As the school year enters its final weeks, El Paso roads around schools become more chaotic than ever. Parents rushing to drop-offs on Montwood Drive, children walking along Edgemere Boulevard, crossing guards navigating the congestion around Coronado High School on Hawkins Boulevard. The end of the school year brings field trips, early dismissals, and graduation rehearsals, all of which put more children near busy roads at unpredictable times.
El Paso has one of the highest densities of school zones in Texas. With more than 150 schools spread across the El Paso Independent School District, Ysleta ISD, and Socorro ISD, school zone safety is not just a seasonal concern. It is a year-round issue that demands attention from every driver. If your child has been injured in a school zone accident, understanding Texas law and your rights as a parent is the first step toward holding the responsible party accountable.
Texas School Zone Laws and Penalties
Texas takes school zone violations seriously, and the penalties reflect it. Here is what every El Paso driver needs to know:
Speed limits drop to 15-25 mph in active school zones. These reduced limits are enforced when flashing school zone lights are active or when signs indicate "when children are present." The specific speed varies by school zone but is always posted.
Fines are doubled in school zones. A speeding ticket that would cost $150 on a normal road can cost $300 or more in an active school zone. Repeat offenders face even steeper penalties.
Passing a stopped school bus is illegal. When a school bus extends its stop sign and activates flashing red lights, all traffic in both directions must stop. The only exception is when a physical median separates the lanes. Violating this law carries fines of up to $1,250 for a first offense and up to $2,000 for repeat offenses. If a child is struck, the driver faces criminal charges.
Handheld device use is banned. Texas law prohibits using any handheld electronic device while driving through an active school zone. This goes beyond the statewide texting ban and includes hands-free calling in some jurisdictions.
These laws exist because children are unpredictable. They dart between parked cars, chase balls into the street, and do not always understand traffic signals. The reduced speeds give drivers the reaction time needed to avoid tragedy.
Common Causes of School Zone Accidents in El Paso
School zone accidents in El Paso share common patterns that our attorneys see repeatedly:
Distracted driving is the leading cause. Parents checking phones during school drop-off, drivers adjusting GPS near unfamiliar school routes, and commuters who do not realize they have entered an active school zone are all putting children at risk. The neighborhoods around Eastwood High School on Album Avenue and the schools along Montwood Drive see this daily.
Speeding through school zones remains a persistent problem despite doubled fines. Some drivers simply do not slow down, either because they are running late or because they ignore the flashing lights. Even a few miles per hour above the reduced speed limit dramatically increases the severity of injuries when a child is struck. A pedestrian hit at 20 mph has an 85 percent chance of survival. At 40 mph, that drops to 35 percent.
Failure to stop for school buses happens more often than parents want to believe. Impatient drivers pass stopped buses along major roads like Alameda Avenue and Dyer Street, putting children who are boarding or exiting at extreme risk.
Inadequate visibility compounds other hazards. Parked cars along school zone streets block sightlines. Morning sun glare on east-west roads like Montwood and Edgemere can blind drivers during drop-off hours. Construction near schools reduces available road space and creates confusion.
Reckless driving in parking lots and drop-off zones is another significant risk. Parents in a hurry cut through parking lots at unsafe speeds, make illegal U-turns, or fail to yield to pedestrians in crosswalks. The congested parking lots at schools along Vista del Sol and Americas Avenue become especially dangerous during the rush.
Who Is Liable for a School Zone Accident?
Determining liability in a school zone accident depends on the specific circumstances, but several parties may be responsible:
The driver is the most obvious defendant. A driver who was speeding, texting, or otherwise negligent in a school zone will be held to an even higher standard of care given the known presence of children. Texas modified comparative fault rules mean the driver can be held liable as long as they bear at least some responsibility for the accident.
The school district may share liability if their negligence contributed to unsafe conditions. This could include failing to provide crossing guards at dangerous intersections, poorly maintaining crosswalk markings and signage, negligent supervision of students during dismissal, or operating school buses in an unsafe manner. Claims against government entities in Texas are governed by the Texas Tort Claims Act, which imposes specific notice requirements and damage caps.
The City of El Paso may be liable if the accident resulted from road design flaws, missing or malfunctioning school zone signals, inadequate signage, or failure to maintain safe road conditions near schools.
Other parents or drivers in the school zone who create hazards through illegal parking, blocking crosswalks, or reckless driving in the drop-off line may also bear responsibility.
What Parents Should Know About Children's Injury Claims in Texas
When a child is injured, the legal landscape differs from adult injury claims in important ways:
Statute of limitations is extended. While the standard Texas statute of limitations for personal injury is two years, claims on behalf of minors are generally tolled until the child turns 18, giving them until age 20 to file. However, waiting is never advisable because evidence disappears and witnesses forget.
Parents file on behalf of the child. A parent or legal guardian brings the claim as "next friend" of the injured child. Both the child's damages (pain and suffering, future medical needs, disfigurement) and the parents' damages (medical expenses, loss of consortium) can be recovered.
Future damages are critical. Children have their entire lives ahead of them. A brain injury sustained in a school zone accident can affect their educational development, future career, and quality of life for decades. Properly valuing these future damages requires expert medical and economic testimony.
Settlement requires court approval. Any settlement of a minor's claim must be approved by a court to ensure it is in the child's best interest. The funds are typically placed in a trust or structured settlement until the child reaches adulthood.
What to Do If Your Child Is Injured Near a School in El Paso
If your child is hit by a vehicle in or near a school zone, take these steps:
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Call 911 immediately. Do not move your child unless they are in immediate danger from traffic. Let paramedics assess and transport them.
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Document the scene. If you are present, take photos of the vehicle, the driver's license plate, the school zone signage, road conditions, and any skid marks. If other parents or witnesses are present, get their names and phone numbers.
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Get the police report. An officer will respond to the scene and create an accident report. This report will document the driver's speed, whether school zone lights were active, and any citations issued.
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Seek immediate medical evaluation. Even if your child seems okay, take them to the emergency room. Children may not communicate pain effectively, and internal injuries or concussions may not be immediately apparent.
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Contact a personal injury attorney experienced with children's claims. The legal process for a child's injury claim is more complex than a standard accident case. An attorney can protect your child's rights, handle communication with insurance companies, and ensure future damages are properly valued.
Protect Your Child's Future: Get Legal Help Now
No parent should have to watch their child suffer because a driver was reckless in a school zone. These accidents are preventable, and the people who cause them must be held accountable for the harm they inflict on the most vulnerable people on our roads.
Lovett & Murray has more than 30 years of experience representing families across El Paso, West Texas, and Southern New Mexico. We understand the urgency and emotion of cases involving injured children, and we fight aggressively to secure the compensation your family needs for medical care, rehabilitation, and your child's future.
We work on a contingency fee basis. You pay nothing unless we win your case.
Contact Lovett & Murray today for a free consultation. Call 915-757-9999 or reach out online. Our bilingual team is ready to listen to your story and help you take the next step.