Given its position between major metropolitan centers, San Marcos sees its fair share of commercial bus traffic. While most private or public bus trips are completely safe, buses can still crash and cause serious injuries. Negligence by a bus driver or the company they work for is often the cause of these devastating wrecks.
As our seasoned injury attorneys know all too well, pursuing damages from a large bus company or government entity can be challenging. Fortunately, you have help available from a San Marcos bus accident lawyer. A member of our legal team could use their legal knowledge and skills to help you pursue fair compensation for your losses.
The Basics of Bus Accident Litigation
For the most part, civil claims built around bus accidents work the same as any other case based on a traffic collision. An injured plaintiff still must prove the defendant’s reckless actions breached a duty of care and were the primary cause of an accident to hold them liable for related losses. Notably, negligence in bus accident claims can involve actions that cause a crash with another car or any unsafe behavior that puts passengers at unnecessary risk of harm. For example, a bus driver could be liable for accelerating too quickly before boarding passengers find a seat.
There are a few crucial distinctions between litigation against private bus companies like Greyhound and litigation against public bus services like CARTS (Capital Area Rural Transportation System). While both types of claims are subject to the same two-year filing deadline, anyone who wants to sue a local or state government must also submit written notice of their claim to their prospective defendant on a much shorter time scale. For example, anyone wanting to sue the City of Austin over a CARTS bus crash must do so within 45 days of the collision. A San Marcos attorney could assess the circumstances of a particular bus accident to determine what requirements or limitations apply to the plaintiff’s civil claim.
Limitations on Recoverable Damages in Public Bus Crash Claims
A key factor in public bus crash claims is state limits on how much compensation an injured person can recover from a liable government entity. Under Texas Civil Practice & Remedies Code §101.023, a plaintiff suing a unit of local government can recover $100,000 maximum for their own injuries. Meanwhile, the maximum total liability a unit of local government can hold for a single bus accident is $300,000 for the injuries of any other involved parties and $100,000 for property damage.
Similarly, claims against municipalities or the state of Texas are subject to caps of $250,000 for one person’s injuries, $500,000 for all the involved parties’ injuries, and $100,000 for all property damage seen in the case. An attorney in San Marcos could provide crucial assistance with identifying compensable losses in a bus crash case and finding ways to maximize recovery within the boundaries set by state law.
Get in Touch With a San Marcos Bus Accident Attorney
Whether commercially or publicly operated, buses and other common carriers are large vehicles that require special training and constant focus to operate safely. Any failure by an individual driver or bus operating entity to meet this basic duty of care could serve as grounds for a civil settlement or lawsuit. Therefore, support from experienced legal counsel could make all the difference in whether your case has a favorable outcome.
A conversation with a San Marcos bus accident lawyer could provide much-needed clarity about your legal options and how to pursue them. Call today to schedule a consultation.