When boarding or alighting the school bus, children may cross the road from the front or the rear of the bus. Their height, impulsiveness, and speed when crossing make it difficult for drivers in moving vehicles, even the cautious ones, to spot them, leading to car accidents. California legislators have enacted statutes to protect children during these times when they are most vulnerable on the road. One statute that ensures the safety of children when boarding or disembarking the school bus is Vehicle Code (VC) 22454a, which prohibits drivers from passing a school bus with its red signal activated.
A violation of the statute attracts severe penalties, including hefty fines and accumulation of points on your driving record. If you have been cited for the violation, you require the help of an experienced car accident attorney to explain the statute and the consequences of the breach. Additionally, a skilled defense attorney will defend the traffic citation or ticket to avoid the severe penalties.
Legal Definition of VC 22454a
Per VC 224541, it is unlawful for a driver of any car to pass or overtake a stopped school bus on an undivided highway when the bus has an activated red signal or a protracted stop signal arm, if it is equipped with one, or when the bus has stopped to pick up or drop off schoolchildren.
For purposes of the statute, a stop signal is equipment that extends outwards from the side of a school bus to signal to other drivers that it has stopped to allow children to board or alight.
The law requires that you stop the vehicle upon seeing the signal and drive on until the red signal or stop sign arm is inactive.
The law applies to motorists approaching from both directions, including those following from behind or coming from the opposite direction on an undivided two-lane highway.
The only exception is if you are meeting or overtaking the bus on the other roadway of a divided or multiple-lane highway. A multiple-lane roadway is one with two or more lanes running in the same direction, while a divided highway is one with a physical barrier, raised median, or unpaved space in the middle.
If the bus driver observes you violating these traffic laws, they should file a police report within 24 hours of the incident, including the vehicle description, license plate numbers, the time, and the location of the incident, with the local law enforcement agency. The agency will then issue you, the driver accused of the violation, a warning letter. Even though the letter will not appear on your driving record, if you do not defend the citation successfully, you still risk severe penalties.
Understanding these details of the statute is critical in building a solid defense. Therefore, consult with a profound car accident lawyer immediately after you receive the traffic ticket or a citation to start preparing your defense.
Penalties of a VC 22454a Violation
A violation of VC 22454a is an infraction, meaning that a guilty verdict only attracts a monetary fine and no jail sentence or other criminal penalties. Even though it is unlawful to pass or meet a stopped school bus with an active red signal or an extended stop signal arm, it is not a crime. Unfortunately, because the violation is an infraction, many offenders underestimate its penalties.
The penalties for a conviction include:
Hefty Monetary Fines
A violation of VC 22454a comes with a traffic ticket, requiring you to pay a corresponding monetary fine of at most $695.
Typically, drivers who violate VC 22454a do not have to enroll in a traffic school. The option is denied because enrolling and completing the school means that the DMV points accumulated from the violation will not be included in the record. However, even if the court places you in a traffic school and you avoid the driving points, you will still pay the fine stipulated in your traffic ticket. You qualify for a traffic school after a violation if:
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You are a valid driver’s permit holder
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You were operating a non-commercial vehicle when the violation happened
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The traffic ticket is for an infraction
Accumulation of the Department of Motor Vehicles (DMV) Points
Passing a stopped school bus with a flashing signal adds one point to your DMV record. Each point you accumulate is reported to your vehicle insurer. The insurer, in return, revises its insurance premium upwards to cover the increased risk of a car accident, as you are deemed to have risky driving behavior.
Accumulation of points over the years can lead to a driver’s license suspension under the Negligent Operator Treatment System (NOTS). You risk a NOTS suspension if you accumulate 4 points within 12 months, 6 points within 24 months, or 8 points within 36 months.
Defending a VC 22454a Violation Ticket
You do not have to pay the fine that comes with a violation ticket for allegedly passing a stopped school bus with a red signal if you believe that you did not commit the infraction. You can defend the ticket or citation to prevent a fine or the accumulation of points with the DMV. However, when you decide to defend the ticket, you need the assistance of an experienced car accident attorney to help you through the process. The possible defenses that you can use when defending the charge include:
Arguing the Highway was Divided
Under VC 22454a, the law does not apply to drivers of cars who meet stopped school buses on divided or multi-lane highways.
Therefore, you can contest the ticket by arguing that when you passed the bus, you were on the other side of a highway divided by a physical barrier or elevated median.
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The School Bus was Moving
The language of VC 22454a is clear: for a violation to occur, the bus must be stopped to allow children to get on or alight. Therefore, if the bus is still in motion, the law does not apply to you, and you have no obligation to stop.
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There was No Red Signal or Stop Sign Arm
The law stipulates that a school bus equipped with a stop signal arm must extend it so that it is visible to other motorists. If the bus does not have the device, the driver must activate or flash the red signal to warn other drivers of school children boarding or alighting the bus. So, you can defend yourself by arguing that when the signal was flashed, you were alongside the bus and had no way of knowing that it was activated.
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Passing the Bus was Unavoidable
You can challenge the ticket also by claiming that, under the circumstances you were in when the bus stopped, you could have caused a rear-end collision or any other accident by stopping. Your attorney can present video footage of the scene or a dashboard recording of the vehicle behind you to show that passing the stopped bus was necessary to avoid an accident.
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You Had an Emergency
Citing an emergency, such as taking your expectant wife to the emergency room, can be a valid reason for not stopping to allow school children to board or get off a bus. Your attorney can claim that stopping even for a few minutes would have risked the life of your wife; hence, you had to pass the bus, but cautiously, to reach the hospital on time.
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False Identification
The law requires school bus drivers to report any motorists who violate VC 22454a within 24 hours and to furnish local law enforcement with details of the vehicle, including license plate numbers, the time, and the location of the incident. With many cars on the road, it can be difficult for a traffic officer or a driver to identify the vehicle that actually committed a violation. Under the circumstances, you can argue that your car was misidentified because of the resemblance in plates or color to the actual vehicle that passed the stopped bus. Your attorney will prove misidentification by submitting evidence showing that you were in a different location at the time of the alleged violation, so you could not have committed the crime.
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Mistake of Fact
You are guilty of passing a stopped school bus with flashing signals if you knew or ought to have known that the bus was dropping off or picking up schoolchildren. So, in your defense, you can argue that you did not see the flashing signal because of poor visibility or that the bus driver had stopped it in an unusual or non-designated location, leading you to believe it was loading or unloading children reasonably.
You should take your accusations seriously because building a solid defense is challenging. Every assertion you make requires supporting evidence, including witness testimony and pictures.
The Main Reasons you Should Hire a Car Accident Attorney in the Case
California allows motorists to represent themselves when fighting a traffic ticket for a VC 22454a violation. However, it is recommended to consult with an experienced car accident attorney and not just any other legal representative to improve your chances of a favorable verdict. The benefits of partnering with a vehicle accident attorney are:
Understanding of Your Accusations
An attorney whose practice area is car accidents understands all the legal options available to claimants seeking compensation. Besides, many VC 22454a violations are discovered during car accident investigations after you have had an accident. So, if you passed a stopped school bus with a flashing signal and went ahead to cause an accident, you will require the representation of a car accident lawyer. Therefore, when evaluating your case, the attorney will not just look at potential penalties, such as fines and DMV points, in isolation. They will consider potential civil litigation that may follow the conclusion of the court case.
If the ticket stands and you pay the fine, a claimant can file a civil lawsuit seeking compensation for negligently causing the accident. Your fight is not all about avoiding the fine. It is about avoiding a conviction or an unfavorable plea deal, which would constitute evidence of negligence and could be used by the victim to claim compensation for all damages arising from the accident, such as medical bills, lost income, pain and suffering, or loss of life enjoyment.
Even when a civil litigation is filed, a car accident lawyer knows how to negotiate with insurance companies and claimants for a reasonable settlement. Therefore, whatever the route your case takes, your interests are better protected by a car accident attorney.
Adequate Knowledge and Resources for Investigations
Any assertion you make when defending against your case will require supporting evidence. An experienced attorney has networks with private investigators and accident reconstruction experts who can help with investigations to counter the allegations. Your attorney will subpoena the school's management to produce footage from the bus cameras installed at all angles. The attorney can utilize the evidence to develop solid defenses.
Also, the attorney can rely on their network of accident reconstruction experts to analyze footage from the bus to show who violated the law or the unavoidable circumstances, such as traffic, weather, or road conditions, that made it impossible to stop.
Additionally, these attorneys know how to immediately identify evidence, such as bus footage, witness statements, and the police report, and preserve it for use in defense.
Strategic Negotiations with the Prosecutors
Authorities aggressively prosecute VC 22454a violations to discourage bad driving behavior and protect schoolchildren when they are most vulnerable. Therefore, they will take your violation, even though it is an infraction, seriously. A car accident attorney has a deep understanding of these cases and can use the case’s facts to negotiate a favorable deal with the prosecutor. Additionally, prosecutors are more willing to offer favorable deals to defendants with legal representation because an attorney will not accept a deal that does not favor their client. Your attorney can negotiate a reduced charge or a dismissal of the case.
Your Attorney Can Represent you In Court and Defend you Aggressively
If negotiations fail and the case goes to trial, your accident attorney will argue the defense on your behalf to persuade the court to drop the case or reduce the charges. An experienced accident attorney knows how to make arguments and support them with evidence and witness testimony to secure a fair verdict.
Ignoring a Traffic Ticket After a VC 22454a Violation
When you ignore a ticket issued after passing a stopped school bus with a red signal or stop sign arm, there are two possible outcomes. The first is that you may face an additional charge under VC 40508 for failing to appear in court on a traffic citation. Alternatively, you could face penalties for a VC 40508 violation if you are found guilty of this additional charge.
Let us discuss a failure to appear for a traffic citation and its penalties further.
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A VC 40508 Violation
When traffic officers witness you committing a traffic violation, such as passing a stopped school bus with its flashing signal, they issue you a ticket rather than making an arrest, as the offense is an infraction. Before releasing you, the officers ask you to sign a written promise or citation promising to appear in court on the date indicated on the note.
If you sign the promise but deliberately skip court, you will have contravened VC 40508, even if you are innocent.
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Penalties for VC 40508 Violation
When convicted of skipping court on a citation, you risk misdemeanor charges that carry a maximum court fine of $1,000 and no more than 6 months of jail.
The Impact of a VC 22454a Violation on a Personal Injury Claim
Most VC 22454a contravention accusations arise after the car that passes a stopped school bus causes an accident. The details of the violation often reveal themselves during investigations. If you cause car accident injuries to another person in these circumstances, the injured party can file a personal injury claim against you for negligence, which refers to failure to utilize reasonable care, inflicting injuries on another. In an auto accident, the person at fault for the crash and resulting injuries is usually held liable for their negligence. If the claimant wins, the defendant reimburses them for all economic and non-economic damages.
Proving negligence is challenging, especially when the defendant is considered negligent per se. Under this theory, the defendant is deemed to have acted negligently by breaching a law or ordinance. So, when you plead guilty to a VC 22454a violation, or you are convicted on trial, the victim of the car accident can submit a personal injury claim and use the violation to prove negligence per se.
Nevertheless, even though, as the negligent party, you will compensate the victim for the losses, you will only cover damages up to the percentage of your fault. California adopts a comparative fault doctrine, meaning that one receives compensation based on their portion of negligence in the accident.
Find a Competent Car Accident Attorney Near Me
Passing a stopped school bus with a flashing signal is a serious offense that attracts severe penalties. The violation becomes more severe if you caused an auto accident in the process because you risk a personal injury claim against you. You will require an attorney to persuade the court to dismiss or reduce the infraction charge while protecting you from the financial constraints stemming from a civil litigation or personal injury claim.
At the Los Angeles Car Accident Attorney, we will guide you to ensure that you do not ignore the traffic citation. Additionally, we will defend you in a trial and against an auto accident injury claim, if it arises. Call us at 424-237-3600 for a no-obligation consultation.
