School Zone Accident Lawyer: When a Driver Hits a Child Walking To or From School

Your family's rights after a school zone crash

When a driver hits a child in a school zone, the driver is usually responsible for the child's medical care, future treatment and pain and suffering, and the claim belongs to the child with a parent acting on their behalf. Pennsylvania's school zone speed limit and school bus stopping rule give strong evidence of what a careful driver should have done.

These cases differ from other pedestrian claims in practical ways: the injured person is usually a minor, the crash may involve a school bus or a crossing guard, and the deadlines work differently for the child than for the parents. Each is covered below.

The school zone rules drivers must follow

Several Vehicle Code sections apply around schools:

• Speed: when passing through a school zone established under PennDOT rules and marked with signs, no one may drive faster than 15 miles per hour (75 Pa.C.S. § 3365(b)). The zone is active only during the hours the signs or flashing lights show.
• School buses: a driver meeting or overtaking a stopped school bus with flashing red lights and its stop arm out must stop at least 10 feet away and may not move until the lights go off and children have reached a place of safety (75 Pa.C.S. § 3345(a)). This rule applies on public roads and on other places open to vehicle traffic.
• Crossing guards: drivers must obey the lawful directions of an appropriately attired person authorized to direct traffic (75 Pa.C.S. § 3102).
• Crosswalks: the ordinary pedestrian right-of-way rules still apply, including yielding at crosswalks without working signals (75 Pa.C.S. § 3542).

Philadelphia's school zone speed cameras and your case

Pennsylvania authorized Philadelphia to run a pilot program of automated speed cameras in up to five designated school zones, set to expire at the end of 2029 (75 Pa.C.S. § 3371). Families often assume the camera footage will prove the driver was speeding. It may not be available. The statute says information from the program, including recorded images, is not discoverable and may not be offered as evidence in a proceeding that is not directly related to a violation under that section.

That makes other evidence more important: video from homes and businesses near the school, the school's own exterior cameras, crossing guard and bus driver statements, and witnesses among other parents at drop-off. School buses can also have cameras, and a bus operator who sees a driver pass a stopped bus may file a written report with police within 48 hours (75 Pa.C.S. § 3345(a.1)). Ask for those records early.

When a school bus or district vehicle is involved

If the vehicle that hit your child belonged to a school district or a municipality, the claim is against a local agency. Pennsylvania allows those claims for the negligent operation of an agency's motor vehicle (42 Pa.C.S. § 8542(b)(1)), but written notice is generally required within 6 months (42 Pa.C.S. § 5522). Total damages are capped at $500,000 per occurrence, and pain and suffering is recoverable only for death or certain permanent injuries with medical expenses over $1,500 (42 Pa.C.S. § 8553). Many buses are run by private contractors, which are not covered by those limits. Identifying the owner is one of the first things a lawyer checks.

Whether the crash is in Upper Darby, Drexel Hill, Lansdowne or Yeadon, it is usually filed in the Delaware County Court of Common Pleas in Media. A crash near a school in Overbrook, Cobbs Creek or Kingsessing usually belongs in the Philadelphia Court of Common Pleas.

Deadlines when the injured person is a child

For an injured child, the 2-year deadline to sue generally does not start until the child turns 18 (42 Pa.C.S. §§ 5524, 5533(b)). That does not mean waiting is wise. Video is recorded over, witnesses move, and a government notice deadline of 6 months can apply regardless of the child's age. Parents also carry the child's medical bills now, and those bills should be sent to the correct auto insurer through first-party benefits (75 Pa.C.S. § 1713).

If your child was hurt, write down the time, the school, the crossing location, whether the school zone lights were flashing and who was on duty. Keep the child's backpack and clothing. Then call (267) 412-4601 or send the free case review form.

Your Legal Warrior works on a 100% contingency fee: no attorney fee unless we recover, all case costs advanced by the firm and repaid only from a recovery, and nothing owed if there is no recovery.