Liability in San Antonio Bus Accident Cases
The first step to claiming compensation after an accident is determining who is liable. When it comes to liability in San Antonio bus accident cases, it is rarely straightforward. To understand who is responsible, you need help conducting an investigation. Otherwise, you could be filing the wrong claim.
A bus accident attorney can help collect evidence and identify liable parties. Having competent legal representation allows you to avoid mistakes and gives you an opportunity to recover fair damages.
Who Is Liable in a Bus Accident?
Depending on the situation, the liability in San Antonio bus accident cases can belong to several parties. Commonly, they are:
- Bus Driver: Drivers are responsible when they drive negligently and breach their legal duty of care to others on the road (e.g. distracted driving, speeding, DWI).
- Bus Company: The company may be held accountable for poor hiring practices, inadequate training, or failure to maintain the bus properly.
- Other Drivers: Drivers of other vehicles involved in the accident may share liability if their negligence contributed to the collision.
- Maintenance Providers: A third-party maintenance company may be responsible for negligence in repairing the bus.
- Government Entity: If the accident involved a public transit bus, the government agency overseeing operations could be liable for unsafe practices or road conditions.
In some situations, several parties may be liable. For example, the bus driver, who was speeding, swerved after seeing a lane-splitting motorcyclist and hit another vehicle. Both the driver and the motorcyclist are responsible. If this occurs, both of them have to cover damages.
Modified Comparative Negligence
The injured party may also be partially responsible for the accident. Since Texas is a modified comparative negligence state, the law allows the injured person to recover damages even if they are partially liable. However, if their fault in the collision is more than 51%, they cannot claim compensation.
For example, a car is speeding through an intersection with a green light. A bus is approaching the intersection from the opposite direction and makes a left turn but fails to yield to oncoming traffic. Vehicles collide in the middle of the intersection. The court ruled that the first driver is 20% liable while the bus driver is 80% liable. The first driver can recover 80% of their damages.
How to Determine Liability
To determine liability in a San Antonio bus collision case, the injured person’s attorney needs to collect evidence. This evidence can include police reports, photos and videos of the accident scene, eyewitness testimonies, and more.
An attorney can help gather proof and subpoena evidence when necessary. Once they establish liability, the injured party can initiate legal action. Mistakes made when determining liability can delay the San Antonio bus accident case and make it harder to obtain compensation.
Discuss Liability in San Antonio Bus Accident Cases with an Attorney Today
If you were hurt in a bus accident, whether as a passenger or another traffic participant, you can seek compensation. To make sure you are taking the right steps toward fair damage recovery, you need to work with a lawyer.
At Felix Gonzalez Law Firm, we have helped hundreds of injured people claim compensation that helped them cover mounting bills related to the bus crash. To schedule a consultation, please call us at any time. We are available 24/7.
