Back to School, Back to Defense: Defending New Jersey School Bus Cases Under the Tort Claims Act

Written by: Dalal Kurmlavage

As the new school year nears in New Jersey, thousands of schools buses will return to the roads daily. While school buses are often a symbol of routine and safety, they can also be a source of complex insurance claims and litigation.

For insurers, school districts, and defense attorneys, understanding the unique legal landscape surrounding school bus liability is critical.

School bus-related claims involve:

·       Accidents involving other vehicles

·       Injuries to students while boarding, riding, or exiting

·       Pedestrian or bicyclist injuries

·       Claims against drivers for negligence or misconduct

·       Liability for insufficient supervision or unsafe drop-off locations

Proactive defense strategies include:

1.     Tort Claims Act & Notice Requirements

The New Jersey Tort Claims Act (NJTCA), also known as Title 59, governs claims against public entities and employees. This Act requires notice within 90 days and provides various immunities. If the plaintiff fails to file timely notice under the Tort Claims Act, the case may be dismissed entirely. Understanding and enforcing this statutory requirement can be decisive in early claim resolution or dismissal.

2.     Preserve and Protect Evidence Immediately

Bus camera footage, GPS data, driver logs, and maintenance records are often central to liability defenses. Quick coordination with the insured to secure this evidence can prevent spoliation arguments and strengthen the defense narrative.

3.     Assess Comparative Negligence Early

In many cases, other motorists or even pedestrian actions contribute to the loss. Establishing third-party liability or shared fault early can significantly reduce exposure.

4.     Evaluate Driver Training and Compliance

Demonstrating that the bus driver was trained, licensed, and compliant with safety protocols can be persuasive in settlement negotiations or at trial.

5.     Anticipate the Public Relations Factor

Because these claims involve children, they can attract media coverage. Balancing legal defense with sensitivity to public perception is critical, especially when working with municipal clients.

Safety and Liability on the Road Ahead

The yellow school bus is built for safety but it is not immune to litigation. Whether it is a minor fender bender or a serious injury claim, school bus incidents present unique legal and emotional insurance challenges.

Insurers and transportation entities should act quickly and collaboratively with experienced defense counsel to protect their insured and manage exposure. In an era of heightened sensitivity and rising claim severity, early strategy and thorough documentation make all the difference.