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If your child is hurt on a school bus in California, the first question is who runs the bus. A bus run by a public school district points to a public entity, and a written claim is usually due within six months. A private school, a charter-party carrier or a contracted bus company brings in a private insurer. Any settlement for a minor generally needs court approval, and the deadline rules for children are not the same in every case. This guide explains the steps in plain terms. It is general information and does not describe any real incident.
Who runs the bus?
California’s Vehicle Code defines a schoolbus in section 545 as a motor vehicle designed, used or maintained to transport pupils at or below the 12th grade level to or from a public or private school or school activity, with some exceptions. That covers district buses and many private buses. Who owns and operates the bus decides who receives the claim:
- A public school district or county office of education. These are public entities, so the Government Claims Act applies.
- A private bus company under contract. The company and its insurer may be responsible, and the district that hired it may share responsibility.
- A charter-party carrier hired for a field trip or game. These are private carriers, and their insurer handles the claim.
- Another driver, if a car or truck hit the bus.
A carrier of persons for reward must use “the utmost care and diligence” under Civil Code section 2100. Whether that duty applies to a particular school bus depends on the facts. Our bus accident page covers bus claims generally.
The six-month claim against a school district
Before suing a public school district for an injury, you generally must present a written claim within six months under Government Code section 911.2. Under section 910, the claim must give the claimant’s name and address, the date, place and circumstances of the incident, a general description of the injury, and the names of any employees involved, if known. Many districts provide a claim form. Our government claims page explains the process.
The district generally has 45 days to act on the claim. If it rejects the claim in writing, a lawsuit is generally due within six months of that notice under Government Code section 945.6.
Do the deadlines pause for a child?
For most private claims, yes. Code of Civil Procedure section 352(a) generally pauses the lawsuit deadline while the injured person is a minor. But section 352(b) says that pause does not apply to a claim that must first be presented to a public entity. So a child’s claim against a public school district is still generally due within six months.
If that deadline is missed, a late claim application may be filed within a reasonable time, not more than one year after the injury, under section 911.4. Under section 911.6, the board must grant the application if the person was a minor during the entire six-month period, among other grounds. If the board denies it, section 946.6 allows a petition to the court within six months after the denial. See what to do if you missed the six-month deadline. Do not count on these rules. File within six months if you can.
Settling a child’s claim: the minor’s compromise
A child cannot settle a claim alone. A parent or guardian ad litem acts for the child under Code of Civil Procedure section 372. Under Probate Code section 3500, a parent’s settlement of a minor’s disputed claim is valid only after it is approved by the superior court on a petition. The court reviews the amount, the fees and how the money is held, often in a blocked account or annuity, under Probate Code section 3600 and following. Our post on a minor hurt as an e-scooter passenger also discusses claims for children.
What to do after a school bus injury
- Get your child checked by a doctor, even for injuries that seem minor.
- Write down the bus number, route, stop, date and time, and the names of the driver and any adults on board.
- Ask the school or district for an incident report, and ask the police or California Highway Patrol for a report if one was taken.
- Ask in writing that the district or carrier preserve bus video. Many buses have cameras, and footage may be kept only for a limited time.
- Take photos of injuries over time and keep every medical record and bill.
- Write down what your child remembers while it is fresh, in your child’s own words.
Our guide to a child hurt at school covers injuries on campus.
What are the deadlines?
- Six months to present a written claim to a public school district, with no pause for being a minor (Government Code section 911.2 and Code of Civil Procedure section 352(b)).
- Two years for most personal injury lawsuits against private parties under Code of Civil Procedure section 335.1, which is generally paused while the injured person is a minor under section 352(a).
- A parent’s own claim, such as for medical bills paid, may follow different timing. Ask a lawyer.
Frequently asked questions
Can I sue a school district if my child was hurt on a school bus?
Often yes, but a written government claim usually must be presented to the district within six months first, under Government Code section 911.2.
Does the six-month claim deadline pause because my child is a minor?
No. Code of Civil Procedure section 352(b) says the minority pause does not apply to claims that must be presented to a public entity. A late claim application may still be possible within one year.
What if a private bus company or charter carrier ran the bus?
The company and its insurer may be responsible, and the district that hired it may share responsibility. A claim against the district may still be needed within six months.
Does a court have to approve a settlement for my child?
Yes. Under Probate Code section 3500, a parent’s settlement of a minor’s disputed claim is valid only after the superior court approves it on a petition.
Where does the settlement money go?
The court decides. It is often placed in a blocked account or annuity under Probate Code section 3600 and following, with access when the child turns 18 or as the court orders.
What if a car hit the school bus?
The other driver and that driver’s insurer may be responsible. The district or bus company may also share responsibility, so more than one claim may be needed.
Talk to us
If your child was hurt on a school bus or on the way to school, we are here to listen and explain your options. Win Attorneys is a California firm that represents injured people throughout the state. Talk to us at (562) 296-5380. We speak Spanish and Vietnamese.
Hablamos español. Chúng tôi nói tiếng Việt.
Win Attorneys, 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Phone (562) 296-5380.
This article is general information and is not legal advice. Reading it does not create an attorney-client relationship.
Sources: Section 545, Civil Code section 2100, Government Code section 911.2, Section 910, Government Code section 945.6, Code of Civil Procedure section 352(a), Section 911.4, Section 911.6, Section 946.6, Code of Civil Procedure section 372, Probate Code section 3500, Code of Civil Procedure section 335.1.