Bus Accidents in San Angelo: Protecting Passenger Rights

Bus accidents, while not as frequent as car crashes, can result in severe injuries and even fatalities. When they occur, passengers are often left with significant emotional and physical scars, not to mention the financial burdens that come with recovery. Whether you’re involved in a commercial bus accident or a public transport mishap in San Angelo, understanding your rights is crucial for ensuring you are properly compensated.

This article will guide you through the legal process, including who is liable in bus accidents, what compensation you may be entitled to, and how to protect your rights.

Understanding Bus Accidents in San Angelo

What Qualifies as a Bus Accident in San Angelo?

Bus accidents can happen for a variety of reasons and involve different types of buses. The most common causes of bus accidents include driver error, vehicle defects, road conditions, and even weather-related issues. These accidents can lead to injuries ranging from minor bruises to life-threatening injuries, and in some tragic cases, fatalities.

Common scenarios that may lead to a bus accident include:

• Collisions with other vehicles: Often caused by the bus driver’s negligence or the other vehicle involved.
• Rollover accidents: Usually more dangerous, these occur when a bus tips over, often due to sharp turns or high speeds.
• Rear-end collisions: When the bus driver fails to stop in time, usually due to distraction or speed.

Types of Buses Involved in Accidents

In San Angelo, bus accidents can involve a variety of buses, each with different legal considerations:

• Commercial Buses

1. 1. • These are privately owned buses, including charter buses, shuttle buses, and intercity buses. These buses are held to a higher duty of care because they are considered “common carriers” under Texas law.
      • Common causes of commercial bus accidents include driver fatigue, distracted driving, and inadequate vehicle maintenance.

• Government-Owned Buses

1. • City buses, school buses, and other public transportation vehicles are considered government-owned. Claims involving these buses fall under specific regulations that differ from those involving private commercial buses.
   • For example, victims involved in accidents with a government bus may face limitations on the amount of compensation they can receive due to sovereign immunity protections provided to government entities.

Legal Framework for Bus Accidents in Texas

The Duty of Care for Bus Operators

In Texas, bus operators have a duty to ensure the safety of their passengers. Commercial bus operators are categorized as “common carriers,” which means they owe passengers a heightened duty of care. This duty extends beyond regular negligence; commercial bus operators must exercise the highest degree of care in all aspects of their operations.

For government-owned buses, the duty of care is somewhat different. While the Texas Tort Claims Act allows individuals to sue governmental entities for damages in certain circumstances, the standards for filing a claim are stricter, and there may be caps on the compensation awarded.

Understanding Negligence in Bus Accidents

Negligence is the cornerstone of most bus accident claims. To prove negligence, the plaintiff (injured party) must show that the bus operator failed to meet the required standard of care, and this failure directly caused the accident.

Examples of negligence in bus accidents can include:

• Driver error: Fatigue, distraction, speeding, or driving under the influence of drugs or alcohol.
• Mechanical failure: Poor maintenance or defective parts on the bus that contribute to an accident.
• Road conditions: Poorly maintained roads that lead to accidents, which could involve government liability if the road is not properly maintained.

State vs. Federal Laws in Bus Accidents

While state law governs most bus accidents, certain scenarios, such as interstate travel, are governed by federal laws. For example:

• Commercial buses traveling across state lines are subject to both state and federal regulations, including those enforced by the Federal Motor Carrier Safety Administration (FMCSA), which sets strict guidelines for bus maintenance, driver hours, and safety protocols.
• Local public transportation (e.g., San Angelo city buses) are governed primarily by state law and local ordinances, with different standards and potential immunities applying.

Who Is Liable in a Bus Accident?

Commercial Bus Liability

In a commercial bus accident, several parties may be held liable:

1. The Bus Driver: If the driver’s negligence contributed to the accident, such as through distracted driving, speeding, or failure to follow traffic laws, they can be held personally liable.
2. The Bus Company: If the bus company failed to properly maintain the vehicle or if there was inadequate training or supervision of the driver, the company can be held accountable.
3. Third-Party Contractors: Sometimes, maintenance or safety checks are outsourced to third parties. If negligence by a third party caused the accident, they may be held liable as well.

Government Bus Liability

When a government bus is involved, liability becomes more complicated:

• Texas Tort Claims Act limits the liability of government entities, meaning that victims may face caps on the amount of compensation they can receive.
• Claims Process: The process for filing a claim against a government entity is different from filing against a private company. It requires that a formal notice of claim be submitted within a specific time frame, often as little as six months.

Other Potentially Liable Parties

In certain cases, other parties may share liability for the accident. These could include:

• Other drivers: If another vehicle caused the accident by driving recklessly or colliding with the bus, they may be responsible.
• Local Authorities: If the bus accident was caused by poor road conditions or inadequate signage, the local municipality or state may be partially responsible.

How to Pursue a Bus Accident Claim in San Angelo

Steps to Take Immediately After a Bus Accident

The aftermath of a bus accident can be overwhelming, but taking the right steps can help protect your legal rights:

1. Seek Medical Attention: Even if you don’t feel injured, it’s essential to get checked by a healthcare professional, as injuries like whiplash or concussions can manifest later.
2. Document the Scene: Take photos of the accident scene, including any visible damages to the bus and other vehicles involved. Get contact information from any witnesses.
3. File a Police Report: Ensure that the accident is documented by law enforcement, which will serve as an official record of the incident.
4. Report the Accident: Notify the bus company (or government agency if it was a public bus) about the incident as soon as possible.

Statute of Limitations for Bus Accident Claims in Texas

In Texas, you generally have two years from the date of the accident to file a personal injury claim. However, this time frame is shortened to just six months if the accident involved a government-owned bus. Missing the filing deadline can result in the dismissal of your case, so it is crucial to act quickly.

What to Expect During the Claims Process

Once you’ve taken the necessary steps to document the accident and seek medical attention, the next phase is the claims process:

1. Filing the Claim: A formal complaint is filed with the appropriate parties, which may include the bus company, government entity, or other responsible parties.
2. Gathering Evidence: Your attorney will help gather evidence such as eyewitness testimony, surveillance footage, maintenance records, and police reports.
3. Negotiating with Insurance Companies: The bus company’s or government’s insurer will likely attempt to settle the claim quickly. However, these offers are often much lower than what you deserve. A lawyer can help you negotiate a fair settlement.

Compensation Available for Bus Accident Victims

Types of Damages in Bus Accident Claims

Bus accident victims are often entitled to compensation for the following damages:

• Medical Expenses: This includes all hospital bills, emergency room visits, doctor consultations, and future medical expenses.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income.
• Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
• Punitive Damages: In cases of gross negligence, such as when a driver was under the influence of drugs or alcohol, punitive damages may be awarded.

How Compensation Is Calculated

Compensation is calculated based on the severity of your injuries, the financial loss incurred (e.g., medical bills, lost wages), and the impact on your daily life. Factors such as the bus operator’s negligence and the ability to prove fault will also play a significant role.

Settlements vs. Trials

In many bus accident cases, a settlement is reached out of court. However, if a fair settlement cannot be negotiated, the case may go to trial. A lawyer can help you decide which option is best based on the specific circumstances of your case.

Common Challenges in Bus Accident Cases

Proving Liability and Negligence

Proving negligence in a bus accident case can be challenging. Bus companies and government entities have extensive legal resources to defend against claims, which can make it difficult for injured passengers to receive fair compensation. However, with the help of an experienced lawyer, evidence such as maintenance records, traffic cameras, and witness testimony can be used to build a strong case.

Fighting Against Insurance Companies

Insurance companies often aim to settle cases quickly and for less than what is owed. They may attempt to deny claims or offer a settlement that does not fully cover the victim’s damages. A skilled lawyer can help you navigate the negotiation process and ensure that you receive the full compensation you deserve.

Dealing with Government Immunity

When suing a government entity, such as a city-run bus service, there are limitations on the types of claims you can make and the amount of compensation you can receive. Government immunity protections can complicate the claims process, so it is essential to have a lawyer familiar with these nuances.

When to Hire a Bus Accident Lawyer in San Angelo

The Role of a Bus Accident Lawyer

Hiring a bus accident lawyer ensures that you have a legal professional on your side to guide you through the process. They will handle negotiations, investigate the case, and represent your interests in court if necessary.

Why You Should Hire an Experienced Lawyer

An experienced bus accident lawyer will be familiar with the intricacies of both commercial and government bus accident cases. They will have a strong track record of negotiating settlements and representing victims in court, ensuring the best possible outcome for your case.

How to Find a Bus Accident Lawyer in San Angelo

When searching for a bus accident lawyer, consider factors such as:

• Experience in handling bus accident cases
• Reputation and reviews from previous clients
• Transparency regarding fees and costs
• Free initial consultations

Conclusion

Bus accidents can have serious consequences, but with the right knowledge and legal guidance, victims can protect their rights and secure the compensation they deserve. Whether you are dealing with a commercial bus accident or an incident involving a government-run bus, it is essential to act quickly and seek legal counsel to navigate the complexities of the claims process.

If you’ve been injured in a bus accident in San Angelo, it’s crucial to understand your legal rights and take the appropriate steps to seek compensation. At Webb, Stokes & Sparks, our experienced team of personal injury attorneys is dedicated to helping you navigate the complexities of bus accident claims. With over 160 years of combined experience, we are committed to fighting for the justice you deserve.

Disclaimer: This blog post is intended for informational purposes only and should not be taken as legal advice.