When you get on a city bus or put your child on a bus to travel to school, you expect the driver to exercise a professional level of care. While accidents can happen even when someone is taking every precaution, the reality is that accidents are usually due to someone’s negligence. Bus accidents are no exception. When you are hurt in a bus crash, someone may be responsible for your injuries.
However, identifying the at-fault party can be difficult. In a passenger vehicle accident, you might seek compensation from the other driver. In a bus accident, multiple parties may share responsibility. Buses are common carriers, which makes them responsible for passenger safety. However, buses operated by governmental organizations may have statutory limits to their responsibility. You might also face shortened filing deadlines if you are seeking compensation through a personal injury claim from a government agency. A New Braunfels bus accident lawyer can tell you more about your specific rights and responsibilities.
Whether they are public or private, buses are common carriers. This group includes any company that transports people or goods. Public bus companies include city buses, school buses, and public transit buses. Private bus companies include charters, tour buses, church buses, and hotel or airport shuttle buses. Some buses may even be hybrids, with their designation depending on their use.
The type of bus can be important for a number of reasons — the most significant one is liability limitations.
Under the Texas Tort Claims Act, Texas Civil Practice and Remedies Code § 101.001 et al., governmental entities have limited liability for injury claims. Furthermore, an injured person may have a shorter time to file any claims and must provide notice to the government agency prior to filing suit. Complicating factors, the filing deadline varies depending on the jurisdiction. The law also caps recovery. The total is $100,000 per person and $300,000 per incident. In a bus crash with multiple victims, a $300,000 total recovery may not be sufficient to cover everyone’s claims. A bus accident attorney in New Braunfels can help you maximize your chances for recovery.
While people may assume a bus driver is at fault in a bus accident, they are often not to blame or share responsibility with other parties. As long as the injured person does not have the majority of the responsibility for the accident, they can seek compensation for anyone else who is responsible. Determining who is liable is vital. Additionally, determining the share of responsibility may be necessary since the fault is proportional.
Figuring out who is to blame starts with looking at the type of accident. Whether the bus hits another vehicle or another vehicle hits the bus is one of the factors that can impact liability. However, sometimes unsafe driving practices lead to a collision, and the vehicle that hits it is not to blame. In addition, defects in the road, mechanical issues, and other things can also contribute to the accident.
If another driver caused the accident, they are the ones who will be liable for the injuries. If possible, the injured person should get their contact information, insurance, and driver’s license number at the time of the accident. If that is not possible, the bus company may supply that information, or a New Braunfels lawyer can locate it by looking through police reports for the collision.
If the bus driver was negligent, an injured person may have a claim against them. However, drivers are almost always employees, which means their employers may be responsible for any injuries they cause. That is especially true if the employer was negligent in hiring or supervising the driver.
If improper maintenance contributed to the accident, it could lead to liability by multiple parties. The owner of the bus may be to blame for failing to maintain the vehicle. However, a third party, such as a mechanic or maintenance company, may also share liability.
Every bus accident claim has the potential to be complicated. Since they are common carriers and are often governmental or semi-governmental, making a claim against the bus company or driver can come with strict limitations. Plus, identifying potentially liable third parties may be challenging. A New Braunfels bus accident lawyer can help you navigate the process and bring your claim in a timely manner. Schedule a consultation to learn more.