STATISTICS

Between 2007 and 2016, there have been 1,282 people killed in school-transportation-related crashes—an average of 128 fatalities per year. Occupants of school transportation vehicles accounted for 9 percent of the fatalities, and non-occupants (pedestrians, bicyclists, etc.) accounted for 20 percent of the fatalities. Most (70%) of the people who lost their lives in these crashes were occupants of other vehicles involved.

A school bus-related crash is defined by NHTSA as any crash in which a vehicle, regardless of body design, used as a school bus is directly or indirectly involved. This includes incidents involving school children getting in or out of a vehicle. From 2012 to 2021, about 70% of the deaths in school bus-related crashes were occupants of vehicles other than the school bus, and 16% were pedestrians. About 5% were school bus passengers, 5% were school bus drivers, and 3% were pedalcyclists. Of the people injured in school bus-related crashes from 2012 to 2021, about 30% were school bus passengers, 9% were school bus drivers, and 53% were occupants of other vehicles. The remainder were pedestrians, pedal-cyclists, and other or unknown.

MOTOR VEHICLE SAFETY NEAR BUSES

Illegal school bus passing poses a significant threat to children and others on the road. In every state, it is illegal for you to pass a school bus while the stop-arm is extended and the red lights are flashing. Yellow flashing lights indicate the bus is preparing to stop to load or unload children. You should slow down and prepare to stop your vehicle. Red flashing lights and extended stop arms indicate the bus has stopped and children are getting on or off. You must stop your car and wait until the red lights stop flashing, the extended stop-arm is withdrawn, and the bus begins moving, before you can start driving again.

STUDENT SAFETY AT BUS STOPS

Your child should never walk behind a school bus. If your child must cross the street in front of the bus, tell them to walk on a sidewalk or along the side of the street to a place at least ten feet — five giant steps — in front of the bus before crossing. Your child should also make eye contact with the bus driver before crossing to make sure the driver can see that they’re crossing to avoid the danger zone. If your child drops something near the school bus, like a phone or book, the safest thing is for your child to tell the bus driver right away. Your child should not try to pick up the item, because the driver might not be able to see them.

LIABILITY FOR SCHOOL TRANSPORTATION ACCIDENTS

School districts and other governmental entities are protected from lawsuits by a legal doctrine known as “sovereign immunity.” Neither the school district nor its employees can be sued unless the district waives its sovereign immunity. This is why an insurance claim is the best way to recover money after a school bus accident. Many school districts, including Atlanta, carry insurance to cover school bus accident injuries. Also, if another driver caused the accident or if your child was being transported in a privately-owned bus, you may be able to sue the other driver or the bus company. School districts and private schools may own their own buses, but they may also contract with private bus companies to provide daily transportation or to take children on field trips or to sporting events. 

Some of the most common causes and parties at fault in bus accidents include: (1) bus driver negligence; (2) equipment failure or defect; and (3) motor vehicle driver negligence. A bus driver can be negligent if he/she becomes distracted, is impaired while driving the bus, fails to obey traffic signs and laws, or drives the bus recklessly in light of weather and road conditions. Equipment can malfunction for many reasons, including the failure to properly maintain it, or a defective or worn out part. Other drivers on the road can and do cause accidents, either by not obeying traffic laws while near school buses, or by becoming distracted or negligent themselves.  

Pedestrians—whether they be students, parents or passersby—near school bus stops have the same legal rights as passengers on the bus or in a motor vehicle. If a pedestrian is injured while getting on or off the bus, crossing the street or waiting on the sidewalk, they can recover the costs of their injuries, including medical care, lost wages, and pain and suffering.

CONTACT YOUR ATTORNEY

If you or someone you know has been injured in a school bus transportation related accident, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your legal rights.