The state of Texas requires large school buses to be equipped with seat belts and requires schoolchildren to buckle up. It’s fair to wonder how often these laws are followed and enforced. It is also fair to ask what that law means for school bus drivers, school officials, and the children if they’re hurt in an accident.
Where does liability lie? What responsibility does the driver, or the school district, have to ensure students wear their seat belts? Is it reasonable to expect a driver to monitor dozens of children to ensure that belts are secured, and remain secured, throughout the drive?
The August bus crash in Leander, Texas, brought these issues to the forefront. In October, it drew the attention of the National Transportation Safety Board (NTSB).
The Leander Bus Accident
On August 13, a school bus transporting elementary school children rolled over in a one-vehicle accident. While the driver was not criminally charged, dash cam footage showed the bus crossing the double-yellow center line multiple times. The bus then moved to the right and rolled off the pavement.
Of the 42 children visible in onboard videos, only two were properly buckled. Another four wore the lap belt but not the shoulder belt. The driver was also cited for improper use of a seat belt.
Fortunately, there were no fatalities. But 11 children did suffer injuries, and proper seat belt use could have reduced that number.
NTSB Response
The investigation is still ongoing. However, investigators at the NTSB did note that the school district didn’t do enough to ensure everyone was wearing seat belts.
The NTSB responded to this crash, in part, by urging several national organizations to discuss the crash with their constituents. The goal is to push those organizations, which are dedicated to the safe transportation of schoolchildren, to enact and enforce seat belt policies. The NTSB’s recommendations include audits and mandatory driver instruction.
Common Liability Issues With Vehicle Accidents
Like many accidents, several factors can be blamed for this crash. Yes, the lack of seat belt use could be the main cause of some of the injuries. However, many additional factors could increase or decrease liability for the district and the driver:
- Weather conditions that day included rain and wet roadways. However, bad weather does not necessarily remove fault from drivers.
- The rear tires of the bus were worn below the recommended tread depth. If the district didn’t perform required maintenance, they could be liable.
- The driver was shown to be going up to 11 miles per hour over the posted speed limit. Speeding, particularly in rainy conditions, is a common form of negligence.
- Crossing the center line repeatedly could indicate impaired, reckless or drowsy driving. With children on the bus, distracted driving could also be a factor.
- Dash cam footage provides a record of the incident, supporting claims from the various parties.
Contact an Experienced Personal Injury Lawyer After an Accident
After an accident like the one above, the parents of the schoolchildren, and even in some cases the driver, could sue for compensation. The factors listed above could all affect who is liable and their level of liability.
At The Fell Law Firm, we help Texas residents collect compensation after serious motor vehicle accidents. If you or a loved one has been involved in a crash, you need a skilled advocate on your side. Call us today at 972-450-1418 or contact us online.
