Child Hit After Getting Off a School Bus in Houston? Know Your Rights and Options
Every parent’s worst nightmare is getting a call that their child has been hit by a car after stepping off a school bus. Unfortunately, this frightening scenario happens in Houston and across Texas more often than most people realize, leaving families devastated and unsure where to turn. If your son or daughter was hit by a car after getting off the bus, you have the right to seek justice and hold the negligent driver accountable. The Adley Law Firm, a Houston-based personal injury firm serving all of Texas, is here to help you through this difficult time. We offer free consultations, work on a contingency fee basis (you pay nothing unless we win your case), and our team is fully bilingual (English & Spanish) to better serve our clients. Call us today for a free case evaluation. We’ll fight to get your family the justice and compensation you deserve.
The Danger Children Face at School Bus Stops in Houston and Texas
Children getting on or off a school bus are extremely vulnerable, and a moment of driver inattention or impatience can lead to tragedy. In 2024 alone, there were 2,480 crashes involving school buses in Texas, causing 11 deaths and 93 serious injuries. Many of these incidents occur when children are boarding or exiting the bus and motorists fail to stop as required. A recent Houston-area law enforcement sting underscored how widespread the problem is: 51 drivers were caught in a single morning illegally speeding past stopped school buses with flashing lights. Nationwide, the issue is reaching crisis levels – an estimated 43.5 million drivers illegally passed school buses during the 2022-2023 school year. Tragically, children often pay the price for these violations. Federal data shows kids are more likely to be killed while getting on or off a school bus than while riding one.
Texas Law Requires Drivers to Stop for School Buses
It’s not just common sense – Texas state law (Transportation Code §545.066) explicitly requires drivers to stop when approaching a school bus that is stopped and displaying flashing red lights or a stop sign to load or unload children. Drivers must remain stopped until the bus starts moving again, the bus driver signals them to proceed, or the lights and stop sign are turned off. This law applies to vehicles approaching from either direction of the bus. The only narrow exception is if the road is a divided highway with a physical median or barrier – in that case, traffic on the opposite side of the divider doesn’t have to stop. (Note that a center left-turn lane is not considered a divided median, so on a typical city street without a raised barrier, all directions of traffic must stop when a school bus flashes red lights.)
Failing to stop for a school bus is a serious offense in Texas. Drivers who illegally pass a stopped school bus face hefty penalties. A first-time offense can result in a fine up to $1,250. Repeat offenders (multiple violations within five years) can have their driver’s license suspended for up to six months. If a driver’s illegal passing causes serious bodily injury to someone, they can even face criminal charges (a Class A misdemeanor or higher) in addition to traffic fines. In short, Texas law is strict because the safety of children is on the line. Yet, despite these laws, many drivers in Houston and beyond still ignore stopped school bus signals – and when they do, they put kids at enormous risk.
Negligence and Liability When a Child Is Hit After Getting Off a Bus
When a driver fails to stop for a school bus or otherwise drives carelessly around a bus stop, it’s a clear case of negligence. Negligence means the driver breached their duty to drive safely and obey the law, and someone was injured as a result. In fact, violating Texas’s school bus stop law can be considered negligence per se, which means the act of breaking this safety law is strong evidence of negligence in a personal injury case. A driver who passes a stopped bus or speeds through a bus drop-off zone is violating one of the most basic traffic laws meant to protect children. If that driver hits a child, they can be held legally liable for the child’s injuries and related damages.
It’s important to note that even if the school bus had already left and was not present with flashing lights, drivers still must exercise extreme caution in areas where children are being dropped off. Children are unpredictable – they might cross the street mid-block or run to greet a parent. A prudent driver should anticipate this possibility, especially near bus stops or school zones. If a driver was distracted, speeding, or not paying attention and hits a child, that driver can still be found negligent even if the bus’s lights were off. Drivers in Texas have a duty to yield to pedestrians and drive at a safe speed for conditions. Failing to see a “big yellow school bus” or a child on the road is not an excuse. All drivers must remain vigilant for children on or near the roadway.
From a legal standpoint, when a child is injured, Texas law generally recognizes that young children cannot be held responsible for making unsafe decisions in traffic. The burden is on drivers to avoid hitting a child. Thus, in almost all cases of a child being hit while exiting a bus, the driver (and their insurance) will be the primary party held responsible for the resulting harm. In rare cases, others might share blame – for instance, if the school bus driver stopped in an extremely dangerous location without proper signals. But typically, the focus is on the motorist who struck the child. That driver’s negligence can make them liable for the child’s medical bills, pain and suffering, and other damages through a personal injury claim.
Pursuing a Personal Injury Claim for a School Bus Stop Accident
Seeing your child injured by a careless driver is devastating, but you do have legal recourse. As a parent or guardian, you can file a personal injury claim on behalf of your minor child to seek compensation for their injuries. This includes coverage for medical expenses, such as hospital bills, surgeries, rehabilitation, and future care needs related to the injury. You can also claim pain and suffering and the emotional trauma your child and family have endured. If the unthinkable happens and a child is killed, the family may pursue a wrongful death claim for their loss. No amount of money can erase the trauma, but it can help ensure the child gets proper care and that the family isn’t burdened with expenses caused by the accident.
To strengthen your case, it’s critical to take the right steps after the incident:
- Get Medical Help Immediately: Your child’s health is the top priority. Seek emergency medical attention right away, even if injuries seem minor. Prompt treatment not only protects your child’s well-being but also creates medical records documenting the injuries.
- Ensure the Incident Is Reported: If the police were not already on the scene, call 911 to report the accident. In most cases, especially if there are injuries, the school bus driver or bystanders will have called law enforcement. Make sure an official police report is filed. The police report will record important details and may indicate fault (for example, noting that the driver failed to stop for the school bus).
- Gather Information and Evidence: If you are able, collect the contact information of the driver who hit your child, including their name, phone, license plate, and insurance details. Also try to get contact info for any eyewitnesses. If there are any photos or videos (surveillance footage or bystander videos) of the accident scene, secure copies. Evidence of the bus’s stop arm lights, skid marks, or the location of impact can be very helpful in proving what happened.
- Notify the School and Bus Company: The school district or bus company should be informed of the incident as well, since they may conduct their own investigation. They might have additional evidence (for instance, some school buses have cameras that record cars passing illegally). However, do not make any statements accepting blame – simply gather information.
- Consult a Qualified Personal Injury Lawyer: Before dealing with the driver’s insurance company, talk to an experienced personal injury attorney. Remember that the insurance adjusters are not on your side – their goal is to minimize payout. A lawyer can guide you on your rights, handle all communications with insurers, and fight for full compensation while you focus on your child’s recovery.
In Texas, personal injury claims for a minor can be complex, but generally the statute of limitations (deadline to file a lawsuit) is tolled (paused) until the child turns 18. However, waiting is never wise – evidence can disappear and memories fade. It’s best to start the legal process as soon as possible by contacting a lawyer who can begin investigating and preserving evidence right away.
How the Adley Law Firm Can Help Your Family
At the Adley Law Firm, we understand how overwhelming it is when a child is hurt, and our experienced, bilingual Houston attorneys are here to help families across Texas navigate these difficult moments. We thoroughly investigate every case, gathering police reports, videos, witness statements, and expert insights to prove driver negligence and document the full impact on your child’s life. Our goal is to take the stress off your shoulders by handling the insurance companies, paperwork, and legal process from start to finish while you focus on your child’s recovery. We offer free consultations, and you never pay anything unless we win your case, so if your child was hit after getting off a school bus, contact the Adley Law Firm today for compassionate guidance and strong representation dedicated to securing the justice and compensation your family deserves.