School Bus Accidents

School Bus Accidents

School buses can either be private claims or government vehicle claims, but in either case have a special set of rules that specifically apply to them as described below:

CHILDREN AND CROSSWALK GUARDS ARE  ROUTINELY KILLED OR INJURED WHILE GETTING ON AND OFF OF BUSES:  Nationwide 19 school-aged children on average are killed getting on or off the school bus each year, according to a report by Stanford Children Health. 

Many more are injured. Additionally, Child & Jackson has represented clients who were crosswalk guards or school bus assistants that held signs or flashlights for school bus drivers that have also been seriously injured by negligent and impatient drivers. Because of the special risk associated with school bus accidents, there are special laws relating to school bus cases.

 

CALIFORNIA VEHICLE CODE SECTION 22454 REQUIRES DRIVERS TO COME TO AN IMMEDIATE STOP BY SCHOOL BUSES:  

(a) The driver of any vehicle, upon meeting or overtaking, from either direction, any school bus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the school bus and shall not proceed past the school bus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation.  This applies to all traffic when there is a single lane and/or two lanes in each direction.

SCHOOL ZONES MAY HAVE LOW-SPEED REQUIREMENTS MANDATED BY LOCAL MUNICIPALITIES (CITIES):  Local governments and municipalities set speed limits around schools in many cases where the bus is no longer fully stopped with its sign out, and that is when some cases occur. In Sacramento, 25 mph is the speed limit in school zones when children are present. 15 mph is the speed limit in alleys, intersections, and railroad crossings (where visibility is limited). However, 25 mph is still too fast under the California Vehicle Code if the conditions are unsafe and place children at risk of being injured. Thus, if a child is struck while a vehicle is traveling 25mph next to or close to a bus, or after a bus has just started accelerating, it would still be negligence. Talk with an attorney in any case involving children and bus accidents, as there are various Federal, State, County, and Municipal laws that may apply in any given case.

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