Every school day in New Jersey, over 800,000 students ride on nearly 16,000 school buses. While statistically riding the school bus is safer than traveling by car, accidents do still happen, and when they do, they cause catastrophic injuries to pedestrians, other drivers, and even students on board.
New Jersey has strict safety laws for both drivers and student passengers to prevent negligent accidents before they happen. Both motorists and passengers have legal responsibilities, and when those responsibilities are ignored, the results can be devastating.
When Drivers Must Stop for School Buses in New Jersey
Under N.J.S.A. 39:4-128.1, New Jersey law requires motorists to stop for school buses with their red lights flashing and stop arm extended. The statute is designed to protect children as they board or exit the bus, so when a school bus indicates a pickup or drop off, all drivers must stop at least 25 feet away from the bus and wait.
Drivers can only continue on after the students have entered or exited the bus and safely crossed the road, or until the bus has turned off its lights and retracted its stop arm. The rule applies to vehicles approaching from both directions, unless the lanes of traffic are divided by physical barriers such as a median.
The law is slightly different if a school bus stops directly in front of a school to pick up or drop off children. In that situation, drivers must slow down to no more than 10 miles per hour while passing the bus. Still, the safest choice is always to stop completely until the bus is ready to move safely.
The key points for drivers are:
- Stopping requirement: Drivers must stop at least 25 feet away when a bus stops to pick up or drop off students.
- Both directions: Drivers traveling in either direction must stop, unless on a divided highway with a physical median or barrier.
- Yellow lights: Flashing yellow lights mean the bus is preparing to stop. Drivers must slow down and prepare to stop.
- Penalties: There is a possibility of receiving fines, motor vehicle points, license suspension, and increased penalties for repeat offenders.
The law is designed to give children a safe zone to cross and for drivers to remain fully aware of their surroundings. Passing a stopped bus is not only illegal, but extremely dangerous and careless because it places children directly in harm’s way, which can have devastating results.
Where Do Buses Stop, and What Risks Do They Present?
Buses typically stop at designated bus stops near schools, neighborhoods, and intersections. School buses are also legally required to stop at every railroad crossing, whether or not a train is approaching. This law exists because buses carry dozens of children, and failing to stop could have catastrophic consequences.
Children struck by passing vehicles or even their own school buses account for many accidents that cause serious injuries. When driving behind school buses, other drivers on the road should be prepared to make frequent stops, slow down, and give extra space to avoid rear-end collisions and to let students cross without fear.
School Bus Drivers’ Responsibilities
While bus accidents can happen for many reasons, it’s important to remember that New Jersey school bus drivers are trained professionals who are held to a higher duty of care and legal and ethical standards than other commercial drivers. These types of crashes are not just accidents; they’re negligence, and those who have suffered injuries, lost wages, and medical bills should reach out to an experienced New Jersey school bus accident attorney as soon as possible to start building a case to recover compensation for losses and damage caused by the accident.
Davis, Saperstein & Salomon, P.C., Founding Partner Marc C. Saperstein, Esq., has handled some of the most serious and high-profile bus crash cases in the country, including a collision involving several students injured in the 2018 Paramus school bus crash on Route 80 in Mount Olive, NJ. As a member of both the New Jersey Bar and the New York Bar, Marc is nationally recognized for his work as an extremely skilled truck and bus accident attorney and has dedicated decades to advocating and supporting victims of bus and other private operator accidents.
Marc C. Saperstein, Esq. ’s team of New Jersey bus accident attorneys has years of experience investigating bus crashes and uncovering the truth. Beyond handling paperwork, skilled bus accident attorneys will uncover the truth of what happened, push back against unfair insurance, and fight for compensation deserved.
An experienced NJ school bus attorney will:
- Investigate the accident scene, interview witnesses, reconstruct the crash, gather the full police report, and any information from the school buses’ Event Data Recorder (EDR) or black box.
- Identify all responsible at-fault parties that contributed to the accident.
- Communicate with insurance companies.
- Gather medical records and proof of damage.
- Help clients recover from their injuries, money for medical expenses, lost income, property damage, and pain and suffering.
NJ school bus drivers are responsible for the safety of hundreds of students every day, and when that trust is broken, whether due to any form of negligence, the consequences can be life-altering.
According to Marc Saperstein, Esq., “It’s important to understand that school bus drivers in New Jersey are trained professionals who are held to a higher legal and safety standard than other bus drivers.” Saperstein further said, “These types of crashes are not just accidents; they are caused by negligence, and those victims who suffered injuries, lost wages, and now have medical bills should reach out to an experienced New Jersey school bus accident attorney as soon as possible to start building their case.”
Operating a school bus through busy traffic, streets, and school areas requires thorough and detailed training, strict adherence to safety protocols, and constant focus on keeping students safe.
Student Safety on New Jersey School Buses
New Jersey also has rules to protect students on the bus. In 2018, the seatbelt law on buses was strengthened to require lap and shoulder seatbelts rather than just lap belts. Students riding school buses in New Jersey are legally required to wear these seatbelts at all times.
New Jersey’s safety laws will be even more effective if students practice safe behaviors on, near, and around the road, especially near school buses. According to the National Highway Traffic Safety Administration (NHTSA), the most dangerous part of a school bus ride is outside the bus, in the “danger zone,” which extends about 10 feet around the bus. Children should wait for the bus at least six feet from the curb, staying alert, calm, and away from traffic. Running or playing near the road dramatically increases the risk of accidents.
All students should follow safety rules, for example:
- Wait safely: Stand at least 6 feet from the curb until the bus has fully stopped.
- Board carefully: Use handrails, avoid running, and never push when entering.
- Stay seated and belted: Remain in your seat with your belt fastened throughout the ride.
- Cross safely: Always cross in front of the bus, after making eye contact with the driver.
- Exit properly: Walk, don’t run, off the bus, and move away from the danger zone immediately.
How Parents Can Reinforce Bus Safety
Parents have an essential role in making sure these rules are both understood and followed before their children start school. Talking to students about the “10-foot rule” staying at least 10 feet away from the front, back, and sides of the bus, or out of the danger zone, to keep them visible to the driver at all times. Just as importantly, children learn by watching adults, so parents who drive near buses should set an example by following the law themselves and respecting school bus safety laws.
Why Choose our New Jersey Bus Accident Attorneys?
Even with laws in place, accidents still happen. Sometimes, it is due to careless drivers who ignore the flashing yellow lights and stop signs, sometimes due to bus driver negligence, and other times because of mechanical failures or poor road conditions. When these accidents occur, the consequences can be devastating for children and families.
After a serious school bus accident, victims and families often don’t know where to turn or what their legal rights are. If you or a loved one has been impacted by a school bus accident, you don’t have to go through it alone. At Davis, Saperstein & Salomon, P.C., Marc’s team of New Jersey school bus accident attorneys and New Jersey personal injury lawyers has years of experience investigating devastating school bus accidents and uncovering the truth.
With over $1 billion recovered in verdicts and settlements for more than 35,000 clients and their families, the firm has extensive experience handling school bus accident cases, including some of New Jersey’s most devastating tragedies. Their skilled New Jersey school bus lawyers will work with experts to determine cause and parties responsible for the accident, so victims can focus on healing and getting back on their feet.
Contact Our NJ School Bus Accident Lawyers for Help
The attorneys at Davis, Saperstein & Salomon, P.C. in New Jersey and New York are here to guide you through the process, protect your rights, and fight for the compensation you deserve. Call us today or visit our New Jersey school bus accident attorney page to schedule a free consultation.
We believe no one should suffer because of someone else’s reckless conduct.
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Clients seeking experienced personal injury lawyers near Teaneck, Newark, Colonia, Pennington, Jersey City, Hackensack, Princeton, Bergen County, Morris County, Passaic County, Essex County, Union County, or anywhere in the New Jersey or New York City area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com.
To speak with Marc Saperstein Esq., for a free, no-obligation, consultation or second opinion, he can be contacted at (800) 529-2000 or at Marc.Saperstein@dsslaw.com to schedule a meeting.
Our firm offers free, confidential, and no-obligation, consultations or second opinions, and has offices throughout New Jersey and New York City. We take cases on a contingency basis, meaning clients pay nothing unless the firm wins their case. Contact us today to get started.