Driver Claims Brakes Failed In Crash With School Bus

In early April 2026, a crash between a tractor-trailer and a school bus occurred on Zoo Parkway in Duval County. The driver of the tractor-trailer lost control of his vehicle, colliding with a school bus full of kindergarteners and sending at least four to the hospital, while others were treated at the scene. Two children were trapped at the back of the bus immediately after the impact, only being extricated a bit later. While the driver was cited for careless driving and fined, families spoke to the press and stated they were contemplating legal action.

Can We File Suit?

No one wants to think of their child being injured, but it can feel particularly awful when the injury comes due to another person’s actions. While the tractor-trailer driver was not charged with any kind of criminal offense after the crash, this does not mean that the families of the injured cannot bring suit in civil law to seek damages. (Civil and criminal courts are different, so facing both types of suit does not trigger Fifth Amendment double jeopardy.)

Minor children – that is, those under age 18 – cannot file a civil lawsuit on their own, but their parents can do so as their “next friend.’ A ‘next friend’ is someone who represents an otherwise legally incompetent person in court – most often, children or disabled people whose impairments are too severe for them to represent their own interests. They will usually seek the same damages as any other individual – medical bills, pain and suffering, and so on – though of course, minors do not usually earn wages.

Who Is Liable?

In the Duval County crash, the parents of the injured children will seek damages from both the driver and their employer, if possible. Florida law recognizes a legal theory known as vicarious liability, and it states that if an employee commits a tort (a civil wrong, rather than criminal) while acting in furtherance of their employer’s business, their employer may be held liable for the employee’s actions.

That said, a new wrinkle was introduced in this case, as the tractor-trailer driver claimed that his brakes ceased working just before the crash. If this turns out to be accurate, this may open up the likelihood of several other potential defendants playing a role in the crash. Florida law does permit multiple defendants in this type of case, and if the brakes were allegedly defective, there is likely more than one person or entity who may be responsible for that. It remains to be seen whether the brakes actually malfunctioned, or the driver was careless.

Contact A Tampa Tractor-Trailer Accident Attorney

It is likely that the lawsuit against the Duval County tractor-trailer will take some time to unravel, but if you have been injured by a tractor-trailer driver, your case may be more straightforward. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help protect your rights during the legal process – contact us today to schedule a consultation.

Source:

firstcoastnews.com/article/news/local/zoo-parkway-school-bus-crash-report-details/77-fefd36d3-e2dc-479c-a2d6-f8d291ff19b8