School Bus Safety: Can Texas Schools Be Held Liable for Injuries in a Crash?
School buses are widely considered one of the safest modes of transportation for children, but recent crashes in Texas have raised concerns about whether schools are doing enough to protect students. The March 22, 2024, crash in Bastrop County, which involved a concrete pump truck colliding with a Hays County school bus, left two people dead and dozens injured. This tragic incident has renewed discussions about seat belt mandates on school buses and whether school districts can be held liable for injuries when safety measures are inadequate.
At Hoover Rogers Law, LLP, we help families understand their legal rights when a child is injured due to a school bus accident. If negligence contributed to a crash—whether it’s a lack of seat belts, unsafe driving, or poor bus maintenance—families may have legal options to seek compensation for medical expenses, pain and suffering, and other damages.
Are Texas Schools Required to Have Seat Belts on School Buses?
Texas law has required seat belts on newly purchased school buses since 2017, but many older buses still operate without restraints. According to a 2023 analysis by the American-Statesman, only a handful of Central Texas school districts have fully equipped their fleets with seat belts.
State Sen. José Menéndez has proposed expanding the existing law to require that all school buses be equipped with seat belts, arguing that such a measure could prevent injuries and save lives.
“We just believe that having them physically restrained in their seats would help minimize – mitigate – any potential harm to the children,” Menéndez told the American-Statesman. "It's just common sense."
However, funding remains a major concern. School districts, especially in rural areas, cite budget constraints as a reason for the slow transition to fully equipped buses.
"When it comes to seat belts, we want to get them there as fast as possible, but you only have so much of the pie to work with in terms of funding," said Randy Willis, Executive Director of the Texas Rural Schools Association.
This debate highlights a critical legal question: If a child is injured in a school bus crash where seat belts were not provided, can the school district be held responsible?
When Can a School Be Held Liable for a Bus Accident?
While school districts are typically protected by governmental immunity, they can still be held liable under certain circumstances. Schools owe a duty of care to ensure that children are transported safely, and if negligence leads to a crash or worsens injuries, families may have legal grounds to pursue a personal injury lawsuit.
1. Lack of Seat Belts and Other Safety Features
If a school district fails to install seat belts or ignores state safety regulations, and a child suffers preventable injuries in a crash, the district may be found negligent.
In the Bastrop County crash, parents were outraged to learn that the Hays Consolidated School District deployed a bus without seat belts for a 25-mile trip on a busy highway. The district later expedited plans to equip all its buses with seat belts in response to public pressure.
While Texas law does not yet require older buses to be retrofitted, a lack of proper safety equipment could still be considered negligence, especially when other precautions (like proper driver training and supervision) are not in place.
2. Negligent Bus Drivers and Lack of Training
Schools are responsible for hiring and properly training their bus drivers. If a crash is caused by:
- Distracted or impaired driving
- Lack of proper training
- Failure to follow traffic laws
…then the school district may be liable for negligent hiring or supervision.
3. Poor Maintenance and Defective Equipment
Buses must be properly maintained to ensure brakes, tires, and mechanical systems are in safe working condition. If an accident occurs due to mechanical failure, and an investigation reveals that the district failed to conduct routine inspections, the school could be held responsible.
What Compensation Can Families Seek After a School Bus Accident?
When a child is injured in a school bus crash, families may face overwhelming medical expenses, emotional trauma, and long-term rehabilitation costs. Depending on the severity of the injuries, legal claims may seek compensation for:
- Medical expenses (emergency care, surgeries, therapy)
- Pain and suffering
- Emotional distress and PTSD
- Long-term rehabilitation costs
- Wrongful death damages (if the crash results in a fatality)
At Hoover Rogers Law, LLP, we believe that school districts must be held accountable when their failure to implement basic safety measures leads to serious injuries or loss of life.
What Should Parents Do If Their Child Was Injured in a School Bus Accident?
If your child was injured in a Texas or Oklahoma school bus crash, taking the right steps can help protect their rights and strengthen your case:
1. Seek Medical Attention Immediately
Even if injuries seem minor, children should receive a full medical evaluation. Some injuries—such as concussions or internal trauma—may not be immediately apparent.
2. Document the Incident
- If possible, take photos of the crash site, bus damage, and any visible injuries.
- Collect witness statements from other students, parents, or bystanders.
- Request a copy of the accident report from the school district or law enforcement.
3. Speak With a School Bus Accident Lawyer
Navigating a personal injury claim against a school district can be challenging, as government immunity laws may limit liability in certain cases. However, experienced attorneys can investigate the case, determine negligence, and fight for the compensation your family deserves.
At Hoover Rogers Law, LLP, we stand with families who have suffered due to preventable school bus accidents. We provide compassionate legal guidance and are prepared to fight for justice on your behalf.
Talk to a School Bus Injury Lawyer Today
The Bastrop County crash highlighted serious safety failures in Texas school bus policies. If your child was injured due to a school district’s negligence, you may be entitled to compensation.
At Hoover Rogers Law, LLP, we fight for families in Wichita Falls, TX, and Lawton, OK, holding schools, bus companies, and other responsible parties accountable for unsafe transportation practices. Contact us today for a free consultation. Let us help you take the next steps toward justice.
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