Bus maker, dealer not held liable in fatal crash
LITTLE ROCK, Ark. — The Arkansas Supreme Court ruled that a school bus manufacturer and distributor cannot be held liable for not having instal...
LITTLE ROCK, Ark. — The Arkansas Supreme Court ruled that a school bus manufacturer and distributor cannot be held liable for not having installed passenger seat belts on a bus involved in a fatal crash.
In the May 2003 incident, a school bus carrying 43 students from the Siloam Springs School District ran off the road, flipped onto its side and slid down an embankment. One student was killed, and 10 other students sustained serious injuries.
Family members of the victims sued the bus maker, Thomas Built Buses, and its distributor, Merl's Bus Sales, claiming that they were negligent in failing to provide a safer product by equipping the bus with seat belts. The plaintiffs also claimed that the defendants should have warned the purchasers, users and riders of the bus that riding unrestrained in a bus is dangerous.
The court noted that the Arkansas Department of Education (DOE) is responsible for drawing up the minimum specifications for all school buses, and buses purchased by school boards must meet those specifications.
The state's specifications order school bus seats to comply with FMVSS 222, which sets occupant protection requirements but does not require seat belts for passengers.
The plaintiffs argued that nothing prevents manufacturers from exceeding the DOE's minimum specifications. They said that safety measures beyond the minimum — i.e., providing seat belts — would have better protected passengers.
The defendants argued that the DOE is not a common consumer that is ignorant regarding bus safety features, so bus manufacturers may not deviate from the DOE's exact specifications.
Additionally, the defendants noted that the Arkansas General Assembly has repeatedly addressed the issue of seat belts in school buses, deciding each time not to require them.
The state Supreme Court upheld a circuit court's previous judgment in favor of Thomas Built and Merl's Bus Sales.
"The Arkansas General Assembly has affirmatively decided not to require passenger seat belts in school buses," Associate Justice Annabelle Clinton Imber wrote in the decision. "We hold that the General Assembly has thereby preempted any common-law tort claims against school bus manufacturers that have complied with the Department of Education's design specifications."
More Safety

America Has a School Bus Passing Problem — and Distraction Is Making It Worse
Illegal school bus passing remains a major safety threat as distracted driving rises. This op-ed explores why awareness, enforcement, and stop-arm cameras matter more than ever.
Read More →
School Bus Laws to Watch: New York Delays EV Mandate
Plus, federal lawmakers seek new funding for school bus safety as states weigh stop-arm enforcement, disability protections, and education spending.
Read More →
The Essential Handbook for Safe Alternative Student Transportation
Your district's "exception riders" — students with IEPs, those experiencing homelessness, foster care youth — deserve more than a middleman solution. This handbook breaks down exactly what to look for in a supplemental transportation partner: from driver vetting and regulatory compliance to proactive safety technology. Because getting a ride isn't the same as getting a safe one.
Read More →
Operation STEER Brings Emergency Response Training to North Texas
Prosper ISD hosted the third annual training for transportation professionals across 67 districts to learn how to respond to emergencies, such as rollovers and evacuations, and proper use of safety equipment.
Read More →
Florida District Relaunches BusPatrol School Bus Camera Program With New Safeguards
After being suspended over due process concerns, Miami-Dade schools and law enforcement are restarting the AI-powered stop-arm camera program with new oversight.
Read More →
School Bus Laws To Watch: Seat Belt Bills, Funding Fights & EV Changes
From national bills on seat belts and driver oversight to driver awareness campaigns referencing “Finn’s Rule” and ongoing transportation funding debates in Alaska, here’s the latest in school bus legislation across the U.S.
Read More →
9-Year-Old Boy Killed by School Bus at Busy Brooklyn Intersection
A Williamsburg community is mourning after a child was fatally struck by a private yeshiva bus, prompting calls for urgent safety improvements at the high-traffic crossing.
Read More →
Does Reliable School Transportation Boost Attendance? EverDriven’s Data Says Yes
The new data shows 99.99% incident-free trips and strong on-time performance, reinforcing how dependable transportation, especially for vulnerable student populations, can help districts combat chronic absenteeism.
Read More →
NTSB Calls for Alcohol Impairment Systems, Seat Belts After W.V. Crash Investigation
The federal agency's report asks NHTSA to require all new school buses to be equipped with vehicle-integrated alcohol detection systems and passenger lap-shoulder belts.
Read More →
2026 State of Student Transportation Report
Student transportation teams are being asked to do more with less, facing driver shortages, rising costs, and increasing safety expectations. This report uncovers how fleets are adapting, where technology is making the biggest impact, and why student ridership tracking is emerging as a top priority. Download the report to explore the key trends shaping 2026 and what they mean for your operation.
Read More →
