Liability in Killeen Bus Accident Cases
Determining responsibility in a bus accident can be challenging. State liability laws allow multiple parties to be held responsible. If different parties, such as the bus driver and company, are at fault, where do injured people turn for compensation? Our experienced lawyers can help identify liability in Killeen bus accident cases.
Statute of Limitations for Bus Crashes
Texas gives an injured person up to two years from the time of the accident to file a lawsuit unless the bus is government-owned. If a state or local government is involved, the statute of limitations is significantly shorter. The court can dismiss a case if it fails to meet the deadline.
Victims must file a notice of claim within six months if the state or the City of Killeen is involved. Government involvement is not restricted to government-owned buses. Cities may be partially responsible for a bus accident if roads are poorly maintained, traffic control devices failed, or signage is unclear or misleading.
In cases involving private and public parties, injured parties must ensure they file the necessary paperwork for the at-fault parties by the established deadlines. A knowledgeable attorney can explain all applicable deadlines for holding liable parties accountable for a bus crash in Killeen.
Proving Negligence
Texas is an at-fault state, requiring those injured in a bus accident to prove that another’s negligence caused their injuries. The state also follows a modified comparative fault principle, where multiple parties can share liability for a bus collision in Killeen. Injured parties can receive compensation as long as they are less than 50% responsible for the accident.
Bus Drivers
Parties are considered negligent if they breached a duty of care and, as a result of that negligence, caused the injuries the victim suffered. Bus drivers accept a duty of care when they get behind the wheel. They agree to operate the bus safely to protect the passengers, pedestrians, and others. Bus drivers should have a commercial driver’s license (CDL) to demonstrate their skill at operating buses.
Private Bus Companies
Bus companies also have a duty of care to hire licensed drivers, comply with safety regulations, and properly maintain their buses. Bus companies may be responsible for the bus driver’s actions through vicarious liability that stipulates that the companies are legally responsible for their employee’s actions while working.
School Bus Accidents
School districts are responsible for hiring and training bus drivers. Texas requires school bus drivers to:
- Be 18 years old
- Hold a Class B CDL with passenger and school bus endorsements
- Pass an annual physical and a pre-employment drug test
- Pass criminal and driving record checks
- Complete a 20-hour Texas School Bus Driver Certification Course
- Complete an 8-hour recertification course every three years
If schools fail to follow these requirements, they have breached their duty of care. Schools also have vicarious liability for their drivers.
Government Bus Accidents
Individuals may sue government entities for negligence in bus accidents, whether it involves a city worker, a city-owned bus, poor signage, or a city-maintained road or traffic control device. However, personal injury claims have restrictions.
Damages cannot exceed $100,000 per person or $300,000 per incident, although the caps may vary from jurisdiction to jurisdiction. Victims may only pursue compensatory damages such as rehabilitative expenses, hospital stays, doctor visits, other medical bills, and lost wages. Government entities are only responsible for employee’s actions while performing official acts.
Consult a Killeen Attorney to Determine Liability in a Bus Accident Case
Determining liability in Killeen bus accident cases is complex. In some instances, responsibility can rest with a bus manufacturer or a third-party maintenance service. If you were injured in a bus accident, contact us to discuss possible responsible parties.
