Who Is at Fault in a School Zone Car Accident NY? Pedestrian Rights

Some of the most serious accidents involving vehicles and pedestrians are those in school zones. These accidents often involve children, school buses, and heavy pedestrian traffic. When an accident occurs in a school zone, determining fault is one of the most important parts of the case. For those who are victims, drivers, or parents in New York, you may be wondering -- who is at fault in a school zone car accident? 

Unfortunately, this isn't an easy question to answer. There are a lot of things to consider, including the state's traffic laws, right-of-way rules, and school zone regulations. All of these things can play a role in determining liability. 

The Law Office of Carl Maltese has been helping Long Island families deal with the aftermath of a school zone car accident. They understand how fault is determined in these cases, why school zones require more responsibility for everyone, and what accident victims need to do when hurt in a car accident in a school zone. They understand who is at fault in a school bus accident NY.

Understanding School Zones in New York

In the state of New York, school zones are clearly marked areas near schools where traffic rules are strictly enforced. The New York Department of Transportation sets specific times for school zone rules. Typically, this is during school hours. During other times, the rules revert back to the legal speed limit on the street outside of school hours. Here are some indications that an area is a school zone:

• Lower Speed Limits - Generally, school zones have a speed limit of 15 - 20 mph during school hours.

• Flashing Lights or Signs - Many school zones have flashing lights, but not all of them. All school zones have signage. 

In New You, there is zero tolerance for distractions or errors in a school zone. Drivers have the responsibility of staying fully alert and distraction-free in these areas, plus sticking to the school zone speed limit. Children might be running across the street, entering crosswalks without warning, or getting off a school bus without warning. However, the law puts the responsibility on the driver to use extra caution in these areas. 

Common Causes of School Zone Car Accidents in NY

Most of the injury and accident cases that occur in a school zone are caused by the driver's negligence or failure to follow New York State traffic rules. Some of the most common causes are: 

Speeding

The speed limit in a school zone is there for a reason, and even a couple of miles per hour over the limit can make it more difficult to stop in time to avoid accidents in school zones.

Failure to Yield

Another common cause of a vehicle accident in a school zone is failure to yield to pedestrians. In New York, if someone is struck by a vehicle and they are in a crosswalk, the driver almost always is found to be liable. 

Passing a Stopped School Bus

New York has extremely strict laws in regard to school buses. Passing a bus that is stopped and has lights on, whether in a school zone or not, is a major traffic violation and often leads to an accident. 

Distracted Driving

Being distracted while driving often causes a collision. Drivers are often distracted by their phones, by eating or drinking, or by looking at the GPS. 

Improper Lane Changes or Turns

Drivers who make an unsafe turn or sudden lane change near a school might not see the kids from school entering the road.

Who Is at Fault in a School Zone Vehicle Accident in NY? 

Determining who is liable for a school zone crash isn't easy. Oftentimes, every action from every party is examined. In New York, fault depends on negligence. In other words, it's the party, or parties, who did not use reasonable care. Even the person hit by a vehicle could be at fault in some cases. Below are the most common scenarios and how fault is typically assigned:

The Driver

The majority of accidents that occur on school property are caused by drivers who don't follow traffic laws. Some of the cases of a driver being found liable include: 

• Speeding 

• Failure to yield to a pedestrian in a crosswalk

• Illegally passing a school bus

• Driving when distracted

• Driving when under the influence

The Pedestrian or Child

Though it's most common for the driver to be at fault, there are also cases where a pedestrian, or even a child, could hold partial fault. For instance, if a child runs into the street unexpectedly outside of a crosswalk and they are hit by a car, fault is often shared. However, New York State almost always puts the fault on the driver, or at least more fault, as children are considered less capable of protecting themselves.

The School or Municipality

Sometimes, liability may also fall to the school or even the town. However, it must be proven that certain specifics were in place at the time of the accident. For instance, if there are missing crosswalks, poor or missing signage, or even negligent supervision from the school, they could share partial fault. 

Shared Fault – New York’s Comparative Negligence Rule

In New York, there is a comparative fault system to determine negligence. This means that every party involved is assigned a percentage of fault. Even if the victim injured in a school zone accident was partially at fault, they can still recover some, but not all, damages. 

For example, if a driver involved in a car accident hit a child who ran out into the street, throughout the legal process, it will be determined what percentage each person is at fault. Once that is done, damages will be released. In this case, let's say the driver was speeding, but the child ran out unexpectedly. So, the driver was found to be 80% at fault, and the child 20% at fault. If the damages were $100,000, the child would receive $80,000, as it is reduced by the percentage of fault.

There are usually several people involved in the process of determining fault, including insurance companies and lawyers. The police report from the scene is also a very important piece of evidence. This is why it's imperative to report the accident immediately. 

The Role of Police Reports in Determining Liability in School Zone Accidents

Following a car accident in a school zone, the police report is one of the most critical pieces of evidence. Everyone will use it, including the driver's insurance company, other insurance professionals, and any law firm involved in the case. The police report often contains the following: 

• Witness statements

• Driver and pedestrian statements

• Road and weather conditions

• Traffic violations observed

• Sometimes, the police officer's opinion of fault

Legal Penalties for Drivers in School Zone Accidents

In addition to a lawsuit from the victim of the car accident, there may also be criminal or traffic crimes that were committed. Penalties for these include: 

• Heavy fines

• License suspension

• Criminal charges, especially if there was a hit and run or a DUI

New York State takes these situations very seriously. 

Why Fault Matters in School Zone Accidents

Understanding who is at fault in a school zone accident is important for many reasons, including: 

• Compensation for the victims: This includes medical bills, lost wages, and pain and suffering, which can be recovered if fault is proven.

• Insurance claims: New York is a no-fault state, but serious injuries allow victims to step outside the no-fault system and pursue damages from the negligent driver.

• Accountability and prevention: Assigning fault ensures that negligent parties are held responsible, which helps prevent future accidents.

Steps to Take After a School Zone Car Accident

Anyone involved in a school zone accident in New York should take immediate steps to protect their rights:

1. Call the police and ensure a report is filed.

2. Seek medical attention for any injuries.

3. Collect witness information and photographs of the scene.

4. Avoid admitting fault at the scene.

5. Contact a qualified New York personal injury attorney for guidance. The Law Office of Carl Maltese is a Long Island legal team that has helped victims and their families receive compensation for their injuries following an auto injury for many years. For more information, a car accident lawyer may be able to help.

   
   

The Importance of Legal Representation in Long Island

Victims of school zone accidents in Long Island face unique challenges. Insurance companies often try to minimize payouts, especially if there is shared fault. Having an experienced Long Island car accident injury lawyer ensures that victims:

• Gather the strongest possible evidence for the injury case

• Negotiate aggressively with insurance providers 

• Understand how New York law applies to their injury claim

• Maximize compensation for medical expenses, lost wages, and long-term suffering

Local personal injury lawyers also have familiarity with Nassau and Suffolk County courts, school districts, and traffic enforcement policies—knowledge that can make a major difference in case outcomes.

Hurt in a School Zone Accident? Contact the Law Office of Carl Maltese

So, who is at fault in a school zone car accident NY? In most cases, drivers bear the primary responsibility due to the heightened duty of care in school zones. However, fault can also extend to pedestrians, schools, or municipalities, depending on the circumstances.

Because these accidents often involve children and severe consequences, New York law treats them with the utmost seriousness. For victims in Long Island, working with an experienced car accident attorney is the best way to determine liability, hold the negligent party accountable, and secure fair compensation.

The Law Office of Carl Maltese offers a free consultation to those who are considering a car accident claim. Those who have been hit by a car should call a lawyer as soon as possible. Call the Law Office of Carl Maltese.