Who Is at Fault in a School Zone Car Accident

When a car accident occurs in a school zone, it can be very difficult to determine fault. School zones are very highly regulated, and thus, driver responsibility is higher, especially when compared to a driver's responsibility on the main road.

Powell Law Firm is a car accident attorney in St. Louis, MO, and the legal team understands what is involved in a school zone car accident. The firm also helps clients who were injured get the compensation they deserve from the at-fault driver.

Missouri has specific laws surrounding school zones, and when a car accident occurs in these areas, there are certain things to consider. Our team can also discuss who is at fault in a school bus accident MO.

Victims in a car accident case have rights, but before they can get the compensation they deserve, fault must be determined.

Understanding School Zone Laws in Missouri

It's important to understand Missouri law before working towards determining fault. Any driver who is operating a vehicle in a school must follow specific laws according to Missouri Revised Statutes §304.050.

School zones are not always active zones. Under state law, these zones are only active when children are coming to school or leaving school. The zone should be clearly marked, and typically flashing lights are used to show when the zone is active. There might also be signage indicating the time the zone is active.

When the zone is active, the following regulations apply:

• Reduced speed limits

• No passing is allowed in the zone

• There is strict crosswalk enforcement

• Heavy fines or other penalties are applied if laws are broken

In a car accident, drivers who fail to follow these laws are often found to be the at-fault party when the accident occurs.

Common Causes of School Zone Car Accidents

Every car accident is unique, and a school zone has even more risk factors that make them even more hazardous than accidents that occur elsewhere. Here are some of the common causes of school zone car accidents:

1. Speeding in School Zones

Even though there might be clear signs and flashing lights, some drivers still speed in school zones. When a driver is speeding, it reduces the reaction time and increases the odds of hitting a pedestrian or a parked car.

2. Distracted Driving

Drivers who are making phone calls, texting, playing with the radio, or otherwise not paying attention are much more likely to cause a crash in a school zone than drivers who are driving safely.

3. Failing to Yield at Crosswalks

While in a school zone, children crossing the street in a marked crosswalk has the right of way. Drivers must stop. Failure to yield to pedestrians often causes injuries in an accident.

4. Illegal Passing of School Buses

Some drivers get frustrated in school zones. For instance, they might not want to miss work or be late, so they try to pass a school bus. This is illegal in a Missouri school zone, and is one of the leading causes of injury in a school zone accident.

5. Unsafe Drop-Off or Pick-Up Practices

Parents who are rushing to drop off or pick up children often double park, make illegal U-turns, or stop in unauthorized areas. This can create dangerous conditions for children and other drivers.

Determining Fault in a School Zone Accident

Determining fault in a school zone accident depends on a number of circumstances. Evidence can come from many places including traffic camera footage, police reports, and eyewitness testimony. In Missouri, the following people are generally mostly at fault:

The Driver

If a driver doesn't follow the regulations in a school zone, they are likely to be held responsible in an accident. These regulations include speeding, distracted driving, or failing to yield to those who have the right of way.

Another Driver

In some cases, the driver who was in the car accident was only involved because another vehicle created a hazardous situation. For example, if Driver A slams on their brakes for no reason, or they make an illegal maneuver trying to get to the other side of the road, they might be found at fault if Driver B is affected by this and gets into an accident.

The School or School District

It is also possible, though rare, that a school or school district could be found to be at fault. If the school or district did not post adequate signage, crossing guards, or other traffic control measures, and these caused an accident, they could be partially responsible. For instance, if a school knew that a particular drop-off area was dangerous, and they do not take any action to fix the issue, they might be partially at fault.

Government Entities

If there are poor road conditions, defective traffic signals, or lack of signs, these could all cause accidents. In this case, the city or county that is responsible for maintaining the roads might be partially liable. Though it's possible to sue the government, lawyers must have experience because there are shorter filing deadlines and different rules.

Pedestrians or Parents

Drivers in a school zone must be vigilant, but sometimes pedestrians, including children, might act in an unpredictable manner. For instance, if a child runs out of a crosswalk, those actions might be a contributing factor to the accident. Keep in mind that courts often will not assign fault to a child, so another type of settlement may be introduced in these cases.

Comparative Fault in Missouri

The state of Missouri follows a pure comparative fault system. With this, more than one party can share fault in the accident after all the evidence has been collected, and more than one party might be responsible for damages. An insurance company, lawyers, a jury or other entity will determine fault and the total amount of money that is available in the case.

When there are multiple parties involved, each party's damages are reduced by the percentage they are at fault per the pure comparative fault system.

For example, if Driver A is 70% at fault, and Driver B is 30% at fault, and the total damages are $100,000, Driver A would get $30,000, and Driver B would get $70,000.

This system is very important in school zone cases where more than one driver or pedestrian could have contributed to an accident.

What Should Happen After a School Zone Accident in Missouri?

A victim or a family member who is involved in a school zone accident should take specific steps following a school zone accident.

1. Call 911

The first step is to reach out to emergency services. Even if there are no serious injuries, broken bones, or other injuries, a police officer should be on scene to help determine fault.

2. Seek Medical Attention

Even if injuries seem minor, they should be documented and evaluated by a medical professional. It might not matter now, but sometimes injuries pop up later.

3. Document the Scene

Its important to take photographs or videos of the accident scene. These should include school zone signs, skid marks, and any vehicle damage.

4. Get Contact Info from Drivers and Witnesses

Eyewitnesses on the scene are very important. These can include crossing guards, other parents, or nearby school personnel. It's also important to get insurance and contact information from all parties involved. If the owner of the car involved in the accident is uninsured, that should also be noted.

5. Contact an Experienced Attorney

A Missouri personal injury attorney familiar with school zone laws, like the team at Powell Law Firm, can look at your case and advocate for maximum compensation. It may be beneficial to contact a motor vehicle accident attorney in St Louis.

Economic and Non-Economic Damages in School Zone Car Accidents

Victims of school zone accidents may be eligible to collect compensation for a wide range of damages. These include:

• Medical bills/medical expenses

• Lost wages (present and future)

• Pain and suffering

• Property damage

• Long-term rehabilitation costs

• Loss of earning potential (in rare cases)

When children are injured, their guardian or parents may also pursue damages on their behalf, including emotional distress and costs for future medical care.

Time Limits for Filing a Claim in Missouri

In Missouri, the statute of limitations for personal injury claims is five years following the accident's date. However, cases involving minors, government liability, or multiple parties may be subject to different timelines and requirements. This is why a car accident attorney is so important to have on a case.

Acting quickly ensures evidence is preserved and legal options are not lost. Powell Law Firm can assess timelines and compliance requirements specific to every case.

Why Choose Powell Law Firm - Car Accident Lawyer

With years of experience handling complex personal injury cases in St. Louis and across Missouri, Powell Law Firm offers:

• Comprehensive legal strategy backed by knowledge of Missouri traffic laws

• Personalized representation for school zone accident victims

• Aggressive negotiation and litigation tactics to maximize compensation

Powell Law understands the emotional and physical toll a school zone accident can cause, especially when children are involved. They are committed to protecting the rights of families and holding negligent drivers accountable.

Contact Powell Law Firm Today for a Free Consultation

Accident victims don't have to go through this process alone. Contact Powell Law Firm in St. Louis today for a free consultation.