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 happen as a result of negligence.
North Carolina School Bus Statistics
According to the North Carolina Department of Transportation, in 2021, there were 732 school bus crashes resulting in 499 injuries and 5 deaths. Mecklenburg County accounted for 115 of those crashes, the highest in North Carolina.
Second was Wake county, reporting 78 crashes, resulting in 43 injuries. Guilford reported 43 crashes, Union county with 30 crashes, and Durham country with 28 school bus crashes.
School Bus Safety Laws and Regulations
School districts understand the trust parents put on school bus drivers and their responsibility of safely driving and operating 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 getting ready to stop, yellow lights start flashing to indicate for 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 the traffic laws from school buses to avoid potential accidents and allow students to get to their destinations safely.
Bus Drivers
Bus drivers are held to a certain standard given 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 degree or GED equivalent is mandatory. They must pass a criminal background check along with meeting physical requirements put in place by the NC Department of Motor Vehicles (DMV). Also, the prospective driver needs a Commerical 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 where 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 the cars going in the same direction as the bus must stop when there is a four-lane road with a median or a four-lane road with a center turning lane.
Seat Belts
A bus that weighs over 10,000 pounds does not require seatbelts. While this is a big concern for parents, the structure of the bus protects the passengers. The physical size and construction of the bus alone gives it an advantage compared to smaller vehicles in a crash, as they can absorb most crash forces from impacts. Additionally, the seats must have a steel inner structure with protective padding surrounding it. If a child is thrown against the seat, it must be able to absorb energy. So, while seatbelts may not be a requirement on a school bus, the composition of the seats and the frame of the bus provides enough protection to keep passengers protected.
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 the speed of each vehicle 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 managed by the North Carolina Industrial Commision, a specialized body that deals with claims against state employees and entities, rather than being handled 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 properly train the bus driver, 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 to defect in the bus
Pedestrian Accidents at School Bus Stops
Students 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, if the bus stop is safe, they must report it to their supervisor, and they should only open the door when it is safe and signal to children when it is safe to cross.
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 that hit the child. When the at-fault driver’s insurance is insufficient, your attorney will investigate other possible sources of compensation. This could include if the school bus driver or the board of education acted negligently in a way that contributed 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, this 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 through our Live Chat feature. You may also call us at (919) 526-0450. We accept clients across the Carolinas.
