Michigan School Bus Accident Law: What You Need To Know

Protecting our children from being injured in a Michigan school bus accident is a top priority for parents and for our communities.

The Federal Motor Carrier Safety Administration (FMCSA) has said it shares a deep commitment to high safety standards for drivers of student transport vehicles who keep our most precious cargo – our children – safe as they travel to and from school.

Yet despite the fact that we entrust school buses to safely transport our children, the motor vehicles are exempt from the important federal safety rules that could prevent an accident from occurring in Michigan.

The Safety Regulations issued by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), which apply to all other commercial motor vehicles and other transit vehicles in the U.S., do not apply to student transportation vehicles.

This is one reason why hiring an experienced attorney after a school bus accident in Michigan is critical. Lawyers who handle student transit injury cases as if they were standard commercial motor vehicle crashes can put their clients’ lawsuits at serious risk. In addition, experienced attorneys can highlight the glaring safety issues that occur because they are not covered by the federal rules.

For example, here are the FMCSA safety regulations that student transit drivers are exempt from:

• Driver qualification (including physical qualification and medical certification) regulations
• Hours-of-service regulations
• Vehicle maintenance and repair rules
• Vehicle inspection program requirements
• Vehicle operation regulations
• Insurance and registration regulations

Generally, the only two FMCSA safety regulations that apply to the student transport vehicle drivers who are driving our children back and forth to school are the following:

• Student transport vehicle drivers must have a valid commercial driver’s license (CDL) (49 CFR Part 383)
• Student transport vehicle drivers must comply with the FMCSA’s drug and alcohol testing requirements (49 CFR Part 382)

However, under very limited circumstances such as when a student transport vehicle provides “in-hire” transportation for an out-of-state field trip, some FMCSA safety regulations may apply.

Whatever the reason, our attorneys fail to see why the people whom we entrust to safely transport our children are exempt from many of the federal safety regulations that we think are important enough to apply to commercial transit vehicles and truck drivers transporting less “precious cargo,” such as the lifeless, inanimate product that will stock the shelves of our local grocery store and shopping malls.

What to do after a school bus accident in Michigan?

In Michigan, after a school bus accident, call 911, seek medical care, and ensure a police report is filed. Take photos of the scene and damage, gather witness information, and avoid admitting fault. Notify your auto insurer and file for No-Fault (PIP) benefits within one year to cover medical bills and lost wages. If the student transport vehicle is operated by a public education district or government entity, special notice deadlines may apply, and most injury lawsuits must be filed within three years. Below, we explain each step in more detail.

Seek immediate medical attention

After a school bus accident in Michigan, seeking prompt medical attention is critical, even if injuries initially appear minor. Children and adults may experience delayed symptoms such as concussions, whiplash, soft-tissue injuries, or internal trauma that are not immediately obvious at the scene. Emergency responders should evaluate anyone involved, and follow-up care with a primary physician or specialist is often necessary. Early diagnosis not only protects health and safety but also creates clear medical documentation linking the injuries to the crash.

Under our state’s No-Fault system, timely medical treatment also plays a key role in preserving eligibility for Personal Injury Protection (PIP) benefits, which cover medical expenses and certain wage losses. Insurers closely review treatment records to determine whether care was reasonable, necessary, and related to the crash. Delays in treatment can complicate coverage and causation issues. For that reason, maintaining consistent care, following physician recommendations, and keeping detailed records of appointments and expenses are essential steps after a crash.

File a police report

After a school bus accident in Michigan, ensuring that a police report is filed is an essential step. Law enforcement documentation creates an official record of the crash, including the date, time, location, involved parties, witness statements, and preliminary fault observations. This report can be especially important with these types of crashes, where multiple vehicles, students, or a public entity may be involved. Even if injuries seem minor, an official report helps preserve key facts while memories are fresh.

A police report also plays a critical role in insurance and potential legal claims. No-fault insurers rely on crash reports to verify that the incident occurred and to evaluate coverage. If the student transport vehicle is owned or operated by a public education district or government agency, the report may become central to establishing liability and compliance with statutory notice requirements. Obtaining a copy of the report as soon as it becomes available ensures you have accurate documentation to support any benefits or injury claims.

Take photos of the scene and vehicle damage

After a school bus accident in Michigan, taking photos of the scene and vehicle damage is an important step in preserving evidence. Images captured immediately after the crash can document vehicle positions, points of impact, road and weather conditions, traffic signals, skid marks, and visible injuries. In student transport vehicle-related collisions, photographs may also show whether warning lights were activated, stop arms were extended, or children were present near the roadway. This visual evidence can help establish how the crash occurred before vehicles are moved or conditions change.

Photographs are also valuable in insurance and legal proceedings. No-fault insurers often assess property damage and injury claims based in part on physical evidence, and clear images can help prevent disputes about the severity of impact or extent of damage. If a public education district or government entity is involved, detailed documentation may become critical in evaluating liability. Taking comprehensive, date-stamped photos from multiple angles helps protect your rights and supports any future claim for benefits or compensation.

Gather witness information

After a school bus accident in Michigan, gathering witness information is a key step in preserving accurate accounts of the crash. Witnesses—such as other drivers, pedestrians, faculty and staff, or bystanders—can provide important details about how the crash occurred, the student transit driver’s actions, and road conditions at the time. Collecting names, phone numbers, and email addresses while memories are fresh ensures that their observations can be verified later if needed.

Witness statements are particularly valuable in these types of crashes, which often involve multiple parties and public agencies. These accounts can support insurance claims, help establish fault, and provide corroboration for any injuries or property damage. Promptly recording and safeguarding witness contact information strengthens your case by preserving firsthand evidence before it is lost or forgotten.

Avoid admitting fault

After a school bus accident in Michigan, it is important to avoid admitting fault at the scene. Statements like “I’m sorry” or “It’s my fault” can be interpreted by insurers, attorneys, or courts as an acknowledgment of liability, even if you were not responsible. Stick to sharing factual information with police and emergency responders, such as your observations, the location of vehicles, and any visible damage or injuries.

Avoiding admissions of fault is crucial because these types of crashes often involve multiple parties, including public education districts, other drivers, and students. Insurance adjusters may use any statement against you to limit or deny coverage, and premature claims of responsibility can complicate legal proceedings. By providing only objective facts, you protect your rights while allowing investigators and insurers to determine liability based on evidence rather than informal statements.

Notify you auto insurer

After a school bus accident in Michigan, notifying your auto insurer promptly is an essential step. Informing your insurance company ensures that your claim is officially recorded and that you receive guidance on next steps for coverage, including vehicle repairs, medical expenses, and Personal Injury Protection (PIP) benefits. Provide factual details about the crash, including the date, location, and involved parties, without speculating about fault.

Timely notification is particularly important with these types of auto crash injury claims, which often involve multiple vehicles, students, or public entities. Early reporting helps prevent delays in claims processing and protects your rights under our state’s no-fault system. Your insurer can also advise you on documentation to collect, deadlines to meet, and how to coordinate with other parties involved, ensuring your claim proceeds smoothly.

Consult an attorney

After a school bus accident in Michigan, consulting an attorney can be a crucial step, especially if injuries, significant property damage, or multiple parties are involved. An experienced attorney can explain your rights, guide you through the claims process, and help ensure that deadlines for no-fault benefits or government notice requirements are met. They can also communicate with insurance companies on your behalf and protect you from inadvertently waiving important legal rights.

With these crashes, where public educational institutions or government entities may be involved, legal rules can be complex, including governmental immunity and strict notice deadlines. An attorney can help gather and preserve evidence, evaluate potential claims for additional compensation beyond no-fault benefits, and provide guidance if litigation becomes necessary. Early legal consultation helps safeguard your interests and ensures that you take the correct steps to protect your health, finances, and legal rights.

Can you sue after a school bus accident in Michigan?

In Michigan, you can sue after a school bus accident if you suffered serious injuries. Our state’s no-fault system covers medical bills and lost wages, but you can file a lawsuit for pain and suffering or other damages if your injuries cause a serious impairment of body function. If a public education system or government entity operates the student transport vehicle, special notice rules and deadlines apply, so consulting an attorney is important.

In Michigan, liability for a school bus accident depends on the circumstances of the crash. Typically, the driver or the education district or transportation company that employs the driver can be held responsible if negligence is involved, such as failing to follow traffic laws, improperly maintaining the student transport vehicle, or not supervising students.

If another vehicle contributed to the crash, that driver may also share liability. Our state’s no-fault system covers medical bills and lost wages regardless of fault, but for claims beyond no-fault—like pain and suffering or serious injury damages—liability must be established. If a public education system or government entity owns the student transport vehicle, governmental immunity and strict notice deadlines may limit or affect claims, making legal guidance important.

What if my child is injured as a passenger in a school bus accident in Michigan?

If your child is injured in an accident as a passenger on a school bus in Michigan, you can file a claim to cover their medical expenses through Personal Injury Protection (PIP) benefits under the state’s no-fault system. If the injury causes a serious impairment of body function, you may also be able to sue for additional damages, such as pain and suffering. If the student transport vehicle is operated by a public education authority or government entity, special notice rules and deadlines apply, so it’s important to notify the district promptly and consult an attorney to protect your child’s rights.

How long do I have to file a lawsuit?

In Michigan, the general deadline to file a personal injury lawsuit after a school bus accident is three years from the date of the injury, according to MCL 600.5805(2). This statute sets the standard timeline for most personal injury claims, allowing injured parties to pursue compensation for medical expenses, lost wages, and other damages within that period. Acting within this timeframe is critical to preserving your legal rights and ensuring that evidence and witness accounts remain available.

However, special rules apply when the student transport vehicle is operated by a public education system, government entity, or state agency. For example, claims against a regional transportation authority require written notice within 60 days under MCL 124.419 before a lawsuit can be filed. If the student transport vehicle is owned by the state, you generally have 6 months to submit a notice of intent to file a claim under MCL 600.6431(1), (2), & (4) and MCL 691.1410(1) Missing these deadlines can bar your claim entirely. Because of these strict notice requirements and the complexity of governmental immunity, it is important to act promptly and seek guidance from an attorney experienced with these types of crashes.

What damages can I recover after a crash?

After a school bus accident in Michigan, most injuries and related costs are initially covered under the state’s no-fault system. Personal Injury Protection (PIP) benefits can pay for medical expenses, lost wages, household help, and travel costs for treatment, regardless of who caused the crash. Prompt medical care and documentation are important to ensure all eligible expenses are properly covered.

If the injuries meet our state’s legal standard of a serious impairment of body function, you may also pursue a personal injury lawsuit for additional damages. These can include pain and suffering, permanent disability, loss of enjoyment of life, and future medical expenses or lost earning capacity. When a public education district or government entity operates the student transport vehicle, strict notice deadlines and governmental immunity rules may apply, so consulting an attorney is crucial to protect your rights and recover all available compensation.

Do I need a lawyer for a school bus accident in Michigan?

In Michigan, you don’t always need a lawyer for a school bus accident , especially if your injuries are minor and fully covered by no-fault (PIP) benefits. However, legal guidance is highly recommended if you or your child suffered serious injuries that may allow a lawsuit for pain and suffering, if the student transport vehicle is operated by a public education district or government entity with strict notice deadlines, or if multiple parties are involved. An attorney can help preserve evidence, meet deadlines, communicate with insurers, and ensure you recover all benefits and damages you are entitled to.

When do I need a lawyer for a school bus accident in Michigan?

You need a lawyer for a school bus accident in Michigan if your situation involves more than minor injuries or routine insurance claims. Legal representation is especially important if you or your child suffered serious injuries that may qualify for a lawsuit, if the student transport vehicle is operated by a public education district, government agency, or state entity with strict notice deadlines and governmental immunity rules, or if the crash involves multiple parties or disputed liability. An attorney can help preserve evidence, meet all legal deadlines, communicate with insurers, and ensure you recover all benefits and damages you are entitled to.

How long does a settlement take?

The timeline for a Michigan school bus accident settlement can vary widely depending on the complexity of the case, the severity of injuries, and whether a government entity is involved. For minor crashes with clear liability and straightforward medical bills, settlements through insurance can sometimes be resolved in a few weeks to a few months.

For more serious cases—especially those involving significant injuries, multiple parties, or a public education district/government-owned student transport vehicle—the process can take several months to over a year. Factors that affect timing include medical treatment and documentation, gathering evidence, insurance investigations, and any required notice to government entities. Cases that proceed to litigation or require negotiation for pain and suffering can take even longer. Consulting an experienced attorney early can help streamline the process and ensure all deadlines are met.

What is the average settlement for a school bus accident in Michigan?

The average settlement for a school bus accident in Michigan varies widely depending on several factors. Key considerations include the severity of injuries, whether the injured party is a child or adult, the extent of medical treatment and rehabilitation needed, the impact on daily life or earning capacity, and whether the student transport vehicle is operated by a public education district, government entity, or private company. Cases involving serious injuries or long-term effects generally result in higher settlements, while minor injuries with limited medical costs usually resolve for lower amounts. The complexity of liability and whether multiple parties are involved also plays a significant role in determining the settlement.

State law requires all drivers to stop at least 20 feet away from a student transport vehicle that has stopped with its red lights flashing. Drivers who violate this no-passing law can be fined and even sent to jail if their violation of this law injures or kills someone.

Starting October 11, 2021, student transport vehicles are allowed to be equipped with “stop-arm cameras” that take pictures and/or videos of the drivers and license plates of vehicles who unlawfully overtake a stopped student transport vehicle.

If you were not occupying your parked car at the time it was hit by a student transport vehicle, then you can file a property protection insurance claim for your vehicle damage with the insurance company covering the student transport vehicle.

If you were inside your vehicle, then you will have to use your collision coverage to pay for your vehicle damage repair costs. Alternatively, you could file a mini tort claim under the motor vehicle exception to governmental immunity. (MCL 691.1405) 

Be careful with mini tort releases from the government as they often include language releasing the government from all claims. Talk with an experienced attorney before you sign the release.

The cell phone law can help prevent a Michigan school bus accident from happening. The law prohibits student transport drivers from texting while driving and from talking, calling or answering a mobile phone while driving. (MCL 257.602b(2) and (3)) 

Research has shown that texting drivers are 23 times more likely to be involved in a motor vehicle crash and that dialing a hand-held cell phone while driving makes the driver 12 times more likely to crash.

Here are the school bus accident statistics from 2019 to 2024, according to Michigan Traffic Crash Facts:

• Student transport vehicle-related crashes decreased from 1,197 in 2019 to 1,044 in 2024.
• Injuries from student transport vehicle-related crashes increased from 250 in 2019 to 286 in 2024.
• Fatalities from student transport vehicle-related crashes decreased from 6 in 2019 to 4 in 2024.

If you were injured in a school transport vehicle crash in Michigan, call now (800) 968-1001 for a free consultation with an experienced bus accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Our law firm is the state’s largest and most successful law firm that specializes exclusively in helping people who have been injured in automobile crashes.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms.  This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 3,000 5-Star reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. We have recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in the state. We’ve also recovered the highest ever reported truck crash and car crash settlement in the state.

Call now so we can start making a real difference for you.

(Source: State Traffic Crash Facts, Fact Sheets, “School Buses,” 2019 and 2024)