Short answer: When a public school district’s bus or driver causes a crash, the claim is against a governmental entity, and Utah’s Governmental Immunity Act sets the rules: a written notice of claim within one year, a waiting period before any lawsuit, a two-year deadline to sue, and caps on damages. When another driver causes the crash, including a driver who illegally passes a stopped bus, the claim against that driver follows the ordinary rules. Many school bus cases involve both.
When the person hurt is a child, there is another layer: who brings the claim, how long it stays open, and how any recovery is handled. This post walks through the pieces in order.
First, Figure Out Who Was at Fault
School bus crashes usually fall into a few patterns:
- the bus driver made a mistake, such as a turn, a lane change or a stop taken unsafely;
- another motorist hit the bus, or the bus swerved to avoid another vehicle;
- a driver passed a bus that was stopped with its red lights flashing and struck a child who was boarding or getting off; or
- a road defect or maintenance problem played a part.
Also confirm who owns and runs the bus. A public school district’s bus is a government vehicle. A bus owned by a private school or a private transportation company is generally not, and claims against private owners follow the ordinary rules rather than the Governmental Immunity Act.
School Districts Are Governmental Entities
Under the Governmental Immunity Act of Utah, a “governmental entity” includes the state and its political subdivisions, and “political subdivision” expressly includes a school district (Utah Code 63G-7-102). Government entities start out immune from suit, but the Act waives immunity for injuries proximately caused by a negligent act or omission of an employee acting within the scope of employment (Utah Code 63G-7-301(2)(i)). A district bus driver who causes a crash while on a route usually fits that description.
The One-Year Notice of Claim
A claim against a governmental entity, or against its employee for conduct on the job, is barred unless a written notice of claim is filed within one year after the claim arises (Utah Code 63G-7-402). A phone call to the school, a report to the principal or an email to the district’s insurer is not a notice of claim.
The notice must include a brief statement of the facts, the nature of the claim, and the damages so far as they are known, and it must be signed by the claimant or the claimant’s agent, attorney, parent or legal guardian (Utah Code 63G-7-401(4)). For a claim against a school district, the notice goes to the office of the superintendent or business administrator of the board. It can be hand delivered, mailed, or emailed to the addresses the district lists in the statement it must file with the state Division of Corporations and Commercial Code. A notice sent by email must also be emailed at the same time to the attorney who represents the district.
The child’s age does not give you a safe extra year here. The statute lets a governmental entity ask a court to appoint a guardian ad litem for an injured minor, and in that case the one-year period begins when the order appointing the guardian ad litem is issued (63G-7-401(5)). Outside that situation, treat one year from the crash as the deadline and file well inside it. Our post on a crash with a government vehicle covers the notice process in more detail.
After the Notice
Within 60 days after the notice is filed, the district or its insurer must tell you in writing that it was received. You may not file a lawsuit until 60 days after the notice is filed, and the lawsuit must be filed within two years after the claim arises (Utah Code 63G-7-403). That two-year window is much shorter than the four years that generally applies to injury claims against private drivers (Utah Code 78B-2-307(4)).
Limits on What a District Pays
Judgments against a governmental entity are capped: there is a per-person limit for personal injury, a separate limit for property damage, and an aggregate limit for all claims from a single occurrence (Utah Code 63G-7-604). The amounts are adjusted periodically under a formula in the next section of the code, so confirm the current figures before relying on any number. Punitive damages are not available against a governmental entity (Utah Code 63G-7-603(1)).
When many children are hurt in one crash, the aggregate cap can matter as much as the per-person cap. That is one more reason to identify every other source of recovery, including a private driver who shares the blame.
Drivers Who Pass a Stopped School Bus
Utah law requires a driver meeting or overtaking a school bus with flashing red lights to stop before reaching the bus and to stay stopped until the red lights stop flashing. When the amber lights are flashing, drivers must slow down and may pass only with due care at school-zone speed (Utah Code 41-6a-1302(2)). Drivers going the opposite direction do not have to stop on a divided highway, on a highway of five or more lanes, or where the bus is stopped at a signal or an officer is directing traffic (41-6a-1302(3)).
A driver who passes illegally and hits a child is a private defendant. That claim is not subject to the one-year notice or the government caps, and the driver’s liability insurance, and possibly your own family’s coverage, may apply. Fault is still sorted out under Utah’s comparative fault rules (Utah Code 78B-5-818).
Claims for Children
Utah does not let a person under 18 file a lawsuit alone (Utah Code 78B-2-108(1)). A parent or guardian may bring an action for a child’s injury caused by the wrongful act or neglect of another, and may also name the employer of the person who caused it when the employer is responsible for that person’s conduct (Utah Code 78B-3-102). While a child is under 18, the ordinary statutes of limitations generally do not run on the child’s claims (78B-2-108(2)). As explained above, do not count on that to extend the government notice deadline.
Money recovered for a child belongs to the child, and Utah law controls how it is held. We explain those rules in injury claims for minors in Utah.
What to Do After a School Bus Crash
- Get the child checked by a doctor, even if the injuries seem minor, and keep every record.
- Write down the bus number, route, date and time, and the names of other children and parents who saw what happened.
- Ask the district in writing to preserve any bus video and the driver’s records related to the trip.
- Request the police crash report.
- Put the one-year notice deadline on your calendar the day of the crash.
- Check with your own auto and health insurers about what coverage applies to your child’s medical bills.
Talk to a Utah Injury Attorney
A school bus claim can involve a school district, a private driver and several insurers, each with different deadlines. We can review what happened and help you meet the notice requirements before the deadline.
Hurt in Utah? Call (801) 921-5134 or send us your case for a free consultation. No attorney fees unless we win. Hablamos Español.