School Bus Fleet
MenuMENU
SearchSEARCH

NAPT News & Views — School Bus Stop Lawsuits Serve as Wake-Up Calls

While Washington, D.C., continues to focus on safety inside the school bus, let’s not lose sight of the fact that children being struck getting on and off school buses remains the cause of more fatalities and many debilitating injuries.

by Mike Martin
November 2, 2017
NAPT News & Views — School Bus Stop Lawsuits Serve as Wake-Up Calls

 

5 min to read


If you ever need a reminder about the importance of what you and the people you work with do every day, keep reading.

An 11-year-old girl was awarded $36.1 million on Thursday, Sept. 21, by a jury in San Bernardino, California, that found that Durham School Services and one of its drivers was mostly liable for her injuries in a school bus stop incident in 2012. The jury placed 50% of the blame on Durham, 30% on the bus driver, and 20% on the child’s mother for allowing her daughter to cross the street outside a crosswalk, court records show.

Both the girl, who was 6 years old at the time of the accident, and the driver of the car that struck her, who was traveling under the speed limit, were ruled not at fault.

The girl, who suffered a brain injury and required 24-hour care from a nurse, was awarded $20,143,291 for future economic damages, $5 million for past pain and suffering, and $11 million for future pain and suffering, according to court records.

The basis of the lawsuit was negligence. The plaintiffs alleged that Durham failed to report and prevent dangerous mid-street crossings, proving it was typical for parents and students to walk to the school bus by crossing in the middle of the block in violation of the company’s policies and procedures.

A disciplinary system is in place for such violations, according to a news release from the law firm that represented the plaintiffs, citing witnesses for both Durham and the San Bernardino City Unified School District. Under the system, students who violate the rules get a verbal warning and then a written warning. Discipline can eventually include losing school bus privileges.

In the lawsuit, the plaintiffs claimed that not only did the school bus not have its flashing lights and stop signs engaged, but the school bus drivers who were assigned to the route never reported to their superiors that it was regular practice for students to cross the street illegally to get on the bus.

The company “is supposed to be the eyes and ears of the school district to monitor all things that are unsafe that occur out at the bus stops,” said Geoffrey Wells, an attorney who represented the girl and her family.

Wells said the school district’s transportation director testified that the district relies on drivers to report dangerous conditions at bus stops, including unsafe mid-block crossings. According to Wells, although two bus drivers testified that they didn’t see the dangerous crossings, four witnesses testified that they jaywalked daily in front of the bus driver to get to the bus stop.

This verdict comes two years after another San Bernardino jury awarded $20.5 million to the mother of a 15-year-old boy who was killed while crossing five lanes of highway traffic to get to a school district designated bus stop. The driver of the car that hit him said she did not see him. He died of his injuries a few months later.

Mike Martin is executive director of NAPT.

In that lawsuit, the Chaffey Joint Union High School District attempted to place blame for the accident on the student and the driver who hit him, but the jury assigned 100% liability to the school district.

The student was walking to a school bus stop that required him to cross an uncontrolled, five-lane highway. California law prohibits bus stops “on a divided or multiple-lane highway where pupils must cross the highway to board … unless traffic is controlled.”

Several years prior, the district eliminated one of two bus stops located on either side of the highway, which reportedly forced students to cross the highway through traffic in an unmarked crosswalk without traffic signals or a crossing guard. The plaintiff’s counsel made a point to emphasize that the decision to remove the bus stop was made without alerting the California Highway Patrol or the school district’s superintendent.

The school district initially claimed that the stop it eliminated was still available on the date of the crash. The plaintiffs proved, however, that it was not. The school district re-designated it as a stop shortly after the student died.

The school district initially denied that the bus stop existed at all and refused to acknowledge or authenticate documents referring to the stop obtained by the plaintiff’s counsel. But after witness depositions revealed that the district instructed officials to routinely destroy documents at the end of every school year, San Bernardino County Superior Court Judge Brian S. McCarville ordered a hearing to reconsider the testimony of several school district employees and subsequently found new evidence on a jump drive that was submitted to the court by the school district.

Apparently emails and school bus route maps proving the stop’s existence had been misplaced originally in one of the computer folders on the drive containing attorney-client privileged correspondence and thus had not been found during the discovery phase of the lawsuit by the plaintiff’s counsel.

After the verdict, counsel for the plaintiff in the Chaffey case was quoted as saying, “I think this will be a wake-up call to school districts across the state to make sure they’re doing things legally, appropriately, and safely for the benefit of our children.”

Both of these cases are, indeed, wake-up calls. While Washington, D.C., continues to focus on safety inside the school bus, let’s not lose sight of the fact that children being struck getting on and off school buses remains the cause of more fatalities and many debilitating injuries. We must always maintain a sharp focus on preventing all forms of injury to children entrusted to us every school day. 

Subscribe to Our Newsletter

More Management

Graphic showing a U.S. map with New York marked alongside the Zum logo and the text “Zum Expands to New York.”
Managementby News/Media ReleaseAugust 24, 2026

Zum Reaches 19 States With New York Expansion

The addition of the Empire State to the student transportation company's roster marks a growing expansion in the Northeast as it scales its tech and school bus services.

Read More →
A parent uses the FirstView mobile app while helping a student with his backpack, illustrating real-time school transportation tracking and communication.
Managementby News/Media ReleaseAugust 24, 2026

First Student Updates Its Parent App

First View connects both yellow bus and alternative transportation, giving families one platform to track student trips for the new school year, with 15 languages supported.

Read More →
Back-to-school graphic featuring a chalkboard-style background with the text “Back to School: 6 Ways to Plan Ahead” and the School Bus Fleet logo.
ManagementAugust 20, 2026

The Back-to-School Checklist Every Director Should Complete Before the First Bell

Help your transportation team start the school year strong with these tips for contingency planning, communication, fleet visibility, technology, and trip management.

Read More →
Ad Loading...
Students with backpacks exit school buses and walk toward a school building as transportation staff assist with afternoon drop-off.
Managementby News/Media ReleaseAugust 19, 2026

How a New York District Cut Nearly $1M in Transportation Costs While Expanding Bus Access

A data-driven overhaul with BusRight reduced Poughkeepsie City School District's planned routes from 26 to 17 while extending school bus service to about 1,200 additional students.

Read More →
A female teacher sitting in front of elementary school classroom, giving a lesson to several students.
SponsoredAugust 17, 2026

Budgets Down, Enrollment Shifting: What the Data Says Districts Should Watch

School transportation departments face two converging challenges this year: tightening budgets and shifting enrollment. Most districts still address these issues separately, but the assumption that either trend will simplify operations is proving incorrect.

Read More →
BusRight-branded image showing students exiting a yellow school bus, with the Inc. 5000 logo recognizing America’s fastest-growing private companies.
Managementby Amanda HuggettAugust 17, 2026

These 8 School Transportation Companies Made the 2026 Inc. 5000 List

Find out which school transportation contractors, technology providers, and suppliers ranked among America’s fastest-growing private companies.

Read More →
Ad Loading...
School Bus Fleet’s The Route podcast thumbnail featuring Kellie Doyle Bailey and host Amanda Huggett with the text “Emotional Intelligence and School Bus Safety.”
ManagementAugust 14, 2026

The Link Between Emotional Intelligence and School Bus Safety

How can emotional intelligence help transportation pros navigate stress, manage change, and build stronger relationships? Listen to find out.

Read More →
School Bus Fleet’s The Route podcast thumbnail featuring Kellie Doyle Bailey and host Amanda Huggett with the text “Emotional Intelligence and School Bus Safety.”
Sponsoredby Amanda HuggettAugust 14, 2026

What Emotional Intelligence Has to Do With School Bus Safety

In this video, discover how emotional intelligence can help transportation leaders and drivers navigate stress, manage change, and build stronger relationships. The Route is sponsored by IC Bus.

Read More →
School transportation professional holding a two-way radio in front of a row of school buses, with PositionPTT radio and communication accessories pictured alongside him.
Managementby Amanda HuggettAugust 13, 2026

Beyond Two-Way Radios: School Bus Communications Evolve With Push-to-Talk Over Cellular

PRYME Radio and PositionPTT join forces to advance hands-free radio use and reduce distracted driving. See how PoC compares with traditional radios on range, cost, safety, and connectivity.

Read More →
Ad Loading...
An orange and white graphic with HopSkipDrive's logo and text reading "Districts Adjusts to Persistent Driver Shortages."
Managementby Elora HaynesAugust 12, 2026

Have School Districts Adapted to Bus Driver Shortages or Simply Accepted Less Service?

According to a recent report from HopSkipDrive, many districts appear to have recalibrated what "normal" transportation service looks like.

Read More →