Every day, over 26 million students ride the school bus to and from school. Parents put their trust in the buses and drivers to keep their children safe. According to the Transportation Research Board, riding a school bus is 13 times safer than other modes of transportation. However, school bus accidents can and do occur due to negligence.
North Carolina School Bus Statistics
According to 2024 data from the North Carolina Department of Transportation (NCDOT), there were 1,125 school bus crashes that year, resulting in 258 injuries and, sadly, 3 fatalities. Mecklenburg County experienced the highest number of these incidents, with 182 crashes—more than any other county in the state. Wake County followed with 106 crashes, leading to 34 injuries. These statistics highlight the ongoing risks faced by school bus passengers and emphasize the importance of vigilance and safety measures.
School Bus Safety Laws and Regulations
School districts understand the trust parents place in school bus drivers and the responsibility they have to safely operate a bus. Hence, numerous regulations and procedures are in place to ensure the safety and well-being of every student on board.
You Can’t Miss Them
The iconic National School Bus Glossy Yellow makes them highly visible to other drivers. This color is a requirement under the Highway Safety Act of 1966. When they are about to stop, yellow lights start flashing to signal to other motorists to start slowing down. Once the lights are flashing red and the stop arm is extended, students are actively entering or exiting the bus. It is vital for vehicles to follow traffic laws, from school buses to other vehicles, to avoid potential accidents and allow students to reach their destinations safely.
Bus Drivers
Bus drivers are held to a certain standard, given that they are responsible for transporting hundreds of kids to school, home, and other activities daily. This leads to meeting certain education and legal requirements. They must hold a valid North Carolina driver’s license with a clean driving record. A minimum age of 18 and a high school diploma or GED equivalent are required. They must pass a criminal background check and meet the physical requirements set by the NC Department of Motor Vehicles (DMV). Also, the prospective driver needs a Commercial Driver’s License (CDL), which requires both written knowledge and a skills section.
Stopping for a School Bus
Under many circumstances, all traffic must stop when a school bus has its red lights flashing and the stop arm extended. However, there are certain times when only the cars behind the bus must stop. Cars from both directions must stop when on a two-lane road, a two-lane road with a center turn lane, and a four-lane road without a median. Only cars traveling in the same direction as the bus must stop at a four-lane road with a median or a four-lane road with a center turning lane.
Seat Belts
A bus weighing over 10,000 pounds does not require seatbelts. While this is a major concern for parents, the bus’s structure protects passengers. The size and construction of the bus alone give it an advantage over smaller vehicles in a crash, as it can absorb most crash forces. Additionally, the seats must have a steel inner structure with padding for protection. If a child is thrown against the seat, the seat must be able to absorb the impact. So, while seatbelts may not be required on a school bus, the seat design and the bus’s frame offer sufficient protection to keep passengers safe.
Who is Held Responsible After a School Bus Accident
Due to the large size of school buses, smaller vehicles are more likely to experience serious injuries. Every circumstance is different, with factors such as each vehicle’s speed and the severity of the injuries. Victims may require hospitalization, surgery, or rehabilitative therapy. Further, they may become unable to work, thus leading them to lose income or suffer a disabling injury that results in ongoing medical care or personal assistance.
All potential costs must be considered after suffering an injury in a school bus crash. Should the school bus driver be at fault, all victims should get compensation for their pain and suffering.
Recovering compensation after a bus accident in NC is complex. Typically, victims can seek compensation by filing a claim against the school bus driver. However, these claims are handled by the North Carolina Industrial Commission. This specialized body deals with claims against state employees and entities, rather than in regular civil courts for typical car accident cases. An experienced injury attorney can help you navigate these claims and get the best result for you and your family.
Potential liable parties include:
- The Bus Driver: If their actions directly contributed to the accident, such as negligent driving, not following traffic laws, or not ensuring the safety of students when entering or exiting the bus.
- Other Drivers: if another driver on the road caused the accident for any reason, such as recklessly driving, speeding, or failing to stop for the school bus.
- School Districts: if they failed to train the bus driver properly, did not maintain the bus, or did not take all measures to avoid unsafe outcomes.
- Bus Manufacturer: if the accident was due to a mechanical failure or a defect in the bus
Pedestrian Accidents at School Bus Stops
Student fatalities are more frequent when getting on or off a school bus than they are as a passenger. Children should be able to cross the street safely, emphasizing the importance of other drivers following school bus traffic laws. Bus drivers must activate their warning lights 300 feet before the stop and should only signal for children to cross a street when it is safe. If the bus stop itself is unsafe, they must report it to their supervisor. Shawn Howard represented the family of a 14-year-old who was killed while boarding the school bus after the driver failed to activate the warning lights. As a result, the child was hit by oncoming traffic. Our attorneys also showed that the stop itself was dangerous and that an alternative route may have avoided this tragedy. The case settled for $1.3 million.
Liability in School Bus Accidents
When a child is struck by a vehicle while crossing the street to board a school bus, the process of seeking compensation for injuries or wrongful death typically begins with the insurance company of the driver who hit the child. When the at-fault driver’s insurance is insufficient, your attorney will investigate other possible sources of compensation. This could include whether the school bus driver or the board of education acted negligently, thereby contributing to the accident.
Contact Us
If you or someone you know has experienced an injury in a school bus accident due to the negligence of a school bus driver, contact an automobile accident attorney. We handle cases on a contingency fee basis, which means you and your child pay no attorneys’ fees unless and until we recover your compensation. Maginnis Howard has three offices with locations in Charlotte, Raleigh, and Fayetteville. To reach an intake specialist, visit our contact page or submit an inquiry via Live Chat. You may also call us at (919) 343-5018. We accept clients across the Carolinas.
