Cypress area parents are up in arms about the increase in kids getting hit by cars as they walk or ride bicycles to school. The Cy-Fair ISD school board meeting a week ago was full of parents complaining after the district cut over 80 bus routes and parents saw three kids hit by cars in a single week as the children walked or rode bicycles to get to school. The absence of buses to take kids to school has put more kids on the roads making their way to school where drivers simply are not used to seeing them. Another accident happened just this past week that our law firm learned of. How did we get to this point and what can be done about it?
Why Did Cy-Fair ISD Cut 80 Bus Routes This School Year?
Cy-Fair ISD has found itself in a serious budget crisis. In June of 2024, the district indicated they anticipated a budget shortfall of over 77.5 million dollars for which they already cut 600 positions according to news reports. However, other reports have suggested that the deficit may be close to 140 million. The Texas legislature has not increased the base school budget since 2019 despite a 22% rise in inflation since then, according to Raise Your Hand Texas, a Texas educational advocacy group. Last year, the Texas legislature had a 30 billion dollar surplus and had purportedly planned to send 4 billion to schools, but failed to do so.
This happened despite the Texas legislature giving 18 billion back in property tax relief.
Why Hasn’t the Texas Legislature Put More Money Towards Our Kids When There is a 30 Billion Dollar State Surplus?
Part of the reason that the school budget has not been increased may have to do with the fact that the federal government provided COVID relief funds to the school districts including Cy-Fair. This amounted to over 291 million since 2020. But officials say that this money has now been exhausted and nothing has been done to replace it or to counter inflationary cost increases.
The Texas legislature is not oblivious to the problem. In 2023, the Texas legislature ear-tagged 4 billion dollars for school funding, but they tied the bill to a school voucher program that failed to garnish the support to pass.
Can I Sue Cy-Fair ISD If My Child is Hit Walking or Bicycling to School Now?
Despite the fact that the Cy-Fair ISD school board chose to make up for their shortfall by eliminating many bus routes for people within a certain proximity of the schools, victims of pedestrian accidents and bicycles hit by cars cannot sue Cy-Fair ISD for their injuries. In the State of Texas, public independent school districts are protected by the doctrine of sovereign immunity. This means that you can only sue them for specific grounds that the Texas legislature has “given permission” by passing a law to allow it. While you can hire a Cypress car accident lawyer to sue the school district when their driver operates a school vehicle and negligently hits a child, you cannot sue them for a decision not to offer bus routes and putting children in dangerous situations.
Who is Liable When a Child is Hit Bicycling or Walking to School?
Anytime a child is hit by a car, the facts need to be investigated carefully to determine who, if anyone is liable. There are a number of laws and rules that apply to these kinds of accidents and many questions need to be asked. For example:
- Was the child crossing in a crosswalk or designated area?
- Was the driver paying attention or was he driving distracted by a cell phone, stereo, or something else?
- How old is the child? (A child under the age of 5 cannot be negligent per Texas child injury law. Older children are held to a lower legal standard of care than adults.)
- Was there a traffic signal and if so, was it functioning properly?
- Did the other driver have insurance?
- Did the child’s parents have uninsured and underinsured motorist coverage to make up for any insurance coverage shortfalls of the negligent driver?
The answers to these questions may determine whether the driver was partially at fault, entirely at fault, or not at fault at all. Thus, it is wise to have a bicycle accident lawyer or pedestrian accident attorney evaluate your case to determine your rights.
Talk To An Attorney
If your child was injured or worse, killed while walking or riding their bike to school, you may have legal recourse against the driver of the vehicle that hit your child. Talk to a child injury lawyer about your child’s case. Simmons and Fletcher, P.C., has been advocating on behalf of the injured since 1979.