If you were injured while riding as a passenger on a bus, who can you sue? The primary liable party depends on the exact circumstances of your accident. In Texas, you have the right to file an insurance claim or a personal injury lawsuit against the driver who caused your bus accident or against the operator of the bus.
An attorney from D. Miller & Associates, PLLC, can help you identify everyone’s role in a crash and determine how to hold them accountable for the damages they caused. We can often recover compensation to pay for our clients’ medical bills, lost wages, pain and suffering, and more.
How do I Identify the Liable Party After a Texas Bus Crash?
Figuring out who is liable after a bus crash is more complex than in a typical car accident case. The process to get compensation depends on who caused the accident and who operates the bus. We can conduct an investigation to determine who was at fault and identify who you can hold responsible.
If another motorist caused the crash
If another driver crashed into a bus you were riding, we can file a claim based on the at-fault driver’s liability auto insurance. Depending on the circumstances, we may also be able to file a claim with the bus operator and collect additional compensation for your damages.
If You were on a Public Bus
If you suffered injuries while riding a public bus in the Houston area, it was most likely a METRO bus. If a METRO bus driver caused your accident, we may be able to hold Harris County liable for your injuries, financial losses, and other damages.
The Texas Tort Claims Act limits how much we can recover from a government agency in this type of claim. We can explain if this affects your case during your free consultation.
If You Were Riding a Private Bus
As a passenger on a private bus, there may be a number of factors at play. These cases can be especially complex. However, we can usually hold the owner or operator of the bus liable for any damages stemming from an accident the bus driver caused.
The legal theory of vicarious liability allows us to hold the driver’s employer responsible for their actions while they are on the clock and performing work. In the case of a bus driver, this would include causing an accident.
This can become complicated if the bus driver was a volunteer driving for a church or nonprofit organization or if you signed a waiver with the bus company. We know what it takes to overcome these hurdles. We will fight for the fair compensation you deserve.
What do I Need to Know About Taking Action in a Bus Accident Case?
To win compensation, we must show the at-fault party acted in a negligent manner and this caused the crash. We conduct a full investigation into every crash for our clients. We will use every resource available to build a solid case on your behalf.
In most cases, we do not need to file a lawsuit to get the money you deserve. We can file a claim for compensation and present our case to the at-fault party’s insurance company. This leads to settlement negotiations. Only if the insurer refuses to offer a fair settlement will we need to take your case to court.
Time Limits
Under Texas law, we have two years from the date of an accident to file a lawsuit against the liable party in your bus accident. While this is not usually necessary, we need to ensure we reach a settlement before this deadline passes in case settlement negotiations stall.
It is also important to note that the time limits are much stricter when the liable party is a government agency. In some cases, you may have only a few weeks to take action and notify the agency of your injuries.
You may feel like there is no rush to retain your lawyer, but there is plenty of evidence to gather, and this can disappear quickly. We also want to be able to get in touch with individuals who witnessed the accident as soon as possible. Memories fade, and we want accurate, descriptive accounts of what occurred to potentially strengthen your claim.
Damages You Could Recover in Your Case
Some of the economic and non-economic damages that could be available to you after a bus accident include:
Medical Care
This includes emergency treatment, medical transportation, surgical procedures, prescription medication, and more.
Ongoing Care
If you need to continue to see a doctor after your accident and/or you need in-home care services due to your injuries, you may be compensated.
Lost Wages
If you must miss work for some time because of your injuries, you may receive compensation for your lost pay.
Future Lost Income and Benefits
If you have no choice but to take a lower-paying job after your accident, you may be compensated for your diminished earnings and loss of benefits.
Pain and Suffering
If you are in significant physical pain and unable to participate in your typical daily activities, your financial award may include compensation for pain and suffering.
If a government agency operated the bus you were on, there may be some limits on the amount of damages available. We can explain these limits and how they might affect your case. Regardless of who caused your crash, we will fight for the maximum compensation available.
We Take Your Bus Accident Case on a Contingency-Fee Basis
If you decide to hire us, know that we do not charge anything upfront, and you never pay out of pocket. We only take payment if you receive an adequate settlement or court award. Our fees come from your compensation.
How Can I Contact a Texas Bus Accident Lawyer’s Team About My Case?
The D. Miller & Associates, PLLC, bus accident team offers free case evaluations and can help you identify the liable parties in your crash.
We can explain your legal options for compensation and represent you during an insurance claim or civil suit. Call us at (713) 850-8600 for your complimentary consultation.