Every school day, yellow buses fan out across Valley Stream: to the elementary schools in the village’s several districts, to the middle schools, and to Valley Stream Central High School on Fletcher Avenue and the other high schools in the Central district. They stop at corners along Rockaway Avenue, Merrick Road and Sunrise Highway, extend their stop arms, and load children who are often too small to see over a car’s hood.
School buses are among the safest vehicles on the road for their passengers. But crashes still happen, and children are hurt boarding, exiting and crossing near buses more often than inside them. If you get that phone call, you will have questions and little time. This handbook, from a school bus accident lawyer in Valley Stream, is written for parents: what to do first, who is responsible, and which deadlines cannot be missed.
Chapter 1: The First Hours
- Get to your child and get medical care. Even if your child seems fine, have them evaluated, especially for head, neck or abdominal injuries, which can be hidden. Children may not describe pain clearly.
- Ask what happened. Let your child tell you in their own words, and write it down. Children’s memories fade and can be influenced by others.
- Get the details. Bus number, route, the bus company (if it is a contractor), the driver’s name, and the location of the crash or incident.
- Get the police report number. In Valley Stream, the Nassau County Police Department typically responds, with the Fifth Precinct covering the area.
- Contact the school and district and ask for a copy of any incident report.
- Identify other children and adults who saw it. Other parents, crossing guards and bus aides are valuable witnesses.
Chapter 2: Who Runs the Bus?
School transportation in Nassau County is provided in different ways. Some districts own and operate buses with district-employed drivers. Many contract with private bus companies. Some students ride to private, parochial or charter schools on buses provided by their district of residence. The answer determines who is responsible and what deadlines apply:
- Public school district: a public entity. A Notice of Claim must generally be served within 90 days under General Municipal Law Section 50-e and Education Law provisions, and a lawsuit filed within one year and 90 days.
- Private bus contractor: a private company, generally subject to the standard three-year limit for personal injury claims (and tolled for minors), though the district may also be a party.
- Both: often both the contractor and the district are potentially responsible, so lawyers serve notice on the district within 90 days to protect the claim.
Chapter 3: The Most Common School Bus Injuries
Struck while crossing to or from the bus
The most dangerous moments are boarding and exiting. Children crossing in front of a stopped bus can be struck by drivers who illegally pass the bus, or by the bus itself if the driver cannot see them in the “danger zone” around it.
The law: New York Vehicle and Traffic Law Section 1174 requires drivers in both directions to stop for a school bus with red lights flashing, whether on a divided highway or not, and to remain stopped until the lights stop flashing. Passing a stopped school bus brings significant penalties, and many districts now use stop-arm cameras to catch violators. A driver who passes a stopped bus and hits a child is clearly negligent.
Crashes involving the bus
Collisions with cars and trucks on Sunrise Highway, Rockaway Avenue and Merrick Road. Children inside school buses are protected by “compartmentalization,” closely spaced, high-backed padded seats, but injuries still occur, especially in side impacts and rollovers.
Injuries inside the bus
Falls during sudden stops, injuries from defective seats or emergency exits, and incidents between students where supervision was inadequate.
Drop-off at the wrong stop or an unsafe location
Children let off at an unsafe spot, or without a required adult present for young students, can be hurt walking home.
Chapter 4: The Legal Rules That Protect Children
- Duty of care: School districts and bus companies owe students a duty of reasonable care in transporting them, and districts have a duty to adequately supervise students in their charge, including during loading and unloading.
- Common carrier principles: Bus operators must exercise reasonable care for passengers’ safety.
- Children’s standard of care: Children are judged by what is reasonable for a child of similar age and experience, not an adult. Very young children may be found incapable of negligence.
- Statute of limitations tolling: For minors, the general three-year statute of limitations is tolled until the child turns 18 (CPLR 208). But this does not eliminate the 90-day Notice of Claim requirement against a public district; courts have discretion to allow late notice for infants, but it is not guaranteed. Do not wait.
Chapter 5: No-Fault and Insurance
No-fault rules for buses are technical. Buses are generally excluded from the definition of motor vehicle for no-fault benefits to bus occupants, so a child injured inside a school bus may need to look to a household auto policy for no-fault benefits, or the claim may proceed directly against the responsible parties. A child struck by a car while crossing to the bus is generally entitled to no-fault benefits through a household policy or the striking vehicle’s policy. A lawyer can sort out the coverage quickly.
Chapter 6: Settlements for Children
In New York, any settlement of a minor’s injury claim must be approved by a court through an infant compromise proceeding. The judge reviews the settlement to make sure it is fair and protects the child. Funds are typically deposited into a restricted account or structured settlement until the child turns 18, with limited exceptions for the child’s needs. Parents may have their own claim for medical expenses they paid and for loss of the child’s services.
Chapter 7: Evidence to Request
- School bus video, from interior and exterior cameras and stop-arm cameras.
- Bus route, stop and timing records.
- Driver qualifications, training and records. New York school bus drivers must meet special requirements under Vehicle and Traffic Law Article 19-A.
- Maintenance and inspection records. School buses in New York are inspected by the state Department of Transportation.
- District incident reports and transportation policies.
Preservation requests should go out immediately to the district and any contractor.
Chapter 8: Deadlines
- Notice of Claim against a public school district: 90 days.
- Lawsuit against a district: generally one year and 90 days (tolled in some respects for infants, but act early).
- Claims against private contractors and drivers: generally three years, tolled until age 18 for minors.
- No-fault application, where applicable: 30 days.
For school bus safety rules, see the New York DMV school bus safety page. For federal information, see NHTSA school bus safety.
For Valley Stream Families
Mushiyev Law is just west of Valley Stream in Rosedale. We represent children and families after school bus crashes, serve the required notices on time, and guide parents through the court approval process. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Valley Stream to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From Valley Stream Central High School, head to Sunrise Highway west into Rosedale and follow it to Cross Island Plaza.
Chapter 9: Talking to Your Child After a Crash
Children process frightening events differently from adults. After a school bus crash, a child may seem fine at first and then become anxious about riding the bus, have trouble sleeping, or complain of stomachaches before school. These reactions are common and deserve attention. Talk with your pediatrician, and consider a referral to a counselor if symptoms persist. Emotional effects connected to physical injuries are part of what the law recognizes as pain and suffering, and they should be documented in your child’s medical records.
When you ask your child about what happened, use open questions, such as “What do you remember?” rather than leading ones like “Did the driver go too fast?” Write down their answers in their own words. If a lawyer or investigator later needs to talk with your child, they should do so gently, with you present.
Chapter 10: Working With the School
Parents sometimes worry that bringing a claim will create tension with the school their child still attends. Claims are typically handled by the district’s or contractor’s insurers and lawyers, not by teachers or principals. Your child’s education should not be affected, and retaliation would be improper. If your child needs accommodations during recovery, such as an elevator pass, modified physical education or home instruction, ask the school in writing. Those records also document the injury’s impact.
Chapter 11: Preventing the Next One
Teach children the “danger zone”: the ten feet around the bus where drivers have trouble seeing. Children should take five giant steps away from the bus when exiting, cross only in front of the bus where the driver can see them and after the driver signals, and never go back for a dropped item without telling the driver. Drivers in Valley Stream should treat every stopped school bus as a red light, in both directions. Many crashes near buses happen in a split second when a driver is rushing; a few seconds of patience protects a child’s life.
Frequently Asked Questions
What should I do if my child was in a school bus accident in Valley Stream?
Get your child medical care, write down what they tell you, gather bus details and the police report number, ask the school for an incident report, and contact a lawyer quickly because of the 90-day notice deadline for districts.
Who is responsible for a school bus accident?
Potentially the school district, a private bus contractor, the bus driver, and any other driver involved, such as someone who illegally passed the stopped bus.
Do I have to file a notice of claim against the school district?
Yes. You generally must serve a Notice of Claim within 90 days to preserve a claim against a public school district.
Is it illegal to pass a stopped school bus in New York?
Yes. Drivers in both directions must stop for a school bus with red lights flashing and remain stopped until the lights stop.
Does a court have to approve my child’s settlement?
Yes. New York requires court approval of settlements for minors, and funds are usually held until the child turns 18.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.