School bus crashes and injuries

The stopped school bus rule

California requires any driver meeting or overtaking a school bus that is stopped to load or unload children, with its flashing red lights on (and its stop arm out, if it has one), to stop before passing it and to stay stopped until the lights and stop arm turn off (Vehicle Code § 22454). The statute's words are that the driver

"shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation."

There is one main exception: a driver on the other roadway of a divided highway, or of a highway with two or more lanes in each direction, need not stop. The rule also applies on roadways on private property.

What the bus driver must do

School bus drivers have their own duties. They must use the flashing red lights and stop arm whenever the bus is stopped to load or unload pupils, subject to listed exceptions, and where traffic is not controlled by an officer or signal they must escort pupils in pre-kindergarten through grade 8 who need to cross the road, using a hand-held STOP sign (Vehicle Code § 22112). School buses bought or leased for use in California must have lap-and-shoulder belts at every designated seat if they are Type 1 buses made on or after July 1, 2005, or Type 2 buses made on or after July 1, 2004 (Vehicle Code § 27316).

Who may be responsible

• A driver who passed the stopped bus or hit a student walking to or from the stop. That is an ordinary injury claim against the driver and their insurer, generally with a two-year lawsuit deadline (CCP § 335.1).
• The school district, if a district bus driver or employee acted negligently, for example by not activating the lights or not escorting a young child across. A public entity is generally liable for employees' negligent acts within the scope of employment (Gov. Code § 815.2), and the six-month claim rule applies (Gov. Code § 911.2).
• A private bus contractor, if the district contracts out transportation, or a charter bus company on a trip.
• The city or County, if a dangerous road or crossing condition contributed. See our claims guide for where to file.

Evidence to gather quickly

• The crash report from the responding agency (our crash report guide shows which agency covers each city)
• The bus number, route and stop location, and the names of the driver and any adult aides
• Video: many buses and nearby homes or businesses record, and footage can be overwritten
• Names of other students and parents who saw what happened
• Medical records from the first visit onward

Ask the district in writing to preserve bus video and records. Then file the claim with the district using the details in our district directory.