Due to the different types of busses available for commuting, seeking compensation in the event of an accident comes with several considerations. A lawsuit for damages sustained in an accident involving a government-operated bus may entail different procedures than one involving a privately operated bus. In either case, certain conditions will determine whether a bus driver, another driver, a government entity, or a private entity may be held responsible.
School, charter, and public transportation buses all can be involved in collisions, but knowing what type of compensation to seek and which parties to collect it from requires a clear understanding of relevant law. A person involved in a bus crash and considering a personal injury claim could gain insight about their prospects for success by seeking advice from a local attorney. A Murphy bus accident lawyer could answer all your questions and guide you through the litigation process.
Under the Texas Transportation Code, a school board or county board of trustees may purchase buses to transport kids to and from school or contract with a third party to lease buses. School districts that lease them must ensure compliance with safety standards established by the Department of Public Safety. A local attorney could investigate whether these bus safety standards were violated, resulting in an accident.
In general, under Texas Civil Practices and Remedies Code § 101.021, a governmental branch in Texas, including a school district, may be liable for property damage, injury, or death wrongfully or negligently caused by a government employee if the alleged harm involves a motorized vehicle. A municipality, such as Murphy, must also assume liability for a variety of necessary functions, including vehicle maintenance. If the school district’s buses fell short of criteria like these, the district, not the passengers and their families, bears responsibility for injuries.
Texas follows the common law regarding the liability of individuals and entities that provide transport for passengers or cargo. Under the law, to avoid harming others around them, people must exercise the care a “reasonable person” would observe under similar circumstances. However, bus drivers, as common carriers, face a stricter standard. If someone brings a negligence claim against them they will not prevail if they exercised a level of care an impartial observer would consider merely reasonable.
A passenger on a city bus or tour bus should have a right to expect that the bus driver entrusted with transporting paying passengers safely to their destinations maintains a heightened level of care. If insufficient caution causes an accident involving multiple injuries, the injured parties may file a class-action lawsuit, where one or two individuals represent all members of the group, with each bound equally by the judgment. Someone who was injured or suffered a loss in such an accident could speak with a bus accident attorney in the area about viable legal actions for recovering damages.
If you sustained property damage or injury in an accident, or if someone you know suffered died, you have a right to hold the responsible party accountable for their actions. If the accident arose from criminal, reckless, or negligent actions, you could pursue financial compensation for any losses suffered.
A bus driver must do everything they can to guard the safety of passengers. After an accident, an investigation of causes should take place without delay. Speak with a Murphy bus accident lawyer about determining liability so that you may take appropriate steps to ease your burden and mitigate your losses.
McCraw Law Group