School Bus Accident Attorney
For many parents, seeing their child safely onto the school bus is a task that seems to end the moment they set foot on the bus. Parents hand over the trust of caring for their children without a second thought, expecting their child to arrive at school and come home again without incident. But when a careless driver or a crash interrupts what should be a standard part of your daily routine, it can shake you to your core.
Louisiana law recognizes how much is at stake when children ride the bus. School buses fall under the state’s “common carrier” doctrine, which holds bus drivers and operators to the highest degree of care the law allows, not just the reasonable care expected of an ordinary motorist. If your child was hurt while riding on, boarding, or exiting a school bus, you have legal options, and Roy Injury Law is here to walk you through them.
About Roy Injury Law
Roy Injury Law is a third- and fourth-generation family firm serving Alexandria and the greater Rapides Parish community. Chris J. Roy, Jr. has spent more than 30 years representing injured Louisianans in cases involving catastrophic injuries, medical malpractice, and negligence. His son, John J. Roy, continues that family tradition, bringing fresh energy and the same devotion to the families they serve.
Unlike firms that advertise heavily on television and hand cases off to paralegals, Chris and John work each case personally, treating clients like neighbors rather than file numbers. The firm takes cases on contingency, so families pay nothing upfront and owe nothing unless Roy Injury Law wins their case. Every consultation is free and carries no obligation.
Who We Serve
Families contact us after all kinds of school bus incidents. Common situations include:
- Children hurt in a bus crash: The bus may have been rear-ended, sideswiped, or involved in a collision caused by speeding, distraction, an unsafe turn, or driver error. Children can be thrown into windows, the aisle, or other passengers during impact.
- Children injured boarding or exiting the bus: A child may have been struck by the bus itself or by a passing vehicle. Alternatively, they may have been injured while crossing near the bus, hurt falling from the steps, caught in the doors, or dropped off at a location where normal loading procedures were not followed.
- Children hurt inside the bus without a collision: A child can fall, get thrown from a seat, strike part of the bus, or collide with another passenger because of a sudden stop, a sharp turn, speeding, rough road conditions, or just general unsafe driving practices, even when no other vehicle is involved.
Understanding Louisiana Law and the Claims Process
Why School Buses Carry a Higher Legal Standard
Louisiana treats school buses as common carriers, the same legal category that applies to buses, trains, and taxis that transport the public. Because parents and children place their safety entirely in the hands of a driver they don’t know, the law demands more from that driver.
Louisiana courts have been direct about this. A common carrier must exercise the highest degree of care, and when a passenger is injured, the law presumes negligence. The burden then shifts to the school board or bus operator to prove they did nothing wrong.
This presumption has made a real difference in actual cases. In one Avoyelles Parish lawsuit, a school board was held liable after a bus got stuck in wet grass and a child was injured bracing against a seat during the recovery effort.
The 30-Foot Stop Law
Louisiana Revised Statute 32:80 requires drivers who are nearing a stopped school bus with flashing lights and an extended stop arm to stop at least 30 feet away. They must remain stopped until either the lights shut off or the bus moves again. Drivers on a four-lane roadway with a physical barrier or raised median separating them from the bus are generally exempt, but a center turn lane alone does not count as a dividing barrier.
Violating this law carries escalating penalties, including fines up to $5,000 and license suspension of up to 360 days when a violation causes a death.
Loading and Unloading Rules
Many injuries happen outside the bus entirely, while a child crosses the road or waits at a stop. Louisiana Revised Statute 17:158 requires school boards to set policies addressing where students can safely load and unload, and it prohibits stops that would force a child to cross an uncontrolled roadway on a divided highway. When these policies are ignored or a stop location is chosen without regard for sight lines and traffic, liability can follow.
Suing a School Board
Because most school buses are owned by public school boards, families often worry their hands are tied. Louisiana Revised Statute 13:5106 does cap general damages against the government at $500,000 and requires most claims to be decided by a judge instead of a jury.
However, these rules do not prevent a family from recovering compensation. They simply change the path. Formal notice must often be given to the public entity within specific windows, which is one of many reasons families benefit from involving a lawyer early rather than waiting.
Who Can Be Held Responsible?
Fault in a school bus case does not always rest with the obvious party. Depending on what happened, responsibility may fall on:
- The bus driver, for speed, inattention, poor stop selection, or unsafe loading procedures.
- The school board or transportation contractor, for inadequate hiring, training, supervision, or maintenance.
- Another motorist, for passing improperly, following too closely, or ignoring warning signals.
- A maintenance provider or parts manufacturer, if a mechanical or equipment failure contributed to the injury.
Determining the right defendant requires reviewing route records, driver files, maintenance logs, and onboard video, all of which Roy Injury Law can obtain and go over on your family’s behalf.
Deadlines for Filing a Claim
Louisiana generally allows two years from the date of injury to file a delictual (personal injury) lawsuit, according to Louisiana Civil Code article 3493.1. Claims against a public school board often carry shorter notice requirements, and the timeline can shift depending on the specific facts of the case. Waiting to speak with an attorney risks losing evidence and, in some cases, losing the right to recover compensation entirely.
Why Choose Roy Injury Law?
- Decades of Local Experience: With more than 30 years representing injured families in Rapides Parish and beyond, Chris J. Roy, Jr. and John J. Roy understand Louisiana’s common carrier laws and how local school boards and courts handle these claims.
- Direct Attorney Access: You will work directly with Chris and John, not a team of paralegals. We answer your questions personally and keep you informed throughout your case.
- No Upfront Cost: We handle every case on a contingency basis. You owe nothing unless we recover compensation for your family.
- We Come to You: Whether you need to meet at home, in the hospital, or at our office, we work around your family’s needs while your child recovers.
- A Family Firm Serving Families: As third- and fourth-generation Louisiana attorneys, we are personally committed to the well-being of the families in our community, not just the outcome of a case file.
Get Help After a School Bus Accident
No parent should have to piece together Louisiana’s common carrier laws, school board immunity rules, and filing deadlines while also caring for an injured child. Roy Injury Law can help you understand what happened, who may be responsible, and what compensation your family may be owed for medical bills, pain, and the disruption this accident has caused.
Schedule a free, no-obligation consultation to discuss your child’s case with us today.
Frequently Asked Questions
Not always. While the school board often owns and operates the bus, responsibility can also fall on a private transportation contractor, another driver, or even a maintenance provider, depending on what caused the injury. An investigation into route records, driver files, and video evidence usually clarifies who was operating the bus at the time of the injury and may indicate who is to blame.
These injuries are still covered under Louisiana’s school bus safety laws. The 30-foot stop requirement under Louisiana Revised Statute 32:80 and the loading zone rules under Louisiana Revised Statute 17:158 exist specifically to protect children during boarding and exiting. If those protections failed, the bus driver, another motorist, or the school board may share fault.
Yes. While Louisiana law caps general damages against public entities at $500,000 and typically assigns these cases to a judge rather than a jury, families can and do recover compensation. The process simply follows different rules than a claim against a private individual.
Depending on the facts of your case, compensation may cover medical expenses, future care needs, pain and suffering, and in some situations, a parent’s documented economic losses related to the child’s injury. An attorney can evaluate your child’s medical records and the circumstances of the accident to outline what may be available.
Seek medical attention for your child first. Then document what you can: the date, time, location, bus number, and any witnesses. Louisiana regulations require school bus drivers to report all accidents, even minor ones, so a written report should exist. Contact an attorney as soon as possible to help preserve video footage, GPS data, and other evidence before it is lost.