need to protect yourself.

Let’s take a look at what your “next steps” should be …

Steps to Take After a School Bus Accident

After a bus accident, you will need to make sure that you, your family and other victims get any necessary medical attention on the scene.

The next step will be to document the incident. Take pictures of the scene, injuries and damage so you can document what happened. Collect witness contact information as well. 

Next, go to a doctor to address any injuries that may be long-term. Remember, symptoms of school bus accidents can take days or weeks to be apparent.

Next, you will need to consult with an experienced personal injury lawyer who has a strong track record of handling school bus accident cases. A delay could seriously harm your case, so you will need to call someone quickly. 

Laws Related to School Bus Accidents

Across the nation, more than 20 million students take a school bus daily. Usually they do so without incident, but accidents can happen. 

Newly purchased school buses in Texas must have three-point seat belts for all riders under a state law. But older buses don’t always have seat belts. And even when a bus has seat belts, it’s difficult for the driver to make sure everyone on board is wearing them.

Advocates for seat-belt installation insist that children would be safer if they were restrained in the bus. Opponents cite cost factors and feel that the bulk of the bus sufficiently protects the occupants.

That may be true, but in the event of a crash, kids who aren’t restrained may suffer serious injury. These can range from bumps and bruises to concussions and broken bones. 

Bus companies and their drivers have specific legal responsibilities they must follow. If they failed to comply with proper safety regulations, they could be held responsible for negligence, whether the injured party was a child riding the bus or another driver injured as a result of an accident caused by a school bus.

The statute of limitations governing all Texas bus accident cases requires that injured passengers file a lawsuit within two years of a crash involving government-owned buses. Texas law also requires that injured passengers file notice of their intent to sue and dependent on the city within Texas, can range from 45 days to 6 months of a specific notice given to the specific entity in the city/county/state. Bus accident victims who fail to provide notice within the specific time frame forfeit all rights to sue.

Sound complicated?

Indeed, it is NOT wise to handle a potential claim arising from an injury on a school bus in Texas without legal counsel. You need legal counsel that has experience in claims against city, state and local governments in Texas. 

 

Can I Sue The School If My Child Was Injured On A School Bus?

It’s heartbreaking to learn that a child had been injured on a school bus. Parents want to know if they can hold the school bus driver or the school district liable. 

The answer to that question is “yes.” 

However, a case involving a school bus is an inherently complicated affair. We’re dealing with a concept that we call sovereign immunity, a legal doctrine passed down from England. This doctrine states the “sovereign” (in our case, the Texas government) cannot be sued or held accountable except for things that the government agrees to be held accountable for. 

Sovereign immunity protects divisions of state government (including school districts) from lawsuits for damages. Sovereign immunity gives schools immunity from lawsuits and immunity from liability.

That said, claims CAN  be brought based on injuries on school buses. The extent of that, though, is going to depend on a few factors:

• What was the cause of the injuries?
• Was it a crash? 
• Was the school bus driver negligent in some way? 
• Did the crash involve a third party? 
• Was the injury caused by the wreck or was it a pre-existing injury? 

It’s only through competent counsel with experience in personal injury litigation commercial vehicle litigation that your claim will be handled correctly.

Avoiding School Bus Accidents

While most drivers realize they need to stop for a school bus, people do not always follow the laws. This can result in tragedy for children and others on the road. 

You can’t do much about a negligent school bus driver. But as a parent, you should keep in mind a few safety tips related to school buses.

• Your child should stay on the sidewalk and away from the bus.
• Your child should not approach the bus until it stops completely and the driver motions the child to enter.
• When exiting the bus, the child should walk away from the bus so the driver can maintain visual contact.
• Your child should hold onto the rails to get in and out of the bus.
• Your child should pay attention to traffic.
• If you see the bus driver behaving in a negligent or reckless manner, notify the school district immediately and NEVER put your kid on that bus. 

Have You Or Your Child Been Injured In An Accident Involving A School Bus?

After a school bus accident, you need someone dependable in your corner. Someone to guide you through your case every step of the way. 

The attorneys at Funk and Associates  will be fierce advocates for you and stand up to the liable party to hold them accountable. We will take care of everything so that you can focus on yourself and your family and your recovery. Please reach out to us at 512-472-FUNK  for your free consultation today.