As students around Houston begrudgingly start getting ready to go back to school, many of them will start driving themselves to school for the first time. The new school year is always a difficult time around Texas.
In 2025, Texas recorded 877 crashes in school zones, a 12% increase from the previous year. Another 2,358 collisions involved school buses. According to the Texas Department of Transportation, speeding and distracted driving were leading factors in these accidents.
For parents, preventing an accident is only part of the concern. They should also understand how a potential personal injury case changes depending on who was driving and what type of vehicle was involved.
This guide explains why the start of the school year can be especially dangerous, special rules for teens, and what to do if your child is involved in a car accident.
On This Page
- Why the Start of School Can Be Difficult for Teen Drivers
- Texas Driving Rules for Teenagers
- Teen Drivers and School Bus Laws
- When a Teen Driver Causes an Accident
- When a Teen Passenger Is Injured
- How School Bus Accident Claims Differ
- How Claims Involving Children Are Handled
- What Parents Should Do After an Accident
- Create a Family Driving Plan
- Frequently Asked Questions
- Contact a Houston Personal Injury Attorney
Why the Start of School Can Be Difficult for Teen Drivers
Teen drivers begin the school year with several challenges at once. They may be driving an unfamiliar route, transporting classmates or entering a crowded student parking lot for the first time.
Morning traffic also creates pressure. A student who is running late may speed, follow another vehicle too closely or make an unsafe turn. Afternoon dismissal brings buses, student drivers, pedestrians and parents into a relatively confined area.
Inexperience can make these situations harder to judge. The National Highway Traffic Safety Administration reports that teen drivers have a higher fatal-crash rate because of factors that include limited experience, immature decision-making and distraction. Friends riding in the vehicle can create an additional distraction.
These risks do not mean a teen is automatically responsible whenever a crash occurs. Fault still depends on what each driver did immediately before the collision.
Texas Driving Rules for Teenagers
Texas places additional restrictions on drivers under 18.
With limited exceptions, a driver under 18 may not drive between midnight and 5 a.m. The driver also may not carry more than one passenger under 21 who is not a family member. Texas law prohibits drivers under 18 from using a wireless communication device while driving except in an emergency.
The cellphone restriction is especially relevant around schools. Texas also prohibits the use of handheld devices while driving in an active school zone. School-bus drivers may not use a cellphone while driving when children are present.
While violating one of these rules does not automatically decide an injury case, evidence that a driver was texting or carrying prohibited passengers may damage their credibility when making a claim against another driver.
Teen Drivers Also Need to Understand School Bus Laws
Teenagers may be unfamiliar with the frequent stops and wide turns made by school buses.
Texas drivers approaching a stopped school bus generally have to stop when its red lights are flashing or its stop arm is extended. The rule applies to traffic approaching from either direction unless the vehicles are separated by a qualifying divided highway. Drivers must remain stopped until the bus moves, the warning signals stop or the bus driver indicates that traffic may proceed.
Passing a stopped bus can place children in immediate danger. It can also provide strong evidence of negligence if the violation results in a collision or a child being struck while entering or leaving the bus.
What Happens When a Teen Driver Causes an Accident?
A teenager can be legally responsible for injuries caused by careless driving. Being under 18 does not excuse speeding, texting, running a red light or failing to yield.
The injured person will ordinarily pursue a claim through the liability coverage that applies to the vehicle. Coverage depends on the policy, who owns the car, whether the teen had permission to drive and whether the teen was properly disclosed to the insurer.
The Texas Department of Insurance advises families to tell their insurance company when a teenager begins driving. Failing to disclose a household driver can create serious coverage problems after an accident. Most policies generally cover the policyholder, family members and people driving the insured vehicle with permission, but exclusions and policy terms vary.
Are the Teen Driver’s Parents Automatically Liable?
Not necessarily.
Texas does not impose unlimited personal-injury liability on parents simply because their child caused a crash. The state’s parental-liability statute primarily addresses property damage caused by a child’s conduct.
A parent or vehicle owner may still face a separate negligent-entrustment claim. That issue can arise when an owner allows someone to drive despite knowing, or having reason to know, that the person is unlicensed, incompetent or reckless.
Relevant evidence could include:
- Previous crashes or serious traffic violations
- Driving without a valid license
- A known history of reckless behavior
- Repeated violations of household driving rules
- Allowing the teen to drive despite alcohol or drug use
Texas courts treat negligent entrustment as a claim based on the owner’s decision to place the vehicle in the hands of an unsafe driver. It is not automatic merely because a parent owns the car.
What Happens When a Teen Passenger Is Injured?
A teenager may be injured while riding with a friend, classmate or sibling. The fact that the students know each other does not prevent an injury claim.
For example, a student passenger may be entitled to pursue a claim when another teen causes a crash by speeding out of the school parking lot. The claim would generally be made against the insurance covering the responsible vehicle.
Parents sometimes hesitate because they do not want to file a claim “against” another child or family. In practice, the claim normally focuses first on applicable insurance coverage. Serious injuries can produce medical bills, rehabilitation costs and long-term effects that should not be dismissed as a private disagreement between families.
The investigation should also consider other drivers. A student driver may have made a mistake, but an adult motorist, commercial driver or poorly controlled construction zone may also have contributed to the collision.
How Is a School Bus Accident Claim Different?
The first question is not simply whether a school bus was involved. It is who operated and owned the bus.
A bus may be:
- Owned and operated by a public school district
- Owned by a private transportation contractor
- Operated by a charter school or private school
- Chartered for an athletic event, field trip or extracurricular activity
That distinction can determine which legal rules are applied.
When Another Driver Hits the School Bus
A school-bus passenger may have a claim against the driver who caused the collision. Examples include a distracted motorist rear-ending the bus or a commercial truck crossing into its lane.
The bus driver or operator could share responsibility if the bus was speeding, made an unsafe turn or failed to take reasonable action to avoid the crash. These cases may therefore involve more than one insurance policy and more than one responsible party.
When many students are injured, available coverage can become an important issue. Each child has an individual claim, but the at-fault driver’s policy may place a maximum limit on how much the insurer will pay for the entire accident.
When a Public-School Bus Driver Causes the Crash
Public-school districts generally have governmental immunity from ordinary negligence lawsuits. Texas provides a limited exception for injuries arising from the operation or use of a motor vehicle by a government employee acting within the scope of employment. School districts are otherwise largely excluded from the Texas Tort Claims Act.
This means a claim based on negligent bus operation may be allowed even when a claim based on a broader school policy or administrative decision would not be.
Public-school claims can also involve formal notice requirements. Under the Texas Tort Claims Act, a governmental unit is generally entitled to notice describing the damage or injury, the time and place of the incident and what happened. The statutory period is generally six months, although actual-notice issues and other exceptions can affect individual cases.
Texas also limits a unit of local government’s liability to $100,000 for each person and $300,000 for each occurrence involving bodily injury or death. In a bus crash involving many seriously injured students, the per-occurrence cap can become particularly significant.
How Claims Involving Children Are Handled
An injured child’s personal injury claim belongs to the child. Because a minor generally cannot manage litigation alone, a parent, guardian or other representative typically acts on the child’s behalf.
A settlement involving a minor may receive court review. When the interests of the adult representative and child could conflict, the court may appoint a guardian ad litem to evaluate whether the proposed settlement protects the child’s interests.
The final arrangement may also control how the funds are held or distributed until the child reaches adulthood.
Texas law generally treats a person under 18 as being under a legal disability when calculating certain limitations periods. However, parents should not assume that every deadline is postponed. Governmental notice requirements, insurance conditions and evidence-preservation concerns may arise soon after the accident.
What Parents Should Do After a Teen or School-Bus Accident
Obtain a medical evaluation
Some injuries are not immediately obvious. A child may initially focus on the fear and confusion of the crash rather than neck pain, headaches or other symptoms.
Document when symptoms began, what treatment was provided and how the injuries affect school attendance, sleep, athletics and ordinary activities.
Identify every vehicle and organization involved
Record the names of the drivers, vehicle owners, school district, bus contractor and insurance companies. Photograph identification numbers, company markings and the bus itself when possible.
Request the crash report
A crash report can help identify drivers, vehicles, insurers, witnesses and initial contributing factors. It is an important starting point, but it does not necessarily provide the final answer about fault.
Preserve school and transportation evidence
Potential evidence may include:
- Bus surveillance footage
- Student parking-lot video
- Vehicle event data
- Dispatch communications
- Driver qualification records
- Maintenance and inspection documents
- Student and staff witness statements
- Cellphone records
- Photographs and social-media posts
Video and electronic records may be overwritten or deleted under routine retention policies. Early preservation can prevent important evidence from disappearing.
Review all potentially available insurance
Parents should confirm that newly licensed household drivers have been disclosed to the family’s insurer. They should also review liability, personal injury protection and uninsured or underinsured motorist coverage.
Texas insurers generally have to offer uninsured and underinsured motorist coverage unless the policyholder rejects it in writing. This coverage may help when the responsible driver has no insurance or does not have enough coverage for the injuries caused. Whether a particular policy applies depends on its terms and the circumstances of the accident.
Create a Family Driving Plan Before School Starts
Parents can reduce risk by establishing specific rules instead of relying on general reminders to “drive safely.”
A family plan can address:
- Who the teenager may transport
- Which route the teen should take
- Where students may be picked up or dropped off
- When the phone should be stored
- What to do when running late
- How to respond after a minor collision
- Who to call when the teen does not feel safe driving
- When driving privileges will be suspended
Parents should also practice the route with a new driver. Review difficult intersections, school-zone speed changes, bus stops and the proper entrance to the student parking area.
The goal is not simply to help a teenager pass a driving test. It is to prepare the teen to make sound decisions during the crowded and unpredictable first weeks of school.
Frequently Asked Questions
Can my child file a claim against a friend who caused the accident?
Yes. A friendship does not prevent an injured passenger from pursuing a claim. The claim will ordinarily begin with the insurance covering the vehicle rather than an attempt to collect directly from the other student.
Am I automatically responsible if my teenager causes a crash?
No. A parent is not automatically personally liable for every bodily injury caused by a teenager’s ordinary negligence. However, the vehicle’s insurance may apply, and a parent or owner could face a negligent-entrustment claim if the vehicle was knowingly given to an unsafe or unqualified driver.
Can parents sue a Texas school district after a bus accident?
Possibly. Texas law provides a limited waiver of governmental immunity for injuries caused by the operation or use of a motor vehicle. Notice requirements, damage caps and other restrictions can apply.
Is a private school-bus company treated like a public school district?
Usually not. A private contractor generally does not receive the same protections available to a governmental school district. The company may be responsible for its driver, maintenance practices, hiring decisions or other negligent conduct, depending on the evidence.
Contact an Experienced Personal Injury Attorney in Houston
Accidents involving students are always complicated, and it can be extremely difficult for the teen to know what to do after the crash. The best thing they can do is have a family driving plan, and a plan of action in case of an accident. Part of that plan should always be to contact an experienced personal injury attorney. The absolute last thing you want is for the teen to provide a poor explanation to the police or insurance company.
Hilda Sibrian has represented car crash victims in Houston for over 22 years. If you or your teenager has been seriously injured as a result of new school year traffic, you need to call an experienced Houston attorney as soon as possible. Our team is here to review your case, explain your legal options, and fight for the compensation you deserve.
The Law Offices of Hilda Sibrian serve all of Houston and Texas, including Sugar Land, Missouri City, La Porte, Beaumont, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and of course Houston proper.
Call the Law Offices of Hilda Sibrian today for a free consultation, or fill out our online contact form.
