Each school day in Texas, more than a million children ride a school bus, and parents trust this to be the safest way for them to get to and from school. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that school buses are generally very safe, but that offers little comfort when the child who is hurt is your own. If your child was injured in a school bus accident and you are unsure of what to do next, you are not alone.
After the initial shock and fear, you may be coping with medical bills, unanswered questions, and frustration over how this could happen. A school bus accident attorney in Arlington, TX, can help you understand your options and guide you through the process.
Contact Branch & Dhillon, P.C. at (817) 533-3430 for a free and confidential consultation.
Why School Bus Accident Claims in Texas Are Legally Complex
A school bus crash often raises complex legal issues that make these claims more challenging than a typical car accident between private drivers. In many cases, the process involves a government entity such as the Arlington Independent School District or another district in Tarrant County or Dallas County, which means the claim is subject to special rules. When you bring a claim against a government body in Texas, you must navigate strict legal procedures that do not apply in most personal injury cases.
One major obstacle is the doctrine of sovereign immunity, a legal rule that prevents the government from being sued without its consent. Texas law creates certain exceptions through the Texas Tort Claims Act, which allows injured individuals to pursue compensation in specific situations where a government employee’s negligence caused harm.
Even so, the Act has strict requirements. For example, under Chapter 101 of the Texas Civil Practice and Remedies Code, you must provide formal written notice of your claim within a short window of time—sometimes as little as 180 days after the crash.
That notice must include specific details and be sent to the correct department. Missing this step or sending incomplete notice can permanently block any recovery for you and your child. This is why working with an experienced school bus accident attorney in Texas early on can greatly benefit your case.
Who Can Be Held Liable After a School Bus Accident in Texas
Liability is also rarely limited to one person or organization. A careful investigation is needed to determine how the collision happened and who is responsible.
The school bus driver may be liable if they were speeding, distracted, under the influence, or failed to follow traffic laws. Because school bus drivers are classified as common carriers, they are held to a heightened standard of care when transporting children.
The school district itself may share responsibility if it failed to properly hire, train, or supervise its drivers, or if it neglected to maintain its fleet in safe working condition. In other cases, another motorist may have caused the crash by running a red light or making an unsafe lane change.
Some claims involve product defects, such as faulty brakes, steering failures, or defective tires, which can lead to a case against a manufacturer. A private maintenance company may also be at fault if it was responsible for repairs and failed to keep the bus in safe operating condition.
Every potential source of liability must be identified early because claims against private companies are not governed by the same notice rules and damage limits as claims against government entities. A knowledgeable school bus accident attorney with experience handling cases in Texas will know how to investigate all angles and pursue every available path to compensation for a child’s injuries.
How a Texas School Bus Accident Lawyer Can Help Your Family
When a child is seriously hurt, parents focus on their health, comfort, and recovery. Parents should not have to navigate complex legal rules or deal with insurance companies and government lawyers on their own. A skilled school bus accident attorney can step in to handle every part of the legal process so that your attention stays on your child and their needs.
Navigating the Texas Tort Claims Act After a School Bus Crash
One of the most important ways an attorney helps families in Texas is by guiding them through the detailed rules of the Texas Tort Claims Act. These rules include very short notice deadlines that must be met with precision.
A lawyer who regularly handles school bus accident cases knows the specific notice requirements for local entities such as the Arlington Independent School District, Fort Worth ISD, or other districts in Tarrant County and Dallas County. The attorney prepares a complete and legally sufficient notice of claim and makes sure it is delivered to the correct office on time.
This step protects your family’s ability to pursue compensation and allows the attorney to track other deadlines and procedural requirements that apply when a claim involves a government body.
How Attorneys Investigate Texas School Bus Accident Cases
Strong evidence forms the foundation of a successful claim, and an experienced legal team knows how to move quickly before important information is lost or altered. A comprehensive investigation often includes sending a formal preservation letter to the school district to request key evidence, such as the bus’s event data recorder, maintenance and inspection records, and any available video from onboard cameras.
It also involves speaking with witnesses, including other students, the bus driver, and anyone who saw the collision or what followed. In many cases, attorneys work with accident reconstruction experts who examine the physical evidence and explain how the crash occurred.
They also review the bus driver’s employment history, training records, and any prior disciplinary actions to uncover patterns of negligence or oversight by the district. This thorough approach gives your attorney the evidence needed to build a strong and well‑supported claim.
How a School Bus Accident Attorney Protects Your Child’s Rights and Future
A knowledgeable attorney serves as both an advocate and a shield for your family. All communication with the school district, its lawyers, and any insurance companies is handled by your attorney, which prevents you from unintentionally saying something that could harm your claim.
The attorney also works closely with your child’s doctors and other specialists to document injuries and understand the long-term effects on your child’s physical, emotional, and educational development. In cases involving serious injuries, these long-term needs can shape your child’s future in significant ways.
A dedicated school bus accident attorney will pursue compensation that accounts for both current medical care and the resources needed to support your child as they grow and recover.
Common Injuries Children Face in Texas School Bus Accidents
Because school buses are large and heavy, and many students are not wearing seatbelts or may be moving around when a crash occurs, the injuries that result can be severe. A child’s body and brain are still developing, which means certain injuries can have long-term effects that are more significant than they would be for an adult.
Head injuries, spinal injuries, broken bones, and emotional trauma are all common in these accidents, and each can affect a child’s growth, education, and overall well‑being for years. It is important to have your child thoroughly evaluated by a medical professional after any school bus accident, even if they seem fine at first, because some injuries are not immediately noticeable and proper records can support both treatment and any future claim.
Understanding Compensation in a Texas School Bus Accident Claim
A personal injury claim is meant to provide financial compensation for the costs of an injury and to recognize the serious impact it has had on your child’s life. When the claim involves a government entity such as a public school district, the Texas Tort Claims Act limits the amount that can be recovered.
For local government units, the law generally caps compensation for bodily injury at $100,000 per person and $300,000 per single incident. Although these limits apply to claims against school districts, they may not limit your recovery if another party, such as a private company or another driver, also played a role in the crash.
A private maintenance company or another negligent driver, for instance, may share liability. A knowledgeable school bus accident attorney will examine all possible sources of recovery so your family can pursue the full amount available under the law.
Economic Damages in a Texas School Bus Accident Case
Economic damages cover the measurable financial losses connected to your child’s injury. This often includes medical expenses for hospital care, surgeries, therapy, and counseling, as well as the cost of adaptive equipment or modifications to your home or vehicle.
If you have missed work to care for your child, lost income can also be included. These damages are meant to address the direct financial burden that the accident has placed on your family.
Non‑Economic Damages for Children in Texas School Bus Accident Claims
Non‑economic damages focus on the personal impact of the injury, which can be far more difficult to calculate. They account for your child’s physical pain, emotional distress, and the anxiety or fear that may linger long after the crash. They also cover lasting changes, such as limits on activities your child once enjoyed or scarring that affects their confidence and well-being.
Demonstrating the full extent of these losses, especially for a child, takes detailed analysis and careful evidence review. An experienced attorney will gather records and testimony from doctors, teachers, and family members to show how the injury has affected your child’s development, education, and future opportunities. This detailed approach helps present a clear and accurate picture of what your child has lost and what they will need moving forward.
FAQs for School Bus Accident Attorneys
What happens if the school district blames my child for the injury?
It is a common defense tactic to try to shift blame. However, Texas law takes a child’s age into account. Children under a certain age are legally considered incapable of negligence. For older children, the standard is what a reasonably prudent child of the same age, intelligence, and experience would have done. An attorney can fight back against unfair attempts to blame your child for their own injuries.
How are settlement funds for a minor handled in Texas?
Any significant settlement for a minor child in Texas must be approved by a court to make sure it is in the child’s best interest. The money is not paid directly to the parents. Instead, it is typically placed into a protected financial instrument, like an annuity or a trust, that is managed by the court until the child turns 18. This protects the money for your child’s future needs.
Does it matter if the crash happened on a private school bus?
Yes, this is a very important distinction. The Texas Tort Claims Act, with its strict rules and damage caps, only applies to governmental entities. If your child was injured on a bus owned by a private school, a daycare, or a private charter bus company, the claim is a standard personal injury lawsuit against a private corporation. These entities are not protected by sovereign immunity, and the damage caps do not apply.
Are school buses required to have cameras, and can we see the footage?
Many modern school buses are equipped with multiple video cameras, both inside and outside the bus. This footage can be invaluable evidence. However, a school district will not simply hand it over to you. Your attorney will need to use the formal legal process, often by sending a preservation letter followed by a subpoena, to obtain the video footage.
What if the bus was operated by a private company contracted by the school district?
This situation can make a claim even more complicated. It may involve aspects of both public and private liability. You might have a claim against the private bus company for its driver’s negligence and a separate claim against the school district for its own negligence in hiring or supervising that company. An experienced lawyer can untangle this relationship to determine all avenues for a potential recovery.
Take Action to Protect Your Child’s Future After a School Bus Accident in Texas
Every day, parents trust the school system to keep their children safe. When that trust is broken by a preventable accident, it can leave you feeling shaken and angry.
Pursuing a legal claim after a school bus injury goes beyond seeking financial compensation. It is about holding a school district, government agency, or private company accountable for failing to protect the children in their care.
It is also about encouraging safer policies and practices so that other families do not experience the same harm. You have the right to seek answers and to demand accountability for the injuries your child has suffered.
If your child was injured in a school bus accident in Arlington or anywhere in the DFW Metroplex, you do not have to navigate this process on your own. Our firm is ready to provide experienced legal guidance, the resources needed to handle your case, and steady support for your family during this process.
Contact Branch & Dhillon, P.C. today at (817) 533-3430 to speak with a dedicated Arlington, TX personal injury attorney about your case.