Bus maker, dealer not held liable in fatal crash
LITTLE ROCK, Ark. — The Arkansas Supreme Court ruled last week that a school bus manufacturer and distributor cannot be held liable for not havin...
LITTLE ROCK, Ark. — The Arkansas Supreme Court ruled last week 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

When Every Second Matters, Clarity Keeps Routes Moving
From routine delays to urgent incidents, strong communication practices help drivers, dispatchers, schools, and families respond with confidence.
Read More →
What Happens When a School Bus Catches Fire — and What Can Help
School bus fires are rare but can be devastating. Learn how advances in fire suppression and asset protection help fleets detect fires earlier, reduce damage, and improve safety.
Read More →
Geotab Launches Tool to Help Fleets Investigate Road Incidents
Geotab Investigations combines telematics data, video, documents, and other evidence to help fleets reconstruct incidents, resolve claims, and determine what happened.
Read More →
Texas Sixth Grader Wins 2026 National School Bus Safety Poster Contest
Sai Darshana Yekolu of Moseley Middle School in Prosper, Texas, was named the newest winner for her artwork, bringing the theme of “Safe Rides, Everyday Heroes” to life.
Read More →
Doing More With Less: How Transportation Directors Can Prioritize Safety Amid Budget Uncertainty
With diesel prices soaring and nearly one-third of transportation directors expecting budget cuts, maintaining student safety has never been more challenging. Download this guide to learn how leading districts are prioritizing risk, funding critical safety technology, and building stronger budget cases with data.
Read More →
Walton County Schools Adds Gatekeeper Stop-Arm Enforcement System
The Florida district will deploy Gatekeeper’s updated Student Protector technology, which now incorporates AI to improve video evidence.
Read More →
How To Build a More Secure School Bus Yard During and After Hours
As thefts and overnight security threats continue, school transportation leaders are combining stronger operational practices with AI-enabled surveillance to better protect buses, facilities, and staff.
Read More →
FMCSA Names New Chief Safety Officer: What School Bus Operators Should Know
Steve Dowling is set to lead the federal agency's efforts to advance commercial motor vehicle safety and reduce crashes, fatalities, and injuries on the nation's roadways.
Read More →
New Study Finds School Zone Speed Safety Cameras Cut Speeding Violations 97%
A Florida university's research demonstrates that Verra Mobility's automated enforcement changes driver behavior and significantly improves school zone safety.
Read More →
What Changed in DOT’s New National Roadway Safety Strategy?
The federal agency's new plan shifts its focus to safer people, roads and vehicles, with a new three-pronged approach instead of five. One outlined action even addresses a key industry concern around illegal school bus passing.
Read More →

