Yes, you can file a claim after a charter bus crash in Texas when another person or company caused the collision, and you suffered injuries as a result. Depending on the circumstances, you may seek compensation through an insurance claim or a personal injury lawsuit.
A charter bus collision may involve several responsible parties, including the driver and the company operating the bus. Commercial transportation records can also play a significant role in showing why the crash occurred.
A Houston bus accident lawyer can help you determine whether you have a claim and protect your legal rights.
Who Can File a Claim After a Texas Charter Bus Crash?
You may have the right to file a claim if you were injured while riding a bus in Texas. You may also be able to file if you were injured while traveling in another vehicle, walking, or cycling when the bus accident occurred.
A surviving spouse, child, or parent may be able to file a wrongful death claim when a charter bus crash results in a death. The damages available in that type of case differ from those sought in a personal injury claim.
Texas also permits recovery in some cases involving shared fault. Your compensation is reduced according to your percentage of responsibility, but you cannot recover if you are found more than 50% responsible for the accident.
For a legal consultation call (713) 500-5000
Who May Be Liable for a Charter Bus Accident?
Charter bus companies have a duty to operate their vehicles with reasonable care. They must use qualified drivers and keep their buses in safe working condition. When a company fails to meet those duties, it may be responsible for the injuries that follow.
The driver may have caused the collision by speeding, following too closely, or making an unsafe turn. Fatigue is another concern in commercial passenger transportation. Federal rules limit how long covered passenger-carrier drivers may drive and remain on duty, although the regulations that apply will depend on the carrier and its operations.
Potentially responsible parties can include:
- The charter bus driver, if unsafe driving caused the collision.
- The bus company, if its own conduct contributed to the crash or its employee was negligent while working.
- A maintenance contractor, if faulty repairs left the bus unsafe.
- Another motorist who caused or contributed to the wreck.
- A manufacturer whose defective vehicle or component played a role in the collision.
What Records Can Help Show Why the Bus Crashed?
Charter bus claims often depend on information held by the transportation company. Those records may reveal whether the driver had exceeded applicable working limits or whether the company knew the bus needed repairs.
Evidence may include:
- Driver qualification and training files.
- Hours-of-service records when federal regulations apply.
- Electronic control module data.
- Onboard video or event-recorder footage.
- Dispatch communications.
- Inspection and maintenance histories.
- Company safety policies.
- Drug and alcohol testing records when relevant.
- Police reports and witness statements.
- Photographs of the roadway and vehicle damage.
Some electronic records are overwritten during routine business operations. The bus may also be repaired or returned to service before an injured person has an opportunity to inspect it. Prompt legal action can help preserve evidence in its original condition.
Click to contact us today
What Compensation Is Available After a Texas Charter Bus Crash?
An injured person may pursue compensation for losses caused by the collision. The amount depends on the nature of the injury and its effect on the person’s health, work, and daily activities.
Recoverable damages may include:
- Past and future medical expenses.
- Lost wages and reduced earning capacity.
- Physical pain.
- Mental anguish.
- Physical impairment.
- Disfigurement.
- Property damage.
- Other reasonable accident-related expenses.
When a crash causes a death, eligible family members may seek damages recognized under Texas wrongful death law. A separate survival claim may also address losses the person experienced between the injury and death.
Complete a Case Evaluation Form Now
How Long Do I Have to File a Charter Bus Accident Claim?
Texas generally gives you two years from the date of the crash to file a personal injury lawsuit. A wrongful death lawsuit is also generally subject to a two-year filing period, although the starting date and any available exceptions require individual review.
Do not assume that you have the full two years in every case. A charter bus operated by a governmental unit may trigger an earlier notice requirement. Other circumstances may also affect the filing period.
The legal deadline is not the only reason to act promptly. Delays can make it harder to obtain surveillance footage or locate witnesses. Company records may also become more difficult to secure if you wait too long.
What Should I Do After a Charter Bus Collision?
Seek medical attention as soon as you can, even if you were able to leave the scene without emergency treatment. Some injuries become more noticeable after the initial shock wears off. Following your doctor’s recommendations can protect your health while creating a clear record of your care.
Keep any information you received from the bus operator, law enforcement officers, or witnesses. Save photographs, medical bills, and documents showing missed work. Avoid signing a broad medical authorization or accepting a settlement before you understand the full effect of your injuries.
You should also be cautious when speaking with the bus company’s insurance carrier. An adjuster may request a recorded statement before you know what the evidence shows. You are not required to accept the insurer’s description of how the crash occurred.
File a Claim For Your Texas Charter Bus Crash Today
To pursue a claim after a Texas charter bus accident, you must establish that another party acted negligently and that the negligence caused your injuries. You must also document the losses for which you are seeking compensation.
Attorney Brian White Personal Injury Lawyers can investigate a charter bus collision and preserve evidence held by the transportation company. We prepare every case as though it may go to trial, and we do not refer a case out simply because an insurance company refuses to be fair.
Contact us today for a free consultation.
Call or Text (713) 500-5000 or Complete a Case Evaluation Form
