School Bus Safety: Who’s Liable When Drivers Ignore the Law?
When a school bus extends its stop arm and the red lights flash, every driver must stop. That’s not just common sense—it’s Maine law. Title 29-A §2308 requires motorists to stop while a bus is receiving or discharging students, and those warning lights must stay on throughout the stop. Passing a stopped school bus is illegal and dangerous, and it often creates clear liability when a child or another road user is hurt.
The rule of the road in Maine
In Maine, the stop-arm rule applies on public streets, multi-lane roads, private roads, parking areas, and even on school property. Drivers must remain stopped until the bus resumes motion, the driver signals you to proceed, or the lights stop flashing. Maine’s statute also defines the “stop arm” device and prescribes how bus lights operate—important details when lawyers reconstruct what happened.
Law enforcement and safety officials regularly remind the public: never pass a bus with its red lights on. Maine news outlets have reported that doing so is a Class E crime with a mandatory minimum fine; the registered owner can also face a civil infraction if the driver isn’t identified—points that often matter when insurers debate fault.
How often do drivers break the law?
A lot more than you might think. Nationally, bus drivers and safety agencies report millions of illegal passings every school year. One recent summary from NHTSA citing the NASDPTS survey estimates 43.5 million illegal passings in the 2022–23 year. Other 2025 snapshots recorded more than 67,000 illegal passings in a single day across participating districts. Those figures illustrate how frequently motorists ignore flashing reds—and why claims involving stop-arm violations are sadly common.
Who’s liable when a driver passes a stopped bus?
The passing driver
A motorist who goes around a bus with flashing reds typically violates §2308. That violation can support negligence per se—meaning the crash itself stems from breaking a safety law designed to protect the very people who were harmed (children, pedestrians, bicyclists, or other drivers). Evidence such as dashcam video, eyewitness accounts, and bus surveillance usually resolves liability quickly.
Employers (if the driver was on the job)
If the at-fault driver was working (delivery van, contractor pickup, rideshare), the employer’s insurance may be responsible under respondeat superior. Commercial policies can provide higher limits—critical in severe injury cases.
Third parties in limited scenarios
Occasionally, others contribute to the danger: a poorly placed bus stop that forces children to cross at a blind curve; defective bus lights; or a property owner whose landscaping blocks sightlines. These cases are fact-specific and require fast investigation and notice, especially if a municipality is involved.
Your own coverage
If the driver flees or carries low limits, uninsured/underinsured motorist (UM/UIM) coverage on a family vehicle can step in. Many families don’t realize these benefits may apply to a child struck near the bus, even if the child wasn’t in a car.
What evidence proves a stop-arm case?
You don’t need to guess which car was at fault. Gather (or have your lawyer secure) these items:
- Bus video and GPS: Many buses record outward-facing video and log when the stop arm and reds activate.
- Dashcam footage: Parents and other motorists increasingly carry dashcams; video often captures the illegal pass.
- Witness statements: Students, neighbors, and other drivers can confirm the light status and the vehicle’s path.
- Physical layout: Photos of the roadway, lane markings, crosswalks, and sight obstructions help experts explain why the pass was dangerous.
- Police report and citations: A citation for §2308 is powerful evidence in civil claims, even if the case later resolves without a conviction.
- Injury documentation: Prompt medical care links symptoms to the incident and closes the door on insurer arguments about delay.
Common defenses—and how to counter them
- “The lights weren’t on.” Pull the bus data. Maine law regulates activation and use of lights; video and driver testimony typically resolve the dispute.
- “The driver waved me through.” Only proceed when the bus driver clearly signals you after coming to a full stop; otherwise, you must wait.
- “I was in the other lane/lot/private road.” Maine’s rule applies broadly, including private roads and parking areas.
- “No one was crossing.” The statute protects loading and unloading zones precisely because children may appear suddenly; you must stop regardless.
If a driver ignored the reds and caused injury, act fast
- Call 911 and request medical care.
- Preserve video: Ask the district and police to retain bus footage for at least two hours before and after the stop.
- Collect info: Photograph the bus, stop arm, surrounding area, and the vehicle that passed. Get the plate.
- Identify witnesses: Parents, students, and residents often have crucial details or doorbell camera video.
- Notify insurance—but don’t give a recorded statement until you understand your rights.
- Talk to a Maine injury attorney quickly: Public-entity notice deadlines and evidence retention windows are short.
How our firm builds these cases
We move quickly to secure bus data, police body-cam footage, and any nearby camera video. We analyze the sun angle, sightlines, and stopping distances to explain why the pass was unreasonable. We coordinate with pediatric and orthopedic specialists to document injuries and long-term needs. And we pursue all available insurance—the at-fault driver’s policy, any employer policy, and your family’s UM/UIM—so your child’s care and recovery come first.
Help protect kids at the curb
Parents can reinforce safety by arriving early to supervise, modeling safe crossing, and advocating for high-visibility stops. Communities can help by trimming vegetation, improving lighting, and supporting enforcement days and public awareness efforts. National and state data show the problem is widespread, and consistent enforcement saves lives.
Injured because a driver blew past a bus with flashing reds? Peter Thompson & Associates holds negligent drivers accountable across Maine. We’ll preserve the video, prove liability, and pursue full compensation.
Free consultation. No fee unless we win. Call (207) 874-0909 or contact us online today.