Buses provide countless people with reliable and safe transportation daily. Unfortunately, there is a significant chance of sustaining severe injuries because buses do not have the safety equipment of other cars, such as seatbelts and airbags.
When bus and other public transportation passengers sustain damages in crashes, they are likely able to collect compensation from the at fault party. Schedule to meet a seasoned Houston bus accident lawyer if you need help with a case. A knowledgeable personal injury attorney is ready to review your case and help you navigate your claim.
Common Bus Accident Causes
Bus crashes can occur for countless reasons, similar to other car collisions. However, some of the most common causes of bus collisions include the following:
- Driver Error
- Third-party driver negligence, including inattention or driving with distractions
- Inexperience or inadequate training
- Operating the vehicle without enough rest
- Speeding or reckless driving of the bus driver or third-party drivers outside of the vehicle
- Lack of bus maintenance, mechanical failure, or tire blowouts
- Poor weather conditions
Depending on the cause of the wreck, several parties could be liable for bus accidents. The potential at-fault parties include the driver, the company the driver works for, the company responsible for maintenance, or a third-party driver. A bus accident lawyer in Houston could help complete a thorough investigation to determine the cause and liable parties.
The Texas Torts Claims Act requires that a plaintiff alleging negligence against a governmental body demonstrate the damage arises from the operation or use of a motor vehicle and the employee of the government would be personally liable to the plaintiff. This statute is simple enough on its face, but state courts have interpreted it in non-intuitive ways that require an experienced lawyer to help navigate the case law.
Bus Operators Must Provide a Higher Level of Care
Common carriers are individuals or entities, such as bus drivers and companies, that transport people in exchange for payment. The laws hold everyone to a certain legal duty of care to act responsibly and avoid harming others. However, public transportation drivers must exercise the highest degree of care while transporting passengers to prevent foreseeable risks and collisions.
Common carriers must use the same prudent and cautious care as other bus drivers in similar circumstances. Per state transportation laws, when bus drivers fail to provide a high standard of care, they are guilty of negligence. A court will likely hold them financially accountable for damages resulting from their actions. An attorney in Houston could ensure a negligent bus driver provides compensation for an individual after a wreck.
The Statute of Limitations for Cases Against a Private or Government Entity
It is vital to determine if a bus company is a private or government entity immediately after an accident, as the laws differ accordingly. The statute of limitations sets a strict court-enforced expiration date for filing lawsuits in injury claims. Per Texas Civil Practice and Remedies Code § 16.003, a claimant has two years to file a claim for damages after a privately owned and operated bus crash.
However, the time limit differs significantly when the bus company is a government entity. According to the regulations provided in Texas Civil Practice and Remedies Code § 16.061, a petitioner must file the lawsuit within 180 days of the crash when the defendant is a government entity. They must also deliver a written notice of the suit before filing the civil claim for damages. A bus collision lawyer in Houston could determine whether the transportation company is a private or government entity and handle the necessary legal work on the plaintiff’s behalf.
Call a Practiced Bus Accident Attorney in Houston
A bus accident could leave you with severe and painful injuries and property damage. Common carriers must provide passengers with the highest duty of care, and when they fail, they should be held accountable for their actions.
There are many differences between bus crashes and other injury claims, and speaking with a skilled legal professional could help you reach the best outcome in your case. Schedule a consultation with an experienced Houston bus accident lawyer for questions or help with a claim. You want an attorney that has experience handling bus accident claims and knows what you will need to do to recover not only from your injuries but also recover compensation from those who caused your injuries.
Below are just some of the more common types of cases that Benjamin Roberts represents personal injury clients.
For a full list of the cases we handle, please see the Practice Areas link at the top of the page.