In Texas, a bus accident claim depends on who operates the bus: a public transit authority such as METRO or a school district is generally covered by the Texas Tort Claims Act, with damages caps and short notice deadlines, while a private charter or tour company is liable without those caps and, as a common carrier, owes passengers a high degree of care. Owsley Law Firm handles bus crash claims and charges no fee unless it wins.
Who is responsible for a bus accident?
Responsibility can rest with the driver, the bus operator, a maintenance contractor, a manufacturer, or another motorist who caused the crash.
- A public transit authority such as METRO in Houston
- A public school district operating school buses
- A private charter, tour, or intercity bus company
- A private company running shuttles for an airport, hotel, university, or employer
- A contractor responsible for maintaining the buses
- Another driver who caused the crash
How are METRO and public bus claims handled?
Public transit authorities and school districts are government entities, and claims against them are generally governed by the Texas Tort Claims Act, Chapter 101 of the Civil Practice and Remedies Code. The Act waives immunity for injuries caused by an employee’s negligent operation of a motor vehicle. Damages are capped under section 101.023, and formal notice is generally required within six months under section 101.101, with some entities requiring shorter notice. School districts are generally liable only for motor vehicle injuries, with caps of $100,000 per person and $300,000 per occurrence.
What duty do bus companies owe passengers?
Texas law has long treated companies that carry passengers for hire as common carriers that owe their passengers a high degree of care, meaning the care a very cautious and prudent person would use. That standard applies to private bus and charter companies and covers how the bus is driven, how passengers board and exit, and how the bus is maintained. Interstate bus companies are also subject to federal motor carrier safety regulations, including driver qualification and hours-of-service rules.
What injuries happen on and around buses?
Bus passengers often are not belted and can be thrown into seats, poles, and the floor during a sudden stop or crash, causing head injuries, fractures, and back injuries. Passengers can be hurt boarding or exiting when a bus pulls away early or doors close on them. Pedestrians and cyclists can be struck by a turning bus with large blind spots. Occupants of cars struck by a bus often suffer the severe injuries typical of crashes with large vehicles.
What evidence matters in a bus crash?
Most transit and charter buses have multiple interior and exterior cameras, GPS, and onboard data recorders. That footage often shows the driver, the passengers, and the road. Driver records, training files, schedules, maintenance logs, and incident reports are also important. Transit agencies and companies have their own retention policies, so preservation requests should be sent quickly. Other passengers are often valuable witnesses.
What if a bus hit a pedestrian or cyclist?
Buses make wide turns and have large blind spots, and a driver pulling away from a stop or turning across a crosswalk can strike someone who had the right-of-way. Pedestrians and cyclists struck by buses suffer severe injuries. If the bus was public, the Tort Claims Act and its notice rules apply; if private, the company is liable without government caps. Bus camera footage often shows exactly what happened and should be preserved right away.
How much is a bus accident claim worth?
It depends on the injuries, the treatment, lost income, and lasting harm, and on who operated the bus. Government caps limit recovery from a transit authority or school district, so other sources, such as another at-fault driver or your own UM/UIM and PIP coverage, can matter. Private bus and charter companies typically carry substantial commercial insurance, and federal rules require minimum financial responsibility for many passenger carriers.
What about airport shuttles and private buses?
Hotel, airport, parking, university, and employer shuttles are often operated by private companies or contractors. When they carry passengers for hire, the operator generally owes a high degree of care as a common carrier, and the claim proceeds against the operator and its commercial insurer without government caps. Intercity and charter coaches that cross state lines are also regulated by federal motor carrier rules on driver qualification, hours of service, and vehicle inspection, and violations of those rules can be evidence of negligence.
What should you do after a bus accident?
Get medical care and report your injury to the driver and the agency or company. Write down the bus number, route, time, and location. Get the names of other passengers who saw what happened. Photograph your injuries and the scene. Do not sign any release or give a recorded statement before getting advice. If the bus is public, a notice deadline may be as short as a few months, so talk to a lawyer quickly. Other claims are generally due within two years under section 16.003.
Common questions
What clients ask about bus accidents.
Can I sue METRO for a bus accident in Houston?
Generally yes, under the Texas Tort Claims Act, with damages caps and a formal notice deadline that should be met as early as possible.
Are school bus claims different?
Yes. School districts are liable only for motor vehicle injuries, and damages are capped at $100,000 per person and $300,000 per occurrence.
Do private bus companies have higher duties?
As common carriers, they owe passengers a high degree of care, and they are not protected by government damages caps.
What if I fell while the bus was moving?
If the driver stopped abruptly, pulled away before you were seated or off the bus, or drove carelessly, the operator may be liable.
What if a car caused the bus crash?
The driver of the car may be liable to bus passengers, and passengers may have claims against both the driver and the bus operator.