What Is Isaac’s Law in Arkansas?

While some may not be familiar with Isaac’s Law in Arkansas, children and families across the state benefit from it every day. 

Drivers who illegally pass school buses in Arkansas face steep penalties. This is due to a law that the state legislature passed almost 20 years ago. That law, known as Isacc’s law, was a direct response to a tragic accident in which a fourth grader named Isaac was killed when a driver attempted to illegally pass his school bus. The legislature further enhanced the penalties under Isaac’s law in 2019—and, today, illegally passing a school bus carries, at a minimum, up to a $2,500 fine and 90 days in jail.

Of course, if a driver causes an accident while attempting to illegally pass a school bus, the consequences can be far greater for the child and his or her family. While Isaac’s law is intended to prevent this from happening, the unfortunate reality is that far too many people continue to make poor decisions behind the wheel.

Isaac’s Law and Families’ Legal Rights 

Isaac’s law serves a clear purpose: To help ensure that no more parents are forced to go through what Isaac’s parents endured in 2004. It is intended to promote safety on the road when school buses are present (and when children may be present), just like the laws that prohibit speeding, running red lights, and other common traffic infractions. 

As a result, when drivers violate Isaac’s law, not only can they face criminal penalties, but they can also face civil liability. Violating a statute like Isaac’s law is clear evidence of negligence; and, when negligent drivers cause serious and fatal accidents, they can—and should—be held accountable. 

Understanding the Difference Between Criminal Culpability and Civil Liability 

Drivers who violate Arkansas’s traffic laws can face fines, jail time, and other penalties when they cause serious and fatal accidents. But, while knowing that the person who injured or killed your child is facing justice may provide some amount of closure, it does not provide any compensation for your family’s financial and non-financial losses. 

Instead, to recover financial compensation, you must file a civil claim. 

Your family’s civil claim is completely separate from the driver’s criminal case. In fact, since the standards of proof in civil and criminal cases are different, even if the driver escapes a conviction, he or she can still be held civilly liable. In civil actions involving school bus accidents, parents can seek financial compensation for their children’s medical expenses, any other out-of-pocket costs, and the non-financial losses resulting from their child’s injuries or death. 

Filing a Civil Claim After a School Bus Accident in Arkansas 

Arkansas parents can file civil claims based on violations of Isaac’s law. If your child was injured or tragically killed in a school bus accident, here is what you need to know about asserting your family’s legal rights:

• Arkansas Law Allows for Recovery of Past, Present, and Future Losses – In motor vehicle accident cases, parents can recover just compensation for their families’ past, present, and future losses. These losses can be substantial, and recovering just compensation can be essential for managing an accident’s costs and coping with the accident’s effects long-term. 
• Auto Insurance Covers Isaac’s Law Violations – Just like speeding and other traffic infractions, auto insurance covers Isaac’s law violations. This means that the driver’s insurance company should pay for your family’s losses; and, if your family has uninsured/underinsured motorist coverage, you may be able to use this coverage to secure additional compensation. 
• Filing an Auto Insurance Claim Might Not Be Your Family’s Only Option – Filing an auto insurance claim also might not be the only option your family has available. If the driver was drunk or working at the time of the accident, for example, your family may have other claims as well. 
• You Can Hire an Attorney at No Out-of-Pocket Cost – While dealing with your family’s situation can be stressful, you can—and should—hire a lawyer to represent you. At Oliver Law Firm, we represent families in serious and fatal bus accident cases at no out-of-pocket cost. 
• Asserting Your Family’s Legal Rights is the Right Thing to Do – As you consider your options, it is important to keep in mind that asserting your family’s legal rights is the right thing to do. You and your family do not deserve to bear the consequences of someone else’s careless or reckless mistake, and filing a claim will help ensure that the driver doesn’t make the same mistake again. 

Discuss Your Family’s Legal Rights with an Attorney at Oliver Law Firm for Free 

If you need to know more about your family’s legal rights after a school bus accident in Arkansas, we invite you to get in touch. Our firm has built a reputation for excellence in a range of personal injuries claims, and we are committed to helping our clients recover the maximum compensation to which they may be entitled under the law.

To schedule a free, no-obligation consultation with an attorney at Oliver Law Firm, please call 479-202-5200 or tell us how we can help online today. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.