Jacob’s Law in South Carolina

On July 12, 1994 Jacob Strebler was killed when the 15-passenger van that was carrying him to school was involved in a rollover accident with a pick up truck. Rollovers greatly increase the chances of fatalities or severe injuries; it has been proven in several studies that 15-passenger vans are more likely to roll over than any other type of passenger vehicle.

The dangers of these vans have been known for decades, and in fact a federal law enacted in 1974 specifically legislated that they could not be used to transport children to and from school if the route contained 10 or more students. However enforcement of this law has been basically non-existent, and the federal government has generally left the states to draw up their own laws and enforcement measures.

In South Carolina, the Jacob’s Law did just that. As of July 1, 2000 all students must be transported to and from school on a school bus, as defined by federal law regardless of how many children are on any particular route. Further, conforming school buses must be used as transportation for all school related trips – tying up a loophole that allowed schools to use the cheaper vans for sports teams and other activities. The only exception is the use of common carriers (motor coaches) for longer trips, providing that the operators of these coaches are not catering predominately to the school market.

The law also stated that parents have the right to designate a day care or other location as a pick-up or drop-off point for their children.

In Texas the law is different, and closely follows the 1974 federal law. Routes with ten or less children can still use 15-passenger vans or any other type of passenger vehicle as long as it does not exceed the rated seating capacity. Unfortunately, 15-passenger vans are notorious for having a five-fold increase in risk of rollover at full capacity. The National Highway Traffic Safety Administration (NHTSA) recommends that if these vans are used at all, that they do not be operated at “full” seating capacity.

For school activities, these vans – and not the much safer regulation school buses – can be used as well in Texas, regardless of the number of students as long as the vehicle’s stated capacity is not exceeded.

However just because this is the law does not mean it is right. Texas law clearly needs to be updated to reflect the dangers of transporting children in non-conforming school buses. And because enforcement is not usually an issue, many schools, day cares, youth groups, sports teams, and all other youth-related organizations can freely bend the rules or may not even know the law, putting children at even greater risk.

If you or a loved one has been injured on a school bus or alternative vehicle, contact  a personal injury lawyer at Jim S. Adler & Associates to find out what your rights are. You may be entitled to compensation due to negligence on the part of several different entities. But don’t try to investigate yourself, and do not agree to any settlements until you talk to us first. We’ll make sure that your rights are protected, and that you will receive the best compensation package possible.

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