It’s every parent’s worst nightmare: receiving a call that your child has been injured in a school bus accident. While school buses are designed with safety in mind and backed by decades of research, accidents still occur, leaving families grappling with medical bills, emotional trauma, and questions about accountability. In California, where busy roads and […] The post School Bus Accidents: Who is Liable for My Child’s Injuries in California? appeared first on Sally Morin Law.
It’s every parent’s worst nightmare: receiving a call that your child has been injured in a school bus accident. While school buses are designed with safety in mind and backed by decades of research, accidents still occur, leaving families grappling with medical bills, emotional trauma, and questions about accountability. In California, where busy roads and school zones intersect daily, understanding liability is crucial for seeking justice and compensation.
As experienced bus accidents lawyers, we at Sally Morin Personal Injury Lawyers know the complexities involved. Parents often ask, “Is the school at fault? What about the bus driver?” or even “What happens if a school bus hits your car?” Below, we’ll dive deep into the causes, liability factors, and steps to protect your rights. Whether your child was a passenger, a pedestrian, or involved in a collision with another vehicle, this guide provides the comprehensive information you need to navigate the aftermath.
Why Do School Bus Accidents Happen?
School buses remain one of the safest modes of transportation for children. According to the National Highway Traffic Safety Administration (NHTSA), a child is about 70 times safer on a school bus than in a family car. The fatality rate for school buses is just 0.2 per 100 million vehicle miles traveled (VMT), compared to 1.5 for passenger cars. Nationwide, school bus-related crashes resulted in 128 fatalities in 2023, up from 104 in 2022. In California specifically, there were 37 fatal school bus crashes between 2013 and 2022, contributing to 39 deaths.
Despite these strong safety records, accidents happen—often due to factors beyond the bus driver’s control. Most incidents involve other motorists rather than the bus itself. For instance, pedestrian accidents near buses are common, with children hit while crossing to board or alight. On-board crashes, however, are frequently caused by external drivers colliding with the bus.
Common Causes of School Bus Accidents
Understanding the root causes can help prevent future incidents and strengthen your case if negligence is involved. Based on NHTSA data and California-specific reports, here are the most prevalent factors:
- Distracted Driving: This tops the list, accounting for a significant portion of crashes. Drivers using phones, navigation, or other distractions often fail to notice stopped buses or flashing lights. In school zones, where speeds should be reduced, distractions can be deadly. Interestingly, queries like “can a bus driver take your phone” highlight concerns about distractions inside the bus—bus drivers are prohibited from using handheld devices while driving under California Vehicle Code Section 23123, but passenger distractions (e.g., rowdy kids) can still play a role.
- Speeding and Reckless Driving: Ignoring school zone speed limits (typically 25 mph in California) or aggressive maneuvers like illegal passing contribute to many collisions. Drivers who speed through areas with stopped buses risk hitting children or causing rear-end accidents.
- Ignoring Traffic Laws: Failing to stop for extended stop arms or red flashing lights is a major issue. California law requires drivers to stop when these signals are active, with violations leading to fines up to $1,000 and license points.
- Bad Weather and Poor Road Conditions: Rain, fog, or poorly maintained roads in California’s diverse climates can exacerbate risks. Slippery conditions in areas like the Bay Area or Southern California highways increase stopping distances.
- Bus Maintenance and Manufacturing Issues: Faulty brakes, tires, or wiring from inadequate upkeep or defects can lead to accidents. School districts must adhere to strict maintenance schedules under California Education Code.
- Driver Fatigue or Impairment: Bus drivers work long hours, and fatigue is a hidden danger. Impaired driving, though rare for professional drivers, can occur.
- Other Motorists’ Negligence: Most school bus accidents are caused by other vehicles hitting the bus, such as side-swipes or rear-ends during loading/unloading.
These causes underscore the need for vigilance from all road users. If your child’s accident stemmed from any of these, consulting bus accidents lawyers early can help gather evidence like maintenance logs or witness statements.
What Happens If a School Bus Hits Your Car?
One common search query we see is “what happens if a school bus hits your car?” In California, the process differs from a standard car accident due to potential government involvement. Here’s a breakdown:
- Immediate Aftermath: Safety first—pull over if possible, check for injuries, and call 911. Exchange information with the bus driver, including their employer (school district or contractor). Document the scene with photos of damage, road conditions, and any witnesses.
- Liability Determination: School buses are often operated by public entities, so claims fall under the California Government Claims Act. You must file a claim with the school district or city within six months (Government Code Section 911.2). If the bus driver was at fault (e.g., due to speeding or distraction), the district may be vicariously liable.
- Insurance and Compensation: Public buses carry substantial insurance, but sovereign immunity limits lawsuits unless negligence is proven. You could recover for vehicle repairs, medical bills, lost wages, and pain. If denied, you have six months to sue after rejection.
- Complications: If the bus is privately contracted, standard auto insurance rules apply. In either case, comparative negligence might reduce your award if you shared fault.
Real-world examples show these crashes often result in totaled vehicles due to the bus’s size. For instance, if parked legally and hit, the district’s insurance typically covers repairs without your deductible. Always consult bus accidents lawyers to navigate deadlines and maximize recovery.
Liability in a California School Bus Accident
Assigning blame isn’t always straightforward—multiple parties could share responsibility under California’s pure comparative negligence rules (Civil Code Section 1714). Parents are often surprised that the school isn’t solely liable, even though they’re entrusted with child safety. Here’s who might be accountable:
- Another Driver: Often the primary culprit. A negligent motorist (distracted, speeding, or impaired) hitting the bus could be fully liable. They might deflect blame to the district, so strong evidence is key.
- The School District: Districts must ensure safe transport, including background checks, training, and maintenance (California Education Code Sections 39800-39860). Negligence here, like skipping repairs, makes them liable. Claims against public entities have strict timelines—file within six months.
- An Outside Driver Agency: Many districts outsource to private firms. If the driver is their employee, the company could face liability for poor hiring or training.
- The Bus Maintenance Company: Whether in-house or contracted, failure to inspect (e.g., brakes or tires) constitutes negligence. Your lawyer can subpoena records to prove this.
- School Bus Manufacturer: Defects like faulty steering (under California’s lemon laws or product liability statutes) shift blame to the maker. Investigations might reveal recalls or design flaws.
- Government Agency: Missing school zone signs or crumbling roads fall on local municipalities. These cases have even shorter deadlines—often 180 days to file a claim.
In complex scenarios, multiple parties share fault, allowing you to pursue compensation proportionally. At Sally Morin Personal Injury Lawyers, we specialize in identifying all liable entities to maximize your recovery.
Steps to Take After a School Bus Accident
Acting quickly preserves evidence and protects your claim. Follow these steps:
- Ensure Safety and Call for Help: Secure the scene, activate hazards, and call 911. Check for injuries and render aid if safe.
- Document Everything: Take photos of the bus, vehicles, injuries, and surroundings. Note weather, time, and witnesses. Get the bus driver’s info and police report number.
- Seek Medical Attention: Even minor injuries can worsen. Get evaluated immediately—delays hurt your case.
- Notify Relevant Parties: Inform the school district and your insurance. If your child was injured, request incident reports.
- Gather Evidence: Collect medical records, repair estimates, and witness statements. Avoid discussing fault with insurers.
- File a Claim: For public entities, submit a government claim form promptly. Private cases go through insurance.
- Consult Bus Accidents Lawyers: Don’t settle without advice. We can negotiate and litigate if needed.
Following these steps can strengthen your position for compensation covering medical costs, lost wages, and emotional distress.
Frequently Asked Questions (FAQ) About School Bus Accidents
Here are answers to common queries based on California law and real cases:
Proven Success: Our Track Record in Similar Cases
At Sally Morin Personal Injury Lawyers, we’ve secured significant settlements for clients in pedestrian and bus-related accidents, demonstrating our expertise. For example, in a recent case, we achieved a $100,000 settlement for a pedestrian hit in a crosswalk by a negligent driver. The client suffered severe wrist fractures requiring surgery with metal plates and screws, leading to medical bills, lost wages, and ongoing pain. We confirmed full liability, negotiated lien reductions, and ensured all bills were covered—allowing the client to pocket over one-third of the settlement. This case highlights how we handle complex liability and maximize recovery, much like in school bus scenarios involving pedestrians or vehicles. Learn more about this settlement.
What Our Clients Say
Building trust is key, and our clients’ stories speak volumes. Here’s what they’ve shared:
“Attorneys Annie Levitt Heller and Carmen from Sally Morin Personal Injury Lawyers are the absolute best! They are dedicated, approachable and thorough in all their work. They provided the best possible outcome for my case (I was a pedestrian hit by a car in a crosswalk) and supportive every step of the way. I would absolutely recommend Sally Morin Personal Injury Lawyers to anyone. Forever grateful to them!”
-Steve M.
Read Steve M.’s review on Yelp
Read Steve M.'s review of Sally Morin Personal Injury Lawyers on Yelp“I was reluctant to call a personal injury lawyer after a motorcycle accident, but I’m glad I called Sally Morin. Although I never spoke with her, I did have a great experience with her partner Annie Heller and her team. Annie is personable, kind, and bright. She listened to my concerns and acted entirely ethically and appropriately on my behalf. Annie and her team took care of everything, letting me get on with my life. They were always responsive and proactive in communicating, and made this painful chapter so much better in the end. Highly recommend!”
-Christopher R.
Read Christopher R.’s review on Yelp
Read Christopher R.'s review of Sally Morin Personal Injury Lawyers on YelpDo I Have a Case? Assess Your Options Today
Wondering if your situation qualifies for a claim? Our “Do I Have a Case” tool helps evaluate factors like injuries, liability, and potential compensation. It’s a quick, free way to get clarity—simply answer a few questions to see your next steps.
Do I Have a Personal Injury Case?
You generally have 2 years in CA to file a claim
2. Do you believe someone else was negligent (owed you a duty of care and breached it)?
3. Did their negligence directly cause your injuries?
4. Have you suffered measurable damages (medical bills, lost wages, pain & suffering)?
5. Do you have supporting evidence (photos, witnesses, police report)?
Legal Disclaimer
This assessment tool provides general guidance only and does not constitute legal advice. Case outcomes depend on many factors not covered in this brief assessment. For accurate evaluation of your specific situation, consult with a qualified personal injury attorney who can review all details of your case.
Insights from Experts: Watch This Video
Check out this informative video from our team to know when you actually need a lawyer:
We Handle Your School Bus Accident Claim So You Can Focus on Your Family
After a school bus accident, don’t face the legal maze alone. At Sally Morin Personal Injury Lawyers, we specialize in bus accidents and have helped countless California families recover what they deserve. We handle everything—from investigating liability to negotiating with insurers—so you can prioritize healing.
Contact us today for a free case evaluation. We truly care about the people of California and believe you should focus on recovery while we manage the details. Call 877-380-8852 or visit our website now—let’s hold the responsible parties accountable and secure the compensation your family needs to move forward.
The post School Bus Accidents: Who is Liable for My Child’s Injuries in California? appeared first on Sally Morin Law.
