Driver won't face charges after hitting student on the way to school, police say

CLAYTON COUNTY, Ga. — A situation in Clayton County calls into question the laws regarding school buses and when drivers are supposed to stop.

Channel 2 Action News has learned a boy, Shwan McKenzie, ran out his front door to catch his bus, and seconds later, a car knocked him to the ground. The student is OK.

“Next thing I know, I hear screaming, 'Oh my God!' and it was from the lady that hit him," said McKenzie's mother, Kim.

Although he wasn't severely hurt, Kim says her son is still in pain.

“He has scrapes on his arms, his ribs, his legs and a lot of neck pain," she said.

Kim can't believe police didn't ticket the driver.

“I watched the video, like, a million times. It was kind of annoying. I can’t watch it anymore right now," she said.

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The police report states that officers looked over the video, too.

“The police said that, 'Your son was at fault for not yielding to oncoming traffic.' What do you think about that? And there was a school bus with an arm out. Who has the right of way? The kids," she said.

We spoke to our legal analyst to find out what the law says when it comes to stopping for school buses.

She said if the driver and the school bus are on two different highways, as in this case, the driver does not need to stop. But Kim's attorney disagrees.

"If warning signs and flashing lights and stop arms are deployed, around the school bus ... all traffic should halt and that did not happen," said attorney Evan Kaine.

Channel 2's Lauren Pozen spoke to the driver, who said she didn't get a citation because police told her she was not at fault.

Cox Media Group