Van Gaasbeck v. Webatuck Central School District No. 1

The issue presented by this case is whether a violation of subdivision (b) of section 1174 of the Vehicle and Traffic Law gives rise to absolute liability or negligence per se. That section provides: ‘‘ The driver of a school bus, when discharging pupils who must cross the highway, shall instruct such pupils to cross in front of the bus and the driver thereof shall keep such school bus halted with red signal lights flashing until such pupils have reached the opposite side of the highway ”. We hold today that the violation of subdivision (b) of section 1174 of the Vehicle and Traffic Law gives…