Back-to-School Pedestrian Safety: Legal Rights When Children Are Injured in School Zone Crossings

The return to school brings a familiar surge of activity to our communities. Streets that were quiet during the summer months are once again bustling with yellow buses, parent drop-off lines, and, most importantly, children on foot. While this season is filled with excitement, it also carries a heightened risk for pedestrian accidents, particularly in and around school zones where children are most vulnerable. A moment of driver inattention or a child’s misjudgment can lead to devastating consequences, leaving families to navigate physical injuries and emotional trauma.

When a child is injured in a school zone crossing, the path forward can be confusing and overwhelming.

What Are a Driver’s Specific Duties in a Mississippi School Zone?

In Mississippi, drivers are held to a higher standard of care when operating a vehicle in a designated school zone. This isn’t just a matter of courtesy; it’s a legal obligation. The law recognizes that children, especially younger ones, can be unpredictable and may not have the same awareness of traffic dangers as adults. Therefore, drivers must exercise increased vigilance and caution.

Key responsibilities for drivers include:

• Adhering to Reduced Speed Limits: All school zones in Mississippi have clearly posted, reduced speed limits that are active during specific hours (typically when children are arriving at or leaving school). Driving even slightly over this limit can be considered negligence.
• Yielding to Pedestrians in Crosswalks: Drivers must stop for pedestrians, including children, who are in a crosswalk. This applies to both marked and unmarked crosswalks at intersections.
• Anticipating Unpredictable Behavior: A reasonable and prudent driver should anticipate that a child might dart into the street unexpectedly. This means being prepared to stop suddenly and constantly scanning the sidewalks and areas between parked cars.
• Avoiding Distractions: Texting, talking on the phone, adjusting the radio, or any other activity that takes a driver’s attention off the road is especially dangerous in a school zone. Distracted driving is a primary cause of these tragic accidents.
• Obeying Crossing Guards: The signals and directions of a school crossing guard must be obeyed at all times. Ignoring a crossing guard’s command to stop is a clear violation of a driver’s duty of care.

When a driver fails to meet any of these heightened responsibilities and a child is injured as a result, that failure can serve as the basis for a negligence claim.

Who Can Be Held Liable for a Child’s Pedestrian Accident?

Determining liability after a school zone accident can be more complex than it first appears. While the driver of the vehicle is often the primary at-fault party, other entities may share responsibility for creating the hazardous conditions that led to the injury.

Potential liable parties include:

• The Negligent Driver: The individual who was operating the car, truck, or motorcycle that struck the child is the most obvious defendant. Their liability typically stems from speeding, distraction, or failure to yield.
• The School District or Municipality: In some cases, a government entity may be liable if the accident was caused by unsafe conditions. This could include poorly maintained crosswalks, malfunctioning traffic signals, overgrown vegetation that obstructs visibility, or a lack of adequate signage. Pursuing a claim against a government body in Mississippi involves specific procedures and notice requirements under the Mississippi Tort Claims Act, making experienced legal guidance essential.
• A Third-Party Driver: Sometimes, the actions of another driver can contribute to an accident. For example, if one car illegally passes a stopped vehicle in a crosswalk and strikes a child, that driver would be at fault.
• Vehicle Manufacturer: In rare instances, a defect in the vehicle that struck the child could be a contributing factor. If brake failure or another mechanical issue caused the driver to lose control, the vehicle’s manufacturer could potentially be held liable.

A thorough investigation is required to identify all potential sources of liability. This often involves gathering evidence from the scene, speaking with witnesses, and sometimes consulting with accident reconstruction professionals to piece together exactly how the incident occurred.

Work with Experienced Mississippi Vehicle Accident Lawyers

The aftermath of a child’s injury is a path no parent should walk alone. The legal system is complex, and the tactics used by insurance companies can be difficult to counter without proper knowledge and resources. Protecting your child’s rights and securing their future is paramount, and acting promptly is key to preserving critical evidence and building a strong claim.

If your child has been injured in a school zone pedestrian accident in Mississippi, we invite you to contact Gardner Law Group. We can provide the guidance and support your family needs to navigate this challenging time. Call us at (228) 436-6555 to schedule a free, no-obligation consultation to discuss your case and learn how we can help.