Who Is Liable if My Child Is Injured in a School Bus Accident in Texas?

 Posted on August 28, 2025 in Car Accidents

On August 13, 2025, a school bus carrying more than 40 children near Austin rolled onto its side on the first day of school. Twelve people were rushed to hospitals, and families hurried to a reunification site to find their kids. Scenes like that make every parent’s heart drop, and they raise urgent questions about safety, responsibility, and who needs to pay for the aftermath.

When a bus accident happens, parents need clear answers fast. Was the bus driver at fault? Did another motorist cause the wreck? Was there a maintenance problem or a hazardous stop? Liability can be complex in these cases. If you or your child were injured in a bus accident, a Van Horn, TX personal injury attorney can help.

Common Causes of School Bus Accidents in Texas

School bus crashes rarely have a single cause. They usually stem from a mix of human error, equipment problems, and faulty road conditions. Drivers who pass a stopped bus or ignore the extended stop arm put kids at risk. Distracted or drowsy driving can lead to rear-end or side-impact crashes. Going too fast for rain, fog, or narrow rural roads makes it harder to see and stop in time. Even poor maintenance, like worn brakes or bald tires, can turn a small slip-up into a serious wreck.

Determining the cause of a school bus accident is a critical part of building a case for compensation. When you find the cause, you can identify who was at fault.

How Does Fault for a School Bus Accident Work in Texas?

Texas follows proportionate responsibility, which allows fault to be divided among multiple parties. The potentially liable parties include:

• Bus driver: If the driver was speeding, distracted, or made unsafe stops, they may be at fault, and if they work for a public school, you may have a claim under the Texas Tort Claims Act.

• Bus company: If a private contractor runs the route, the company can be responsible for the driver’s conduct and for negligent hiring, training, or supervision. Its insurance may be the primary source of coverage.

• The school: Public school districts are usually protected from lawsuits, but the law allows limited claims when a school bus’s operation causes injury. Your lawyer will check whether the motor-vehicle exception applies and what liability caps exist.

• Another driver: A motorist who cuts off the bus, ignores a stop arm, or fails to yield can be held responsible for causing the crash.

• Another driver’s employer: If that motorist was on the job, the employer may be liable for the employee’s negligence.

• The bus manufacturer or maintenance company: Defective parts or negligent repairs can place responsibility on these companies.

How Do You Prove Liability in a Texas School Bus Accident?

Proving responsibility may begin with a careful investigation. Your attorney may secure the bus company’s maintenance and route records, the driver’s training and qualification files, and any incident reports. They may request body-cam, dash-cam, and neighborhood videos before they are erased, and may download crash data from the bus and other vehicles.

Interviewing witnesses and students can paint a better picture of what happened. First-responder notes can clarify questions about the crash’s impact. Medical records may document injuries and daily life changes. Every case is slightly different. Your attorney will assess the details of your case to ensure you have everything you need to prove liability and fight for fair compensation.

Contact a Sierra Blanca, TX Bus Accident Attorney for a Free Consultation

Your family deserves clear answers and a steady advocate. At James Kennedy, P.L.L.C., Attorney James Kennedy is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction earned by fewer than three percent of Texas attorneys. He will advocate for you and your family all the way to trial if necessary. Call 915-544-5200 for a free consultation with a Van Horn, TX bus accident lawyer who cares. Our team will investigate fast, identify every responsible party, and handle insurers while your child focuses on recovery. Se habla Español.