School Bus Injury Claims in Michigan: What Parents Should Know

When you place your child on a school bus, you're making a powerful choice: to trust others with your child’s life. School buses are supposed to be safe spaces—guarded by trained drivers, overseen by schools, and designed to protect. But when that trust is shattered by an accident, negligence, or unsafe conditions, the trauma ripples through your entire family.

A school bus injury is not “just part of childhood.” It’s not a routine scrape or playground fall. It’s a moment that can change a life—and that demands answers, accountability, and action.

We’ve represented Detroit families whose children were hurt while riding, boarding, or exiting school buses. We’ve seen the aftermath—fractures, head trauma, surgeries, emotional distress—and we’ve stood beside parents forced to navigate hospital rooms instead of homework help.

We know the legal maze that comes next: uncooperative school districts, complicated no-fault rules, and the shield of government immunity. But we don’t back down. At Marko Law, we specialize in child injury claims and complex cases against public institutions. When your child is injured because a school, driver, or transportation company failed to protect them, we make sure they’re held accountable—loud and clear.

Who May Be Held Liable in a School Bus Injury Case?

Public School Districts and Charter Schools

When a school district owns and operates the bus or hires drivers directly, it can be held liable for:

• Failing to train or supervise drivers
• Inadequate policies or safety measures
• Hiring unqualified personnel

Private Schools

Private institutions running their own buses or contracting transportation have a clear duty of care. They can be held liable for:

• Negligent supervision
• Poor vehicle maintenance
• Failing to intervene in bullying or student assaults during bus rides

Bus Drivers (Employed or Contracted)

If a driver was distracted, speeding, impaired, or simply careless, they may be personally liable. However, in most cases, their employer also shares responsibility under the legal principle of respondeat superior—which holds employers liable for the actions of their employees while on duty.

Bus Companies or Third-Party Transportation Providers

Many Michigan schools outsource busing to private companies. These companies may be liable for:

• Poor hiring practices
• Failing to maintain buses
• Lack of proper driver oversight
• Ignoring known safety complaints

Vehicle or Parts Manufacturers

Was your child’s injury caused by a brake failure, defective door, or malfunctioning safety system? If so, the manufacturer or maintenance contractor could be held accountable under Michigan’s product liability laws.

Other Negligent Drivers

Sometimes, the school bus isn’t at fault—but another vehicle is. If a reckless or distracted driver causes a crash involving a school bus, they may be liable for injuries to your child. We will pursue every at-fault party and their insurance carrier aggressively.

Michigan’s No-Fault Insurance and School Bus Accidents

When No-Fault PIP Benefits Apply for Injured Minors

Under Michigan’s No-Fault Law, Personal Injury Protection (PIP) benefits generally cover:

• Medical expenses
• Mileage to appointments
• In-home care or therapy

These benefits apply even if your child wasn’t in your vehicle—as long as they were injured in an accident involving a motor vehicle, including a school bus.

However, school buses are treated differently in certain scenarios.

How School Buses Are Treated Differently Under No-Fault Law

School buses owned by government entities (like public school districts) are not required to carry standard No-Fault insurance. That means:

• PIP benefits may not be paid by the school’s insurance
• You may need to file under your own household auto policy
• If no coverage exists in the household, the Michigan Assigned Claims Plan (MACP) may step in

The Role of the Child’s Household Auto Policy (If Applicable)

If you or another member of your household has auto insurance with PIP coverage, that policy is often the primary payer for your child’s medical expenses following a school bus accident—even though they weren’t in your car.

If there is no applicable auto insurance in the household, your claim may be redirected to the MACP—a complicated process where legal guidance is essential.

Pursuing Third-Party Liability for Serious Injuries

If your child suffered a serious or permanent injury, you may also have the right to sue the at-fault party for:

• Pain and suffering
• Emotional distress
• Future medical care
• Loss of normal life or educational opportunity

This includes not only bus drivers but also other negligent motorists, manufacturers (in the case of defective vehicles), or transportation companies. Unlike PIP, these damages aren’t automatic—you must prove fault. And that’s where our team goes to work.

Governmental Immunity in Michigan School Injury Cases

What Is Governmental Immunity?

Under Michigan law, public schools and their employees are generally immune from lawsuits unless a specific exception applies. This can make it difficult to hold a school district accountable after a school bus injury—unless you know how to navigate the exceptions.

You may still be able to sue a school district or its employees if the injury involved:

Gross Negligence

If a school bus driver or staff acted with reckless disregard for your child’s safety—such as ignoring visible danger, refusing medical help, or violating safety protocols—that may qualify as gross negligence, which pierces immunity.

Operation of a Motor Vehicle

When a public employee (like a bus driver) causes injury while operating a motor vehicle, governmental immunity does not apply. This is one of the most important exceptions in school bus injury cases.

Failure to Maintain Safe Conditions

If the school or district failed to maintain buses, bus stops, or related equipment (like seatbelts or exits), and your child was injured as a result, you may have a valid premises liability claim.

You Must Act Fast: Strict Deadlines Apply

One of the biggest dangers in cases involving governmental entities is delay.

• Notice of Injury: In many cases, you must file a formal notice with the school or government within 60 to 120 days of the incident.
• Statute of Limitations: While injury cases typically allow 3 years to file, government claims may have shorter or more complex deadlines.

Miss a deadline—and your child’s right to compensation may be gone forever.

Evidence That Can Support Your Claim

Police Accident Reports

After a crash or major incident involving a school bus, local law enforcement should file an official report. These documents often include:

• Diagrams of the crash
• Statements from drivers and witnesses
• Fault assessments
• Citations or charges

We obtain these reports immediately to establish what happened—and who’s responsible.

Bus Surveillance Footage

Most modern school buses are equipped with onboard cameras. This video footage can show:

• What the driver was doing before the crash
• Whether children were properly seated or supervised
• How the injury occurred (e.g., sudden stop, student fight, equipment failure)

But this footage is often deleted or overwritten quickly—sometimes within days. That’s why we send immediate legal requests to preserve and obtain it.

Witness Statements

We interview and collect statements from:

• Student passengers
• Parents at the bus stop
• School staff or aides on board
• Other drivers or pedestrians nearby

Witnesses can confirm timelines, identify reckless behavior, and describe unsafe conditions no report will capture.

Medical Records

To prove the full extent of your child’s injuries, we gather all medical documentation, including:

• ER visits
• Surgery reports
• Physical therapy logs
• Long-term care projections
• Psychological evaluations (in cases of trauma or PTSD)

This evidence is vital in calculating damages—not just for today’s bills, but for your child’s future.

Prior Complaints or Safety Violations

Was the same driver reported before? Were there known issues with the bus or transportation company?

We investigate:

• Internal school complaints
• State safety inspection reports
• DOT citations
• Previous injury claims involving the bus or driver

Expert Evaluations

Our legal team works with independent experts who can:

• Reconstruct accidents
• Evaluate vehicle maintenance records
• Assess whether the driver met industry standards
• Determine if the injury was preventable

This expert analysis gives your case weight in negotiations—and in court, if needed.

Your Child Deserves Safety—and Accountability

School bus injuries aren’t “just part of the risk.” They’re preventable. And when schools, drivers, or transportation companies fail to protect your child, you have every right to demand justice.

At Marko Law, we don’t accept excuses. We don’t let districts hide behind bureaucracy or insurance carriers lowball your family’s trauma. We fight back—with evidence, strategy, and the full force of Michigan law.

But timing is everything.

The longer you wait, the harder it becomes to preserve surveillance footage, obtain witness accounts, or meet government notice deadlines. If your child was injured, you need to act now—not just for their recovery, but for their future.

Contact Marko Law for a Free Case Evaluation
📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com