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Back-to-School Traffic Accidents: Who’s at Fault When a Child Is Injured?

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Who’s to blame when your child is injured in a school zone?

 

Child Injured in a School Zone Accident: Understanding Fault & Liability in Texas

As another school year begins in Texas, safety—not school supplies—should be the top priority. The start of the year brings an increase in students walking, biking, and boarding buses. Unfortunately, it also brings a higher risk of school zone crashes. In 2024, the Texas Department of Transportation (TxDOT) recorded 781 school zone traffic crashes statewide, prompting calls for extra caution from drivers, parents, and the community.

Children are among the most vulnerable road users. Their smaller size makes them harder to see, and their unpredictable movements can catch even cautious drivers off guard. Understanding the rules of the road and what to do after an accident can make all the difference in protecting them.

This article explains the laws that apply in school zones, the most common causes of these accidents, and who may be legally responsible if your child is injured.


Did You Know?

Between 2007 and 2016, the National Highway Traffic Safety Administration (NHTSA) recorded 281 school-age child deaths from school-transportation-related collisions. Many of these tragedies occurred during pick-up and drop-off hours—times when drivers are often distracted or in a hurry.


Common Causes of School Zone Accidents

While school zones are designed to slow traffic and protect children, crashes still occur due to:

  • Speeding through school zones despite reduced limits

  • Distracted driving, including phone use

  • Improper passing of school buses

  • Failure to yield at pedestrian crossings

Even a brief lapse in attention can have life-changing consequences when children are present.

Texas School Zone Laws Every Driver Should Know

To help protect children, Texas enforces specific rules in and around school zones:

1. Reduced Speed Limits
School zone signs indicate a lower speed—often between 20 and 35 mph—during certain morning and afternoon hours when children are likely present.

2. Cellphone Restrictions
State law prohibits the use of handheld devices in active school zones, reinforcing the need for full driver attention.

3. Stopping for School Buses
Drivers traveling in either direction must stop when a school bus is loading or unloading children. The only exception is when the lanes are separated by a physical barrier.

Following these rules reduces risk, but accidents can still happen. That’s why knowing how liability works is so important.

Who Can Be Liable in a School Zone Accident?

Fault in a school zone crash depends on the facts of the case. Potentially responsible parties may include:

  • Negligent Drivers – Drivers who speed, use their phone, or fail to yield can be held liable for injuries caused.

  • School Districts and Bus Drivers – If a bus driver causes an accident while on duty, the school district may share liability.

  • Other Parents – Reckless driving during drop-off or pick-up, such as blocking visibility or making unsafe maneuvers, can lead to liability.

Determining responsibility often requires reviewing police reports, witness statements, and—if available—school zone surveillance footage.

Steps Parents Should Take After a School Zone Accident

If your child is injured in a school zone crash, immediate action can help protect both their health and your legal rights:

  1. Seek Medical Attention Immediately – Even if injuries seem minor, some conditions (like concussions) may not be apparent right away.

  2. Report the Accident to Police – An official police report is key in determining fault.

  3. Document the Scene – If possible, take photos of the accident location, vehicles, and any visible injuries.

  4. Gather Witness Information – Statements from other parents, crossing guards, or bystanders can strengthen your case.

  5. Consult a Personal Injury Attorney – An experienced lawyer can investigate, identify liable parties, and help you pursue fair compensation.

Back-to-School Injury? Call Shaw.

When a child is injured because of someone else’s negligence in Texas, parents have the right to seek justice and compensation. You may be entitled to recover damages for:

  • Ambulance Costs

  • ER Treatment

  • Surgeries

  • Medical Bills

  • Pain and Suffering

  • Property Damage

  • Lost Income (if a parent missed work)

  • Wrongful Death

Call Shaw at 800-862-1260 today or use our live chat to schedule your free case evaluation with one of our personal injury attorneys. There are no fees or obligations—just expert legal advice from a team that puts clients first.

We look forward to serving you.


¹TxDOT on Back to School Safety

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