Three Layers Of Responsibility: Who Answers For A School Bus Crash In Florida?
Parents hand their children over to a school bus every morning on trust. When a crash breaks that trust, the natural question is who is responsible. The honest answer is that responsibility on a school bus is stacked in layers, and each layer follows its own rules. That structure shapes what an injured child’s family can recover.
Layer one: The driver behind the wheel
Speeding, distraction, rushing a railroad crossing, or pulling away before a child is clear of the bus can all support a negligence claim. But if the driver works for a school district, section 768.28(9)(a), Florida Statutes, generally shields that driver from personal liability unless they acted in bad faith, with malicious purpose, or with wanton and willful disregard for safety. In most cases, the claim runs to the employer instead.
Layer two: The school district
Under section 1006.21(2), Florida Statutes, district school boards must provide for student transportation and adopt the rules needed to ensure safety in the operation of every bus used to transport students. A district can be responsible for how it hires, trains, and supervises drivers, how it plans routes and stops, and how it inspects and maintains its fleet.
The catch is sovereign immunity. Claims against a school board fall under section 768.28(5), which limits recovery to $200,000 per person and $300,000 per incident. Anything above that generally requires a claim bill from the Legislature, a slow and uncertain process. In 2026, lawmakers passed a bill to raise those limits for the first time in more than a decade. More than a dozen school superintendents urged a veto, citing the cost to districts, according to the Florida Phoenix. The governor vetoed the bill on June 30, 2026, as reported by The Florida Bar News. For a child facing a lifetime of care after a brain or spinal cord injury, $200,000 can disappear quickly.
Layer three: The private contractor
Many districts and charter schools hand some or all of their busing to private transportation companies, and section 1006.21(5) specifically contemplates contracts for school bus transportation services. A private company is not a government agency, so it may not enjoy the same caps. Whether a contractor can borrow the district’s protection frequently turns on how much control the district kept over its daily operations. That makes the contract itself a critical piece of evidence.
Questions that decide who pays
A thorough investigation looks at the whole chain, not just the driver. Key questions include:
- Who employed the driver, and what do the hiring, training, and discipline records show?
- Who owned the bus, and who was responsible for inspections and repairs?
- What does the transportation contract say about safety duties, insurance, and indemnification?
- Did another motorist, such as a driver who illegally passed a stopped bus, play a role?
The answers can mean the difference between a recovery capped at $200,000 and one that fully accounts for a child’s future.
Protecting your child’s claim
Strict written notice requirements apply to claims against school boards, and contractor records can be harder to obtain as time passes. The Jacksonville child injury attorneys at Gillette Law can identify every responsible party and pursue each one. We offer free consultations, and we would be glad to sit down with your family and talk through what happened.
Source:
flsenate.gov/Laws/Statutes/2025/768.28
