Every school day, millions of parents nationwide place their trust in school buses to safely transport their children. While school buses are statistically one of the safest forms of transportation for children going to and from school, accidents still occur, and children can be seriously injured. For parents, knowing what legal rights and options exist after a school bus accident results in child injuries is important.
Why School Bus Accidents Are Different from Other Vehicle Accidents
A school bus accident is not the same as a typical car crash. The presence of children raises unique safety concerns, and the legal process that follows can be far more complicated, especially because minors are typically not allowed to represent themselves in civil injury claims. Unlike a standard collision between two drivers, responsibility for a school bus accident can extend to multiple parties, including schools, bus companies, and manufacturers. Additionally, laws governing school transportation are often stricter than those applying to other vehicles.
Common Causes of School Bus Accidents
Many factors can contribute to a school bus accident, but some of the most frequent causes include:
- Driver error – Speeding, distracted driving, fatigue, or failing to follow traffic laws.
- Poor bus maintenance – Neglected brakes, tires, or steering systems that lead to mechanical failures.
- Negligence by other drivers – Cars illegally passing stopped school buses or cutting too closely into bus lanes.
- Unsafe bus stop locations – Children placed in danger due to poorly designed or inadequately supervised loading and unloading zones.
Possible Liable Parties in a School Bus Accident Claim
Determining liability in a school bus accident is rarely straightforward. In some situations, the school or municipality in charge of the school could even have greater immunity to liability than the average person, adding to complications. To figure out who is liable for a school bus accident, most parents turn to an injury attorney for counsel and representation.
Depending on the circumstances, liability may fall on one or more of the following:
- The bus driver – If their negligence, distraction, or impairment contributed to the accident; although, bus driver negligence usually transfers liability upward to their employer.
- The school district or private bus company – For failing to properly hire, train, or supervise drivers, or for neglecting maintenance.
- Other motorists – If a reckless or negligent driver caused the collision.
- Bus or parts manufacturers – When defective equipment or design flaws play a role in the accident.
Legal Rights and Options for Parents After a School Bus Accident
Parents have important rights if their child is injured in a school bus accident. Understanding and utilizing those rights is a necessary step to use legal action. Again, by working with an attorney, parents can more easily understand their legal options from the beginning.
If your child was injured in a school bus accident, your most important rights include:
- The right to demand compensation for the harm and losses your child and family have suffered due to the school bus accident.
- The right to hire a private attorney to represent you throughout your case.
However, a right that parents do not automatically have is the right to see school district documents regarding school bus maintenance and services. The Family Educational Rights and Privacy Act (FERPA) allows parents to gain access to student-specific internal documents, but this act is generally not interpreted to include school bus-related information. To get such information, an experienced attorney could explore different avenues, up to seeking a subpoena to request those documents.
Unique Challenges in School Bus Accident Cases
School bus accident claims often prove to be far more complicated than a standard car crash case. Parents may expect a straightforward process, but in reality, these claims involve layers of legal and factual issues that require in-depth knowledge of the law.
Some of the biggest challenges in school bus accident claims include:
- Multiple defendants: Unlike a typical accident where one driver is at fault, school bus cases often involve several potentially responsible parties. A claim might need to be brought against the bus driver, the school district, a private bus company contracted by the district, other motorists, or even the manufacturer of a defective bus part. Sorting out who is legally responsible requires extensive investigation.
- Governmental immunity: When a public school district is involved, families may face legal protections that shield government entities from certain lawsuits. While it’s sometimes possible to pursue a claim, strict notice requirements and deadlines apply.
- Complex evidence and expert testimony: School bus accident cases often require testimony from a range of experts. Accident reconstruction specialists may be needed to show how the crash happened, medical experts can explain the extent of the child’s injuries, and economic or vocational experts may be necessary to project long-term costs of treatment.
- Emotional sensitivity: Because children are the primary victims in school bus accidents, these cases are emotionally charged. Insurance companies and school districts may fight to minimize their liability, while parents want accountability and justice for their child. Balancing the emotional realities with the technical demands of litigation can be overwhelming for families who aren’t represented by a lawyer.
- Higher stakes and greater resistance: Injuries to children often involve long-term medical care, rehabilitation, and emotional trauma. Because the potential compensation can be significant, defendants typically mount aggressive defenses.
Together, these factors make school bus accident cases uniquely challenging. Parents who try to handle them without skilled legal guidance often find the process confusing, intimidating, and stacked against them.
Come to Hilliard Law With Your Texas School Bus Accident Claim
At Hilliard Law, our trial attorneys know how to fully handle the challenges of school bus accident claims. Our team has experience holding negligent drivers and public entities accountable when children are harmed through negligence, such as after a bus crash. We can work with families to uncover the truth, prepare a client’s case, and pursue the compensation needed to cover medical bills, future care, and the emotional toll of an accident.
If your child has been injured in a school bus accident in Texas, know that we’re here to help you however we can. Contact us online or call (866) 927-3420 today and request a free case consultation.