When school is in session, school buses are part of the traffic landscape. While many buses travel residential streets with low-speed limits, some travel faster in high-traffic areas. Because of their size, bus collisions can cause severe property damage and serious injuries. For example, the average school bus weighs 12,000 pounds when empty and up to 36,000 pounds when full, while the average passenger vehicle weighs between 2,500 and 5,000 pounds. If anyone is involved in school bus accidents in Killeen, they should have a skilled lawyer review their case for possible compensation.
Determining liability in a Killeen school bus accident can be challenging because multiple parties may be responsible. The following parties may contribute to a school bus accident.
Bus drivers can be liable if they are found negligent. For example, they become distracted as they try to read a text message on their phone while driving. The actions violate traffic laws regarding cell phone use, resulting in a citation for distracted driving.
School districts may be partially at fault through vicarious liability if the driver is an employee. Vicarious liability is a legal concept that states an employer is responsible for the actions of its employees. School districts can also be found negligent if they fail to perform their due diligence and the bus driver lacks the proper credentials for the position.
School districts often use third parties to maintain their fleet of buses. A maintenance company may be found liable if they fail to adhere to recommended service schedules. Suppose the maintenance company skips a tire rotation, resulting in a blown tire. During an investigation, it was determined that the faulty tire contributed to the accident and would have been replaced had the company performed its routine maintenance. In this instance, the company may be found negligent.
Texas follows a modified comparative negligence concept, where the injured party may be assigned a percentage of fault. If the court determines an injured person is partially liable, the compensation is reduced by the percentage of negligence. If the percentage exceeds 50%, the injured person cannot receive compensation.
Under state law, an injured person can sue government entities; however, the law limits the available compensation to $100,000 per person up to a maximum of $300,000 per accident. Every school district requires an injured person to file a notice of intent to file a Killeen school bus accident claim. Each district sets the deadline for that filing, which can vary from 30 days to six months. Failure to meet the deadline results in a dismissal of all claims.
Economic damages compensate accident victims for financial losses related to the accident. They usually include medical expenses for hospital stays, emergency room services, and doctor visits. Out-of-pocket costs for caregivers or transportation may also be covered. An injured person can recover lost or reduced wages if they cannot work.
Non-economic damages provide financial compensation for non-quantifiable losses such as pain and suffering, emotional distress, or reduced quality of life. Non-economic damages, when combined with economic compensation, cannot exceed the maximum amounts of $100,000 and $300,000.
Anyone involved in school bus accidents in Killeen should contact an experienced attorney as soon as possible. Our law firm can review the evidence and file the notice of intent within the stated deadline to ensure your rights are protected. Reach out now to discuss your legal options.