How Long Do I Have to File a Bus Accident Claim?

In Texas, the statute of limitations for bus accident claims is two years from the date of the accident. Failure to file within this timeframe can result in the loss of eligibility for damages, making it critical to seek legal guidance as soon as possible after a collision. Our attorneys can help you complete the required forms and file a timely claim within the correct deadline to protect your right to compensation. 

Who Is Liable for a Bus Accident?

Common liable parties in bus accident lawsuits include: 

Bus Drivers

The bus driver may be held responsible if their negligence caused the accident, such as ignoring bus-specific safety procedures or overlooking blind spots.

Bus Companies

The bus company may be liable if it violated safety regulations, failed to provide proper training or equipment, or engaged in negligent hiring practices. 

Other Motorists

Other drivers may be responsible if their negligence contributed to the collision, such as tailgating or failing to stop for a school bus. 

Manufacturing Companies

The bus manufacturer may be liable for damages if the accident was caused by a defective part or faulty equipment. 

Proving Fault in a Bus Accident Claim

Suffering an injury isn’t sufficient to recover damages in a bus accident claim. Instead, the plaintiff is responsible for proving liability by a preponderance of the evidence. In other words, you must demonstrate that the at-fault party’s negligence “more likely than not” caused your injuries.

We can help you meet the burden of proof in your case by establishing these key elements: 

1. Duty of care. The defendant had a legal obligation to protect passengers and motorists, such as operating the bus safely and obeying traffic laws. 
2. Breach of duty. The defendant breached their duty by acting negligently, such as driving while impaired or fatigued. 
3. Causation. The defendant’s breach directly caused the bus accident and injuries to occur.
4. Damages. The plaintiff suffered actual harm or damages as a result of the defendant’s breach.

Are Bus Drivers Held to Different Standards Than Regular Motorists?

Yes. Commercial bus drivers must comply with hours‑of‑service, drug testing, and other regulations. They are also responsible for passenger safety, proper boarding and exiting procedures, and vehicle inspections. 

Failure to follow these rules can leave bus drivers or their employers liable for injuries. We can investigate the crash, review driver logs and compliance records, gather witness testimony, and pursue the maximum compensation you are entitled to. 

How Can Shared Fault Affect Bus Accident Claims?

Texas follows a modified comparative fault rule, meaning you can still recover damages even if you are partially responsible for the accident. However, this only applies if your share of the liability is 50% or less, which is known as the “51% Bar Rule.”

Any compensation awarded will also be reduced by your percentage of fault. For example, if you are 10% at fault for an accident totaling $50,000 in damages, you may only be entitled to recover $45,000 ($5,000 less than the original claim value). 

Insurance companies often place undue blame on victims in an effort to minimize or deny claims. Our lawyers can help by presenting clear evidence of liability, challenging unfair allegations of fault, and standing up to insurers in court if necessary. 

Importance of Working with Our Bus Accident Lawyers

The last thing you need after a serious injury is additional stress. Securing experienced representation can mean the difference between recovering a just settlement and walking away with less than you deserve.

Below are some vital reasons to work with our knowledgeable attorneys:

Case Investigation

We conduct meticulous investigations to preserve and analyze key evidence like police reports, surveillance footage, witness testimony, driver logs, and maintenance records.

Proving Liability

We coordinate with accident reconstructionists, engineers, medical specialists, and other qualified experts to demonstrate compelling evidence of liability.

Maximizing Damages

We can calculate the full scope of damages to pursue a comprehensive settlement that covers your current and future care needs, from ongoing treatment to time off work. 

Trial-Ready Representation

Our elite trial lawyers prepare every claim for litigation to position your case for success and show insurers that we mean business. 

If you were harmed by another’s carelessness, call (214) 234-7911 to schedule a free consultation with our award-winning advocates. We offer contingency fees.