Massachusetts School Zone Accidents: Who’s Liable When a Child Is Hurt?
School zones are meant to be some of the safest areas for children. Think about it: bright signs, reduced speed limits, and the presence of crossing guards in neon colors. Plus, Massachusetts law is clear that drivers and other parties crossing through school zones must proceed with caution. Still, every year, children are seriously injured in accidents.
When tragedy strikes in school zones, families are left with many overwhelming questions. Questions not just about their child’s recovery, but also who may be liable. Is the driver who struck the child responsible? Did the school fail to supervise the school zone properly? Perhaps the city or town didn’t maintain a crosswalk after multiple warnings?
In school zone accident cases, liability isn’t always straightforward.
Understanding school zone safety laws in Massachusetts
Massachusetts takes the safety of its children seriously, as evidenced in Mass. Gen. Laws Ch. 90 § 17, which states that speeds above 20 miles per hour within an established school zone are prima facie evidence of unreasonable speed.
Key elements of school zone regulations
Children are considered especially vulnerable road users. Due to their age, they may not fully grasp traffic dangers. Massachusetts law recognizes the limitations of young minds and accounts for them. School zones are designed to reduce risks by including features, such as:
- Clearly posted reduced speed limits near schools during certain hours
- Warning signs and flashing lights to alert drivers
- Crosswalks with or without crossing guards
Drivers are expected to anticipate the unpredictable behavior of children and take heightened precautions.
Who can be held responsible in a school zone accident?
Determining liability in a school zone injury case is usually more difficult than other types of personal injury claims due to the number of potential parties and varying degrees of responsibility.
A negligent driver
A driver who fails to follow traffic laws (e.g., speeding, distracted driving, or failing to stop at a crosswalk) in a school zone may be the primary party at fault. If a child is hit while walking to school or crossing the street, and the driver was speeding or not paying attention, the driver can be held liable for the resulting injuries and damages.
The school or school district
Schools and their staff owe a duty of care to students during school hours. This duty includes caring for children while students are on school property or in designated pick-up/drop-off locations. A school may be partly to blame if it:
- Fails to keep an eye on children during dismissal
- Doesn’t enforce safe crossing procedures
- Allows buses to drop children off in unsafe locations
- Fails to identify or address known safety hazards near school property
It’s important to remember that lawsuits brought against public school districts may trigger government immunity laws, which can make a claim even more complicated. An accident lawyer can look into whether a claim is valid and what problems may come up.
A crossing guard or school staff member
If a crossing guard was present but failed to properly direct traffic or ensure the child’s safety while crossing, they may be considered negligent. The guard’s employer, typically the city or town, may be held responsible under the legal doctrine of vicarious liability.
A third-party contractor or municipality
A contractor working near the school or the municipality responsible for the road maintenance could be deemed at fault if they:
- Obstruct views with construction equipment
- Fail to maintain proper signage or markings
- Create unsafe pedestrian areas with temporary traffic changes
Suppose a construction project created a detour that lacked proper signs or barriers, which led to a child being struck. That third-party construction company may be partly to blame.
How liability is determined in Massachusetts
Massachusetts follows a modified comparative negligence rule. Under this rule:
- An injured child (or their parent or legal guardian) can recover damages only if they’re 50% or less at fault for the accident.
- If the injured party is found to be more than 50% at fault, they’re barred from recovery.
- If multiple parties contributed to the accident, each is assigned a percentage of fault.
How a child’s age affects fault
Children are a special consideration in the equation. Since children are generally presumed to lack the same level of judgment as adults, their fault is not judged the same. The younger the child, the less likely they are to be found partially at fault.
Investigating school zone accidents
Establishing fault requires a detailed investigation. Parts of an investigation ordinarily involve:
- Witness statements
- Surveillance or traffic camera footage
- School records
- Expert analysis of accident scenes
An experienced accident lawyer can help obtain and evaluate this information to build a strong case.
What should families do after a school zone accident?
If your child has been hurt in a school zone accident, there are a few critical steps you should take:
- Get medical attention right away, even if the injury is minor. Prompt care can keep your child safe and can also create medical records to back up your claim later.
- Document everything, including photos of the scene and any injuries. You might be able to capture important details such as skid marks, signage, or hazards that may disappear or be altered later.
- Collect contact information of any witnesses. Third-party accounts can provide unbiased perspectives that clarify how the accident happened and who was at fault.
- Request school or police reports, as these official reports typically contain key findings and timelines.
- Avoid speaking with insurance adjusters without speaking with legal counsel first. Statements made early on can be used to minimize your claim. It’s not uncommon for insurers to try to get you to make statements or accept a settlement that doesn’t fully cover your child’s needs or long-term care.
- Contact a Massachusetts accident lawyer who’s familiar with these types of cases.
Accountability matters when a child is hurt
When a child is injured in a school zone accident, the legal and emotional stakes are high. It can be hard to figure out who’s to blame because there are often multiple individuals and entities involved.
Massachusetts law protects young victims, but families should act quickly and carefully. The Law Offices of Gerald J. Noonan has experience handling these kinds of accidents. We can help you understand the legal process, the web of potentially liable parties, and how to get justice for your child.
If your child is the unfortunate victim of a school zone accident, contact us to schedule a consultation and find out how we can help.