School Zone Pedestrian Accidents Can Raise Questions About Who Is Responsible
With school resuming, drivers once again share the road with children walking to class and getting on and off school buses. School zones are designed to reduce these risks, but serious pedestrian accidents can still happen.
When a child is hit by a vehicle in a school zone, determining who may be legally responsible depends on how the collision occurred. A negligent driver may be responsible, but liability can sometimes involve a vehicle owner, employer or another party.
Understanding how liability is evaluated after a school zone accident can help families determine what options may be available after their child is injured. Claims involving a city, school district or other governmental entity require a separate legal review and can involve different procedural requirements and deadlines.
When May a Driver Be Liable for Hitting a Child?
Drivers have a responsibility to operate their vehicles safely and be aware of pedestrians. That responsibility becomes especially important near schools, where children may be crossing streets or walking near traffic.
The National Highway Traffic Safety Administration (NHTSA) recommends that motorists follow posted speed limits, watch for pedestrians and use extra caution in school zones and neighborhoods where children are present.
A driver may potentially be negligent if the accident involved:
- Speeding
- Distracted driving
- Failing to yield to a pedestrian
- Running a stop sign or traffic signal
- Driving while impaired
- Making an unsafe turn
- Failing to maintain a proper lookout
In a busy Killeen school zone, for example, drivers may encounter children crossing while parents and school buses enter or leave nearby driveways. Determining whether a driver was negligent requires examining their actions and the conditions leading up to the crash.
How Can Distracted Driving Affect a School Zone Accident?
In Waco, school traffic can become congested during morning drop-off and afternoon dismissal, especially when construction or changing road conditions affect normal traffic patterns. A distracted driver may have less time to respond to a child entering a crosswalk.
Texas law restricts the use of wireless communication devices while driving in school zones under certain circumstances. The law generally prohibits using a wireless communication device within a school crossing zone unless the vehicle is stopped or the device is being used hands-free.
The Texas Department of Transportation (TxDOT) also provides standards for signs notifying motorists about restrictions on cell phone use in school zones.
A traffic citation may become relevant to an investigation, but it does not automatically establish civil liability. The driver's actions and other available evidence must still be considered when determining whether distraction contributed to the collision.
Could a Vehicle Owner Be Responsible?
The driver is not necessarily the only person who could potentially be responsible for a child's injuries. In some cases, negligent entrustment may become an issue when a vehicle owner allows someone to drive despite circumstances indicating that person should not have been behind the wheel.
For example, if a vehicle owner in Bryan knowingly allows an unsafe or unlicensed driver to use their vehicle and that driver strikes a child near a school, an investigation may examine whether negligent entrustment contributed to the crash.
What if the Driver Was Working at the Time?
If someone hits a child while performing work-related duties, an employer can become part of the liability analysis. The driver could be operating a:
- Delivery vehicle
- Commercial truck
- Contractor vehicle
- Company-owned vehicle
- Personal vehicle being used for work
An employee operating a work vehicle in Lubbock may travel through a school zone as part of a route. An investigation may examine whether the driver was acting within the course and scope of employment and whether an employer or another party may share responsibility.
What if a School District or Government Entity Is Involved?
A school zone accident does not automatically make the school district, city or another governmental entity liable. However, an Austin accident could raise questions involving:
- Traffic signals
- Crosswalks
- Roadway design
- Government-operated vehicle
- Other public infrastructure surrounding a school
Texas law provides governmental entities with protections that do not apply to ordinary defendants. There may also be special notice requirements. Under the Texas Tort Claims Act, a governmental unit generally needs to receive notice of a claim within six months of the incident.
City charters can also contain notice provisions. Because these claims can involve different legal requirements and deadlines, families who believe a governmental entity contributed to an accident should consider seeking legal guidance as soon as possible.
What Evidence Can Help Determine Who Was Responsible?
Determining liability after a school zone pedestrian accident may require examining what happened immediately before the collision. Evidence may include:
- Police reports
- Witness statements
- School or business surveillance footage
- Dash camera recordings
- Photographs
- Vehicle data
- Cell phone records
- Traffic signals and signs
- Roadway markings
- Medical records
A school zone accident in Temple could be captured by nearby businesses, school surveillance cameras or passing vehicles. That evidence can help determine the driver's actions, the child's location and the roadway conditions when the collision occurred.
Are Children Expected to Follow Pedestrian Safety Rules?
Children should be taught safe practices around traffic, but they may not perceive and respond to roadway hazards the same way adults do. NHTSA provides child pedestrian education for children in kindergarten through fifth grade that covers:
- Walking near traffic
- Crossing streets and intersections
- Parking lot safety
- School bus safety
In growing communities like San Marcos, children can walk from surrounding neighborhoods or cross busy streets during arrival and dismissal. When a child is struck, determining responsibility requires considering the child's age and actions.
The driver’s conduct and the circumstances surrounding the collision should also be considered. A child should not automatically be assumed responsible just because they entered the roadway.
What Compensation May Be Available After a Child Pedestrian Accident?
When another party's negligence causes a child's injuries, available compensation depends on the circumstances and applicable Texas law. Potential damages may include:
- Emergency medical treatment
- Hospitalization
- Future medical care
- Rehabilitation
- Physical therapy
- Pain and suffering
- Permanent impairment
- Other damages available under Texas law
Serious pedestrian accidents can create long-term medical needs, especially when a child suffers a traumatic brain injury or spinal injury. An attorney can evaluate the circumstances of the accident and explain which damages may apply.
Frequently Asked Questions About Children Hit in School Zones
Is a driver automatically liable for hitting a child in a school zone?
No. Liability depends on how the collision occurred. Investigators may consider the driver's speed, attention, right-of-way rules, traffic controls, the child's actions and other circumstances.
Does a school-zone traffic ticket prove negligence?
Not automatically. A citation may be relevant evidence, but civil liability requires a separate analysis of the facts surrounding the crash.
Can someone other than the driver be liable?
Potentially. Depending on the circumstances, a vehicle owner, employer or another party could be involved in the analysis of liability.
Can parents sue a school district after a pedestrian accident?
Potential claims against governmental entities are subject to different legal rules and limitations. Whether a claim can proceed depends on the facts and applicable Texas law.
What should parents do after their child is hit by a vehicle?
The child's medical needs should come first. Parents should also retain:
- Accident reports
- Medical records
- Photographs
- Other available information about the collision
If another party may be responsible, speaking with an attorney can help families understand their legal options.
Speak With a Texas Pedestrian Accident Lawyer
When a child is injured by a vehicle, families may face medical treatment and have questions about who may be responsible. School zone cases can become particularly complicated when multiple parties or a governmental entity may be involved.
The Carlson Law Firm represents injured children and families throughout Texas. If your child was struck by a vehicle in or near a school zone, speaking with a personal injury attorney can help you understand how liability may apply and what legal options may be available.
