According to the National Highway Traffic Safety Administration, over 25 million students are in school with an average of 500,000 school buses on the roads. While school buses are statistically one of the safest modes of transportation, more than twice as many children are killed while getting on or off school buses than while riding in them. Preventable School Bus Accident

A 12-year-old girl was hit by a school bus in a South New Jersey middle school parking lot. She was walking across the parking lot which had no designated lines for pedestrian paths and no cross walks. She was run over by the rear tire of a school bus as it came around a loop. She suffered multiple fractures and serious internal injuries.

The bus driver was not faulted. The girl was walking between two cars.

At fault was the school district for failing to provide a parking lot with visibly designated markings; failing to provide appropriate cross walks; and failing to provide a school safety plan for bus arrivals and departures.

“This case, on first blush, appeared to be one of a careless child darting out between parked cars and running into the side of a bus, causing her own injuries”, states Larry Cohan, counsel for the victim.

“After careful analysis, and expert review, it became apparent that this child was a victim of bad planning and bad design by her school. Had there been proper crosswalks, a safety plan and supervision, this child would not have even been crossing where she was, and the incident would not have occurred. The irresponsible school officials, who created this danger, were clearly negligent, and the school was required to pay for their failures.”

The girl received a substantial settlement. Through extensive medical care and physical therapy, she is recovering.

School budget and school districts in many states are frequently in dire straits and are forced to make choices in how their limited funds are expended. Somehow the important issue of school bus safety goes to the back of the bus and doesn’t get addressed.

School Bus Safety Problems

In 2002, 26 children were killed as pedestrians getting on or off a school bus, or while waiting at the school bus stop. Other motorists illegally passing a stopped school bus remain a problem in every community and the school bus industry urges stricter police and judicial enforcement against violators.

School buses always are operated by drivers with a Commercial Drivers License (CDL), required by the U.S. Department of Transportation, and who have received special school bus driver training required by states. In addition, no one can drive a school bus without first passing drug and alcohol screening and required law enforcement background checks.

There is no safer way to transport a child than in a school bus. Fatal crashes involving school bus occupants are rare events, even though school buses drive a remarkable 8.8 billion students to and from school annually. Every school day, some 500,000 yellow school buses transport more than 25 million children to and from schools mostly without a serious incident.

Buses generally thought to be a safe method of travel; after all, they are significantly larger than other vehicles on the road and many buses do not even come equipped with seat belts. A study by the National Bus Safety Council between the years 1987 and 1996 found 4.3 bus rider fatalities per year compared to 44,000 passenger vehicle fatalities over the same time frame. However, buses are involved in an alarming number of crashes, many of which prove fatal. Public transportation buses also frequently are involved in accidents leading to injury and death. Accidents involving school children have prompted many school districts to re-outfit school buses with seat belts, even though many states still do not require school buses to have seat belts.
Data from the Fatality Analysis Reporting System (FARS) and the Motor Carrier Management Information System (MCMIS) reveals that 5,212 deaths in 2005 were caused by crashes involving large trucks and that 91,824 injuries were a result of crashes involving large trucks.
Who is at Fault for Bus Accidents?
Because buses can carry large numbers of people and often are cumbersome to drive, it is important that bus drivers are well-trained and qualified for the job. A bus driver can be held at fault for causing an accident. However, bus accident lawsuits are not always clear because state and federal laws differ in who they say is at fault for such accidents. “Common carriers” are defined as being someone whose business is transporting people or material items from one place to another for compensation; such services typically are open to the public.
Common carriers, which include commercial bus companies, are governed federally and by most state governments, and the drivers of these vehicles are required to have adequate training and equipment to complete their duties. Bus drivers consequently are subjected to strict standards for their performance and can be found at fault in bus accidents. However, the involvement of insurance companies and contractors in accident legal proceedings make questions of who is at fault much more complex. Because state governments are involved in establishing their own common carrier regulation, bus accident litigation action can vary widely from state to state.
Finding an experienced lawyer who is familiar with the common carrier laws of the area in which the accident took place and insurance policies regarding bus accidents is highly advisable.
What Should Be Done in the Event of a Bus Accident?
- If no law enforcement is present at the scene, immediately file an accident report with the police, sheriff, or highway patrol.
- Be sure to record the name, address, insurance information, vehicle license number, and driver’s license number of everyone who was involved in the accident. Also obtain names and contact information from any witnesses.
- Take photographs of the accident scene, of all vehicles involved, and any injuries to victims of the accident.
- Do not discuss the accident or any injuries you suffered with anyone other than your doctor or lawyer.
- Do not agree to making a recorded statement or sign any document that you have not first reviewed with your lawyer.
- Immediately seek medical treatment and be sure to tell your doctor how your injury occurred and about any pain from which you may be suffering.
Should I Contact an Auto Accident Lawyer?
In the event of a bus accident, it can be incredibly beneficial to have the counsel of an experienced bus or auto accident attorney. If you or someone you know has been injured in a bus accident and believe someone else may be at fault, use the auto accident attorney information request form on this page to get in touch with an expert auto accident attorney or law firm in your area today!

Buses are generally thought to be a safe method of travel; after all, they are significantly larger than other vehicles on the road and many buses do not even come equipped with seat belts. A study by the National Bus Safety Council between the years 1987 and 1996 found 4.3 bus rider fatalities per year compared to 44,000 passenger vehicle fatalities over the same time frame. However, buses are involved in an alarming number of crashes, many of which prove fatal. In the last week, school bus accidents causing injury have occurred in Massachusetts, New York, Michigan and Wisconsin. Public transportation buses also frequently are involved in accidents leading to injury and death; a Washington, D.C. woman recently was hit and killed by a Metro bus, becoming the fifth fatality in eight months in the D.C. area from bus accidents. Accidents involving school children have prompted many school districts to re-outfit school buses with seat belts, even though many states still do not require school buses to have seat belts. Data from the Fatality Analysis Reporting System (FARS) and the Motor Carrier Management Information System (MCMIS) reveals that 5,212 deaths in 2005 were caused by crashes involving large trucks and that 91,824 injuries were a result of crashes involving large trucks.

Finding Blame in Bus Accidents?

Bus drivers must be extremely qualified and well-trained as they are responsible for large numbers of people and keeping control of an unwieldy vehicle. A bus driver can be held responsible for initiating an accident. However, bus accident lawsuits are not always clear because state and federal laws differ in who they say is at fault for such accidents. “Common carriers” are defined as being someone whose business is transporting people or material items from one place to another for compensation; such services typically are open to the public. Common carriers, which include commercial bus companies, are governed federally and by most state governments, and the drivers of these vehicles are required to have adequate training and equipment to complete their duties. As a consequence of this, the performance of bus drivers are held to exacting standards and they can be found to be accountable in bus accidents. However, the involvement of insurance companies and contractors in accident legal proceedings make questions of who is at fault much more complex. Common carrier regulations vary widely from state to state because the state governments are involved, and therefore, legal action in bus accidents can change greatly between states. Finding an experienced lawyer who is familiar with the common carrier laws of the area in which the accident took place and insurance policies regarding bus accidents is highly advisable.

What Should Be Done in the Event of a Bus Accident?

- If no law enforcement is present at the scene, immediately file an accident report with the police, sheriff, or highway patrol.

- Be sure to record the name, address, insurance information, vehicle license number, and driver’s license number of everyone who was involved in the accident. Also be sure to obtain contact information and full names of any witnesses.

- Take pictures of all vehicles involved in the accidents, any injuries sustained in the accident, and the accident scene.

- Do not discuss the accident or any injuries you suffered with anyone other than your doctor or lawyer.

- Do not agree to making a recorded statement or sign any document that you have not first reviewed with your lawyer.

- Immediately seek medical treatment and be sure to tell your doctor how your injury occurred and about any pain from which you may be suffering.

Should I Contact an Auto Accident Lawyer?

Having the guidance of a professional bus or auto accident lawyer can be advantageous in the case of a bus accident. If you or someone you know has been injured in a bus accident and believe someone else may be at fault, use the auto accident attorney information request form on this page to get in touch with an expert auto accident attorney or law firm in your area today!