Each fall, police across Alberta remind drivers to be mindful of traffic congestion in school zones, to slow down, remain alert, and follow posted school zone speed limits. Yet despite these warnings, preventable accidents continue to occur. Some result in serious injuries to children and pedestrians, while others involve collisions between vehicles in congested or poorly supervised areas.
Understanding how liability is determined under Alberta law is essential for those injured in school zone accidents, whether as pedestrians, cyclists, or drivers.
Increased Traffic Risks During Autumn
The autumn marks a dramatic shift in road activity. School zones that were quiet through the summer become busy again, often with unpredictable traffic flow. Parents and school staff attempt to manage large volumes of vehicles in confined spaces, while children, especially younger ones, may not yet fully understand how to navigate crosswalks or parking lots safely.
Collisions tend to spike during the first few weeks of the school year. Many of these incidents involve inattentive or hurried drivers failing to yield to pedestrians in crosswalks or ignoring flashing school zone lights. Even low-speed impacts can cause serious injuries to children, who are smaller, less visible, and more vulnerable to trauma.
The Duty of Care in School Zones
All drivers owe a general duty of care to others on the road. However, that duty is heightened in areas where children are expected to be present. Alberta courts recognize drivers must exercise increased caution near schools, playgrounds, and other child-dense environments.
Under Alberta’s Traffic Safety Act, school zones are clearly designated with posted speed limits, typically reduced to 30 km/h during specified hours. These limits are not optional guidelines; they exist precisely because children can behave unpredictably. Failing to adhere to these limits or yielding to pedestrians may result in fines and serve as strong evidence of negligence in a civil claim.
When a collision occurs in or near a school zone, the central legal question becomes whether the driver met the standard of care expected of a reasonably prudent driver under the same circumstances. Evidence such as speed, driver attention, and compliance with posted signs will be critical to determining liability.
Pedestrian Rights and Driver Responsibilities at Crosswalks
Crosswalk collisions near schools are among the most devastating types of traffic accidents. Alberta law imposes clear obligations on drivers to yield the right of way to pedestrians lawfully crossing within marked or unmarked crosswalks.
The Use of the Highway and Rules of the Road Regulation states that vehicles must yield when a pedestrian is crossing a roadway in a crosswalk. Even where the pedestrian is partially at fault, for example, stepping suddenly into traffic, courts may apportion greater liability to the motorist, particularly in school zones where children’s unpredictable behaviour is foreseeable.
Drivers who fail to stop at crosswalks, pass vehicles already stopped for pedestrians, or drive through flashing school crossing lights can face both traffic penalties and civil liability if injuries result. In the context of a personal injury claim, this conduct demonstrates a failure to meet the expected standard of care.
Liability in Collisions Involving School Buses
Another common type of school-related accident involves vehicles that ignore school bus signals. Alberta’s Use of the Highway and Rules of the Road Regulation makes it an offence to pass a school bus when its red lights are flashing or its stop arm is extended. Violating this rule can result in significant fines and demerits; if an injury occurs, it can be strong evidence of negligence.
Courts treat such behaviour as a serious breach of duty. A driver who disregards a stopped school bus or fails to anticipate children entering or exiting the bus zone may be found fully liable for resulting injuries. Even when visibility is limited by weather or obstructions, the law expects drivers to slow down and exercise due care.
In some cases, liability can extend beyond individual drivers. For instance, if a school bus operator fails to engage the stop arm properly or parks unsafely, questions may arise about shared responsibility. Each case turns on its own facts, and liability may be divided accordingly under Alberta’s contributory negligence principles.
The Role of Municipalities and Schools in Preventing Collisions
Although most school zone collisions result from driver error, liability can sometimes involve municipalities or school authorities. Poorly designed intersections, inadequate signage, malfunctioning crosswalk lights, or the absence of designated crossing guards may contribute to an unsafe environment.
Municipalities must maintain roadways and traffic control devices in a reasonably safe condition. If an accident occurs because a crosswalk signal malfunctioned or road markings were faded or confusing, the injured party may pursue a claim against the municipality. These claims require proof that the municipality knew or should have known of the hazard and failed to act within a reasonable time.
Similarly, schools are responsible for taking reasonable measures to protect students on their property. If a school fails to manage traffic flow safely during pick-up or drop-off times or allows unsafe pedestrian access routes, it may face potential liability under the Occupiers’ Liability Act. However, these cases are often complex and require careful legal and factual analysis.
Determining Fault in Multi-Vehicle School Zone Collisions
Collisions near schools often involve multiple vehicles, particularly in high-traffic areas where parents line up to drop off or pick up children. Rear-end collisions, sideswipes, or chain-reaction impacts can occur in moments of congestion or distraction.
In such situations, fault is not always straightforward. While the trailing driver is often presumed at fault in a rear-end collision, that presumption can be rebutted if another driver’s sudden or unsafe manoeuvre caused the initial event. Dashcam footage, witness statements, and police reports play an essential role in clarifying how the crash occurred and who bears primary responsibility.
Under Alberta’s Contributory Negligence Act, liability can be apportioned among multiple drivers based on their degree of fault. This means that even if one driver was primarily responsible, another may still share a percentage of liability if their conduct contributed to the collision.
Insurance and Compensation After a School Zone Collision
Following any motor vehicle accident in Alberta, individuals who are injured are entitled to certain benefits, regardless of fault. These are known as Section B benefits, which cover medical expenses, income replacement, and limited rehabilitation support. However, when another driver’s negligence causes the injury, additional compensation may be sought through a tort claim.
A tort claim allows the injured person to recover damages for pain and suffering, loss of income, future care costs, and other losses not covered by insurance. Establishing liability is key to such claims. Evidence such as police reports, surveillance footage, or eyewitness testimony can be vital to demonstrating negligence.
Special Considerations for School Zone Accident Claims
Special procedural considerations apply in cases involving minors. A parent or guardian must act as a litigation representative for the child, and settlements typically require court approval to ensure the child’s interests are protected.
Victims should seek legal advice as soon as possible after an accident. Early consultation helps preserve evidence, secure witness statements, and ensure compliance with limitation periods under Alberta law. In most cases, claims must be filed within two years of the accident, though certain exceptions may apply when minors are involved.
Cuming & Gillespie LLP: Top-Tier Calgary Motor Vehicle Accident Lawyers
For victims and families coping with the aftermath of a school zone accident, legal guidance can make all the difference. A skilled personal injury lawyer can help navigate Alberta’s complex insurance and liability landscape, ensuring that injured parties receive the support and compensation they deserve, and helping reinforce the message that safety in school zones must remain a shared community priority.
If you or your child has been injured in a school zone or crosswalk accident, you don’t have to navigate the aftermath alone. Cuming & Gillespie LLP provides compassionate, results-driven representation for victims of negligent driving. Contact us today online or call (403) 571-0555 to discuss your rights and options for pursuing compensation.