Bus crashes are more surprising and typically devastating than your average car crash. No one expects to get hit by a bus or be injured while riding in one. Yet, it happens more than it should. The question is: Who’s liable after a bus crash? As with everything in the law, it depends on the circumstances of the crash.
Potentially Liable Parties
City and commercial buses abound in Houston and involve more than just a bus and driver. Government and commercial bus companies employ thousands of people to transport riders across the city. When an accident occurs, numerous parties may be held liable, depending on the circumstances.
Bus Driver
Bus drivers must follow general and specialized traffic rules. They must also acquire and maintain the proper licensing and comply with federal, state, local, and agency rules. When negligent, their actions can potentially harm members of traffic outside of the bus as well as passengers within.
They are truly the first line of protection for passengers. Drivers must ensure that the riding compartments of their buses are safe for passengers in every way, including for:
- Walking
- Sitting and standing
- Entering the bus
- Exiting the bus
Drivers must also follow various protocols in accident and emergency situations. Failure to do so could lead to liability.
Bus Company
Bus companies can be held vicariously liable for the negligence of their bus driver employees. They can also be held liable for their own negligence, such as:
- Negligent hiring
- Negligent training
- Improper scheduling
- Failure to provide safe vehicles or equipment
Both private and government bus companies may be held liable in a bus crash lawsuit.
Other Drivers
If another driver other than the bus driver causes a crash, they may be held to pay for the losses they create. One frequent cause of bus crashes occurs when a motor vehicle driver parks or drives in a bus-only lane.
Bus Manufacturer
Bus makers that produce defective buses or bus parts can be held strictly liable for crashes that occur as a result of the defect. Depending on the circumstances, one or more of the following parties may be held liable for a crash caused by a defective bus:
- Designer
- Manufacturer
- Distributor
- Retailer
- Rental company
The driver and the bus company may also be held liable for a defective bus accident if they knew the bus was defective yet continued to use it to carry passengers.
Auto Shops and Mechanics
Buses need repair and maintenance over the hundreds of thousands of miles they drive. Mechanics and auto shops must work on these vehicles according to accepted standards of care. An improperly installed brake line or lack of required maintenance can make a bus unsafe and a major threat to traffic.
Government Entities
Houston Metro has over 1,000 buses. When an accident occurs, the agency may be sued. However, special rules apply when suing a government agency. A Houston bus accident attorney is crucial to recovering maximum compensation against Houston Metro or any other government agency operating bus lines in the region.
Factors Affecting Liability in a Bus Crash
The general rules of liability governing bus accidents may be affected by various factors, leading to diluted or no liability for certain parties. For example, if a bus driver intentionally causes an accident, and the company had no way of knowing the driver would commit such an act, the company would likely not be liable for the crash.
Additionally, if the bus driver is injured in a bus crash, they may have recourse alone through a workers’ compensation claim, which only pays limited damages.
The Importance of Legal Representation When Filing a Claim
The importance of legal representation in bus accident claims cannot be overstated. Victims can expect a vigorous defense from the bus company and their insurance company. If someone other than the bus driver caused the bus crash, you can expect a strong defense from their side as well.
Your attorney will appraise your claim to learn the true value of your damages and fight for this total, utilizing the law and experience to compel payment. Without a lawyer, adjusters and insurance defense lawyers go unchallenged and pay less than they should or nothing at all.
FAQ
How Long Do I Have to File a Bus Accident Claim in Texas?
In Texas, you have two years to file a bus crash claim against a commercial carrier. However, if the bus crash was caused by a Houston Metro or other government bus, you have 90 days after the accident to notify the agency of your plans to sue.
What Damages Can I Recover in a Texas Bus Accident Claim?
You may pursue economic and non-economic damages, including:
- Lost income for time off work
- Pain and suffering
- Loss of enjoyment of life
- Mental and emotional anguish
- Hospital and medical expenses
- Property damage
Generally speaking, the more serious your accident, the higher your damages. However, factors like the amount of your salary, the strength of the evidence, and the skill of your attorney also play a role in your final damages payout.
Will My Case Go to Trial?
In most cases, bus crash claims do not make it to trial. Houston bus crash lawyers aim to recover proper compensation payouts for their clients during settlement negotiations. When settlement is not possible, your attorney will represent you in court.
Get Effective Representation for Your Bus Accident Claim
No one expects to be in a bus accident, either as a passenger or a driver of another vehicle. If you are dealing with the fallout of an unexpected bus crash, you can get the relief you deserve from a bus accident claim. For a free consultation, contact Ramsey Law Group today.