The Most Dangerous Time of Day: School Zone Safety in Indiana This Fall

The start of the school year brings a sharp increase in pedestrian and traffic activity around schools. Here is what parents and drivers should know about school zone safety and liability when accidents happen.

Every fall, children return to school across Indiana, and the roads become more congested and dangerous. Most school-age pedestrian fatalities occur during the morning arrival and afternoon dismissal hours, which are the same times that drivers are most rushed and distracted.

School Zone Laws in Indiana

Indiana law establishes reduced speed limits in designated school zones during school hours. Drivers are required to slow down, yield to pedestrians in marked crosswalks, and stop for school buses that are loading or unloading children with their stop arm extended. Passing a school bus with its stop arm extended is a serious traffic offense in Indiana — it is a Class A misdemeanor, and the charge rises to a felony if the violation causes injury or death. Drivers who violate school zone speed limits or fail to yield to pedestrians may also face enhanced penalties in many Indiana municipalities.

Who May Be Liable

When a child is injured in or near a school zone, several parties may bear legal responsibility depending on the circumstances. A driver who was speeding, distracted, or failed to yield may be liable for negligence. A school or district may be liable if it failed to provide adequate crossing guards, maintained unsafe drop-off or pick-up procedures, or allowed hazardous conditions to persist near the school. A municipality may also share responsibility if it failed to maintain proper signage, crosswalk markings, or traffic signals in the school zone. Claims against the government entities are subject to the shorter tort claim notice deadlines under Indiana law.

Protecting Your Child

Parents can help reduce the risk of school zone accidents by reviewing safe walking routes with their children, teaching them to use marked crosswalks, and reminding them to make eye contact with drivers before crossing. Children should be taught to look left, right, and left again before stepping into the street. Drivers should remain extraordinarily

cautious in school zones, put away cell phones, and be prepared to stop at all times—children can be unpredictable and may enter the roadway without warning.

If your child has been injured in a school zone accident, the personal injury attorneys at McNeelyLaw can help you evaluate your options and pursue a claim. Contact us today by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.