(Newswire.net — May 14, 2018) — If you think your school district will cover on-campus vehicle accidents, think again. The Round Rock Independent School District in Round Rock, Texas had two separate on-campus accidents, two years apart, and still not liable.
Recent Accident On-Campus of Round Rock Independent School District Middle School
The most recent accident involved an arm gate accident that injured Christy Litz at Walsh Middle School. “It’s pretty scary,” Christy Litz told local media outlets.
Litz suffered a head injury after a gate arm plowed through the windshield of her car and exited out of the rear passenger window. The incident could have been far worse if Litz’s daughter Claire had been in the vehicle.
As a crossing guard signaled Litz to drive through after dropping her daughter off, the gate arm vehicle accident occurred. “Then, all of the sudden, just head pain. The person in front of me doesn’t remember the gate there,” Litz said.
Litz suffered a concussion and head lacerations that needed three stitches. The gate arm swung into the driving lane of the school, potentially from a gust of wind. Unfortunately, no school authority witnessed the incident, nor is their video footage.
One would think this is an isolated incident. Bad luck maybe. However, this is not the first arm gate accident on the grounds of a Round Rock Independent School District school.
Second Arm Gate Accident at Deerpark Elementary in Round Rock, Texas
Two years previously Kathi Hall was involved in an arm gate accident at Deerpark Elementary, another Round Rock ISD school.
“Yeah, what are the odds?” Kathi Hall asked in an interview after hearing of the recent arm gate accident. Only this accident injured a student, Kathi Hall’s granddaughter Jordan Winfree. “It hit my granddaughter in the face,” Kathi Hall told media outlets.
This arm gate accident was very severe, as young Jordan needed plastic surgery. Kathi noted that her granddaughter had lost her ability to smile.
Texas School District Still Not Taking Responsibility
After the families failed to get answers from Round Rock Independent School District about the oddly related incidents, they enlisted help from the local press. It turns out that the district is not liable under Texas law.
Texas law states that schools have “sovereign immunity” and lawsuits cannot be filed against them. This includes personal injury accidents. How is this possible?
“We send our children there and they’re not responsible for them. That’s crazy,” Kathi Hall told media outlets after learning about the findings. There needs to be some form of responsibility to help the families cover emotional and monetary costs.
“Paying for your medical bills, missing time at work, and adjusting to a diminished quality of life are just some of the impacts that many personal injury victims are coping with in the wake of a serious accident,” personal injury attorney JR Reyna explained.
Interestingly, neither family received an apology letter from the school district, despite the facial damage caused to a student.
KVUE ABC received this statement from the school district after following up for a statement:
“Our campuses work to make student pick up and drop off, as well as visiting processes, as safe as possible for everyone at our campuses. This includes efforts to keep gates closed and secured during various times throughout the day, while making sure that they are still accessible to the fire departments and emergency responders if needed. While we continue to investigate how this situation could have happened, we will maintain these efforts and also ask for the assistance of our community by remaining mindful of their surroundings when driving through campuses, maintaining an appropriate speed and reporting any obstructions that may pose a safety concern to the campus.”
Are School Districts Liable For Anything?
It would seem that in Texas, “sovereign immunity” could be applied to any number of accidents. However, there are times when schools are liable. For instance, if a school fails to put a student’s safety at the forefront, an injury claim can be made.
Sports injuries are the most common in schools. Liability waivers can be used in defense of a school if an injury lawsuit is presented. These waivers, however, do not protect against intentional conduct or gross negligence.
School districts can also be on the hook for a lawsuit in bullying, assault, and shooting incidents as well. But negligence needs to be shown in these instances as well.
If you think that your child is safe at school, and you have the power of the law behind you if an accident was to occur, think again. The arm gate accident in Round Rock, Texas highlights just how much power school districts have. It may be worthwhile to talk to an attorney to see what laws apply in your area.