When you send your child off to school, you assume they will be safe. This is especially true within the confines of the school zone, a place with designated rules to keep students, staff, and the public safe. However, accidents happen even when there are enhanced traffic regulations in place to prevent tragedy. If your child or other loved one was hit by a car or injured in an accident within a school zone, you have options, and you do not have to face this obstacle alone. Our experienced New York school zone pedestrian accident lawyer is here to guide you. 

Contents hide
1 New York School Crosswalk Safety
2 Who Can Be Held Liable in a School Zone Accident?
2.1 Drivers
2.2 Schools and School Districts
2.3 Local Governments or Municipalities
2.4 School Bus Drivers
3 What to Do If Your Child Is Injured in a School Zone Accident
3.1 Seek and Continue Medical Care
3.2 Gather Evidence
3.3 Consult an Experienced New York Accident Lawyer
4 Compensation for a School Zone Pedestrian Accident
4.1 Economic Damages
4.2 Noneconomic Damages
5 Child Pedestrian Injury Attorney

New York School Crosswalk Safety

New York law imposes strict traffic regulations within school zones to protect pedestrians, including school crosswalk laws. School crosswalk safety includes using marked crosswalks, obeying traffic signals for both pedestrians and drivers, looking both ways, and making eye contact with drivers. Drivers must also obey lower speed limits and yield to pedestrians. School districts must have school crossing guards available at intersections to facilitate safe crossing. 

Who Can Be Held Liable in a School Zone Accident?

Determining fault in a school zone accident depends on the specific circumstances. More than one party may share responsibility. Below are the main groups that could be held liable.

Drivers

Motorists are the most frequent cause of school zone accidents. Negligent driving may include:

  • Speeding through a school zone;
  • Ignoring flashing lights on a stopped school bus;
  • Driving while distracted, such as texting or talking on the phone; and
  • Running a red light or stop sign near a school.

When a driver’s carelessness leads to a crash, they may be held responsible for injuries to pedestrians, cyclists, and others.

Schools and School Districts

Schools or districts may also be liable if unsafe conditions contributed to the accident. This can include:

  • Lack of clear warning signs or flashing signals in school zones,
  • Too few crossing guards during busy pick-up and drop-off times, and
  • Poorly maintained sidewalks or crosswalks.

A school or district may share liability for resulting injuries if it fails to provide reasonable safety measures.

Local Governments or Municipalities

Cities and counties are responsible for maintaining safe roads and traffic control devices. They may be liable when accidents are linked to:

  • Poorly designed or maintained roadways,
  • Missing or obstructed traffic signs, or
  • Faded or unclear crosswalk markings.

If hazardous road conditions play a role in an accident, the municipality may be a responsible party.

School Bus Drivers

Bus drivers must follow strict safety rules to protect children. Liability may arise if a driver:

  • Fails to stop when students are boarding or exiting,
  • Operates the bus recklessly, or
  • Disregards traffic laws designed to protect pedestrians.

When a bus driver’s negligence causes harm, they or the school district that employs them may be held accountable.

What to Do If Your Child Is Injured in a School Zone Accident

If your child or you are injured in a school zone accident, you are likely feeling confused, anxious, and perhaps a bit angry that this happened in a place that is supposed to be safe. Familiarizing yourself with what to do after a school zone accident can help you regain control and feel more prepared for the days, weeks, and months to come. 

Seek and Continue Medical Care

You likely received immediate emergency medical care, but continuing with care, following up with specialists, and listening to doctors’ orders is essential to your overall, long-term healing. This may include:

  • Continued diagnostics (e.g., MRIs, CT scans);
  • Physical therapy and rehabilitation;
  • Prescription medication; and
  • Surgery.

Depending on the severity of injuries, you may need significant, prolonged medical care. Remember to always keep copies of your bills and medical records. 

Gather Evidence

In addition to keeping copies of medical records, you should collect evidence regarding the accident that can help your case later, including:

  • Police reports;
  • Eyewitness contact information and statements;
  • Video surveillance; and
  • Notes memorializing the weather, traffic conditions, and any other relevant facts about the scene.

If you do not have any of these documents, do not worry. This is where we come in. Our team will request records and gather the necessary documentation and evidence to support your case. 

Consult an Experienced New York Accident Lawyer

One of the most critical steps after a school zone accident is to consult a seasoned New York injury attorney to discuss your options. The sooner you act, the more likely you are to preserve key evidence. It also ensures memories are fresh and you do not miss filing deadlines. In New York, you generally have three years to file a lawsuit. However, there are important exceptions that may significantly shorten that time.

Meeting with an experienced lawyer early on will ensure you are preserving your rights. 

Moving forward with these steps in mind can help you feel less anxious as you navigate an unfamiliar process. 

Compensation for a School Zone Pedestrian Accident

If you are injured in a school zone pedestrian accident, you may be entitled to significant compensation, including economic and noneconomic damages.

Economic Damages

Economic damages compensate a victim for their calculable financial losses. These include medical bills, lost wages, and any property damage. These damages are usually fairly easy to calculate using receipts, invoices, and estimates.

Noneconomic Damages

Noneconomic damages, on the other hand, are intended to compensate a victim for their subjective intangible losses. These include:

Depending on the specific circumstances, noneconomic damages can sometimes be more substantial than economic damages. However, they can be more challenging to prove because they are unique to the individual. For instance, two people with almost identical injuries may experience different levels of pain and suffering or emotional distress. It is vital to have an experienced attorney advocating on your behalf.

Child Pedestrian Injury Attorney

With decades of experience, we will fight to get you the justice and compensation you deserve. Do not just take our word for it; check out our reviews to read about our success stories and what our past clients think about us. Then, contact us today for a free case evaluation and find out for yourself.

Mike Greenspan

A dedicated attorney with bar admissions in New York, Florida, and the Supreme Court of the United States, has a deep-rooted commitment to his community. Since 1992, he has been a certified high school track and field official and an Executive Committee member of the Glenn D. Loucks Games. He serves on the Board of Directors of the JCC-Rockland and has devoted over a decade to coaching youth sports in Rockland County. Mike was recognized by the County of Rockland as well as the American Association for Justice for his distinguished service in providing free legal representation through the Trial Lawyers Care program for families of victims of the September 11th attacks. He represents clients across a wide range of legal practice areas.

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