Texas School Zone Accidents: Who’s Liable When Children Are Hurt?

When a child is struck or injured in a school zone, the consequences can be devastating for families—and the legal questions can be just as overwhelming. Parents often assume that because school zones are designated for safety, someone will automatically be held accountable when an accident occurs. Unfortunately, Texas law requires a more detailed analysis to determine liability. In Austin and across the state, school zone accidents involve a complex interplay of traffic laws, driver duties, and potential governmental immunity.

At Dang Law Firm, we help families navigate the legal aftermath of school zone injuries, pursuing justice when children are harmed due to negligence.

The Unique Legal Environment of Texas School Zones

School zones in Texas are governed by heightened traffic regulations, including:

• Reduced speed limits during designated hours
• Prohibitions on cell phone use while driving (Texas Transportation Code § 545.425)
• Increased penalties for violations committed in school zones
• Crossing guards and marked pedestrian crosswalks

Despite these safety measures, distracted or negligent drivers continue to cause accidents, often resulting in serious injuries to children walking to or from school.

Common Causes of School Zone Accidents

In Austin, the most common causes of child-involved school zone accidents include:

• Speeding through reduced-speed zones
• Failure to yield at crosswalks
• Distracted driving (e.g., texting, using GPS)
• Improper passing of school buses
• Illegally parked cars blocking sight lines

Each of these scenarios may involve different liable parties, including private drivers, school bus operators, and even government entities responsible for school zone signage and traffic control.

Who Can Be Held Liable?

1. Negligent Drivers

Drivers are held to a higher standard of care when traveling through school zones. If a driver fails to obey posted signs, uses a phone, or does not yield to pedestrians, they may be found negligent and liable for resulting injuries.

2. School Districts and Bus Drivers

If a school bus driver causes an accident while operating within the scope of their duties, the school district may be held liable under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.021). However, strict notice requirements and damage caps apply.

3. Municipal Governments

Cities like Austin may be liable if poor road design, inadequate signage, or malfunctioning traffic lights contributed to the accident. However, municipal liability is limited by sovereign immunity laws, and proving negligence by a government entity requires skilled legal analysis and timely notice of claim.

4. Construction Contractors or Third Parties

If a private contractor working near a school fails to maintain safe pedestrian access or improperly manages traffic flow, they may be directly liable for injuries that occur.

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Special Legal Considerations for Child Victims

Texas law recognizes that children are owed a special duty of care due to their vulnerability and limited capacity to perceive danger. Juries often hold adult defendants to a stricter standard when children are involved.

Additionally, the statute of limitations for personal injury claims involving minors is tolled until the child turns 18 (Tex. Civ. Prac. & Rem. Code § 16.001). However, it is crucial to begin the legal process early to preserve evidence, locate witnesses, and meet government notice requirements.

Recent Data and Local Risk Factors in Austin

According to data from the Texas Department of Transportation (TxDOT), Travis County reported more than 100 pedestrian-involved crashes near schools in the last three years. Austin’s rapid growth has increased vehicle congestion around campuses, particularly in neighborhoods like East Austin, South Lamar, and the Mueller District, where mixed-use development intersects with elementary school zones.

These areas often suffer from:

• Limited visibility due to high traffic and parked vehicles
• Inconsistent crossing guard staffing
• Insufficient pedestrian infrastructure

These risk factors make proactive legal and policy interventions critical.

How Dang Law Firm Helps Families in School Zone Injury Cases

At Dang Law Firm, we take an aggressive yet compassionate approach to representing injured children and their families. Our legal team investigates every aspect of a school zone injury case, including:

• Collecting dashcam or surveillance footage
• Interviewing school personnel and crossing guards
• Requesting school district or municipal records
• Coordinating with accident reconstruction experts

We pursue all available avenues of compensation, including claims against government entities when appropriate, and we’re experienced in navigating the procedural hurdles that come with these cases.

Schedule a Free Consultation Today

If your child has been injured in a school zone accident in Austin, don’t wait. Legal deadlines may apply—especially if a government entity is involved. Contact Dang Law Firm today to schedule a free, confidential consultation. We’ll help you understand your rights and take decisive legal action to protect your family’s future.

Call now or fill out our online form to speak with an Austin personal injury attorney who puts your child’s recovery first.

Information verified by lawyer Loc Dang

Loc Dang is a founder and member of our legal team. In this blog, Attorney Dang shares his expertise to guide accident victims.