School districts have a duty to provide safe transportation and to keep their vehicles in good working condition. The law treats a district's duty to protect and supervise students during the school day much like that of a responsible guardian. When a district fails to screen drivers, maintain buses, or run required inspections, it can be held liable for a resulting crash.
Who Can Be Named as a Defendant
An attorney weighs the evidence -- the time and place of the crash, road hazards, the driver's decisions, mechanical problems, and whether another vehicle was involved -- to decide who belongs in the suit. Often more than one defendant is named:
- Board of education Districts must vet and train drivers, enforce safety protocols, and inspect and maintain buses. Through vicarious liability, a district answers for the negligent acts of a driver it employs.
- Bus driver Skipping pre-trip inspections, driving while distracted, fatigued, or impaired, failing to activate amber and red warning lights and the stop arm, and disobeying traffic laws all expose the driver to liability.
- Maintenance company When the bus is the only vehicle involved and the driver is not at fault, a mechanical failure -- faulty brakes, engine lock-up, tire blowout -- points to lax maintenance. If a contractor maintains the bus, that company becomes a defendant.
- Another vehicle's driver Both states impose strict rules on passing a stopped bus. In Louisiana, a driver approaching or overtaking a stopped bus loading or unloading children must stop at least 30 feet away when the lights and stop sign are engaged, and may not proceed until the bus moves again.
- Other defendants Vehicle or parts manufacturers in a product liability claim, and in some cases a property owner or municipality where poor road conditions contributed.
Government Deadlines and Damage Caps
Because districts are government entities, claims against them carry extra procedural rules.
In Louisiana, suing a school board does not come with a shorter deadline. Victims generally have two years from the date of injury to seek damages (for injuries occurring after July 1, 2024; earlier injuries were subject to the prior one-year period), the same period that applies against a private defendant (La. R.S. 13:5108). Claims against a school board do carry other rules: a damages cap, a 90-day deadline to request service after filing, and, for road or property defects, proof that the public body knew about the defect. An attorney can confirm the deadline that controls.
In Texas, the Texas Tort Claims Act requires that the district receive notice of intent to sue, with deadlines ranging from 45 days to six months depending on the municipality. The Act caps recovery at $100,000 per victim and $300,000 per accident, so victims in a multi-passenger crash may have to split the per-accident cap.
If your child was hurt in a school bus crash, a Louisiana injury lawyer can identify every responsible party and protect your claim under the rules that apply to government defendants.
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