The VIA Metropolitan Transit is one of many bus systems operating within San Antonio. While VIA Metropolitan Transit offers public transportation that thousands of Texans use every day for local transit, other types of buses also operate within San Antonio. School buses, private buses, and national buses all travel within San Antonio daily.
These large vehicles can cause catastrophic damage and injuries if involved in an accident on the roadways. If you suffered any injuries related to a bus accident, either as a passenger, motorist, pedestrian, or bicyclist, you might have astronomical medical bills, lost wages, and excruciating pain and suffering. Learn more about how a San Antonio bus accident lawyer at Ben Crump Law, PLLC, could help you recover compensation for your losses by calling (800)-921-7227 for a free case review.
Why Determining Legal Liability Matters to Victims of Bus Accidents
If you suffered any injuries related to a bus accident, determining the entity or person responsible for the accident can help victims understand who has a legal liability to compensate them for their losses.
Respondeat Superior
A victim might have the right to pursue compensation from either a governmental entity or a private bus company through a legal concept known as respondeat superior. This legal doctrine indicates that an employer remains legally responsible for the actions of their employees. In contrast, the employee performs their duties in the ordinary course of business within the normal scope of their employment.
There are some circumstances in which a victim will also have the legal right to pursue a claim individually against the driver—for example, if the driver’s actions proved exceptionally egregious, such as a driver operating a bus under the influence of alcohol or drugs. Visiting with a San Antonio bus accident lawyer can provide you a better understanding of which entities have a responsibility to compensate you under the law for your injuries and losses.
Governmental Entity
If your bus accident occurred on or with a VIA Metropolitan Transit or any public school district bus, and an investigation of the bus accident determined that the bus driver caused the bus accident, you will have the ability to file a claim directly against the government agency.
Filing a claim against a governmental entity is different from filing a civil personal injury claim against another driver or private business. However, Texas Civil Practice and Remedies Code §101.021(1)(A), part of the Texas Tort Claims Act, provides bus accident victims a remedy for their damages.
First, a victim only has 90 days from the bus accident date to file a claim with a government agency such as the City of San Antonio’s Office of Risk Management. Ninety days is an incredibly short period to file a claim following a bus accident. In many cases, victims will not have their medical issues and injuries resolved during this short period. Additionally, an independent investigation must occur at a rapid pace to meet this short deadline. Finally, compiling all your medical bills, information from an employer regarding lost wages, property damage invoices, and calculating pain and suffering can take an extraordinary amount of time and effort.
As a victim of a bus accident, you should consider moving quickly concerning your claim against a governmental entity to ensure that your legal right to pursue compensation for your injuries and losses remains intact.
In many cases, after a victim files a claim with a government entity, they’ll receive a call from a claim adjuster investigating the accident. If the city or school district accepts the claim, it’ll offer you a settlement. If it denies your claim, you have the legal right to file suit in a civil court of law.
Navigating a claim against a governmental entity can prove legally challenging and complex. You might want the support that a San Antonio bus accident lawyer provides while pursuing your case. Call Ben Crump Law, PLLC, today to discuss your next steps for recovering compensation for your injuries and losses.
Private Entities Utilizing Buses
Many different organizations use private charter buses to transport customers or patrons throughout the city of San Antonio, including:
- Private schools
- Churches
- Hotels
- Airports
- Rental car companies
These private entities have a vested interest in transporting their clientele or customers from one area to another throughout San Antonio. Additionally, private bus companies such as Greyhound might operate nationally but have routes that carry passengers around San Antonio.
In bus accident cases involving these private companies, a victim suffering injuries could file a lawsuit directly against the bus company to receive compensation for their injuries and losses. These suits would follow the two-year statute of limitations outlined in Texas Civil Practice and Remedies Code §16.003 for personal injury or wrongful death suits.
For a free legal consultation with a bus accidents lawyer serving San Antonio, call 800-921-7227
Product Liability Cases
In some circumstances, the bus accident may result from a faulty or defective part or component of the bus itself. If an investigation determines that a manufacturing defect caused the bus accident (e.g., faulty brakes or defective steering components), the victim may have the legal right to pursue a product liability claim against the manufacturer, designer, supplier, or retailer of the defective product.
If the investigation determines that the manufactured part was not defective, but rather failed due to lack of inspection, maintenance, repair, or replacement, the victim could pursue a claim against the mechanic or company that serviced the bus. A bus accident attorney can review maintenance records to determine if a third-party entity that had a responsibility to repair, replace, or maintain the buses regularly failed to do so.
San Antonio Bus Accident Lawyer Near Me 800-921-7227
Learn More by Visiting with a San Antonio Bus Accident Lawyer
You might feel overwhelmed if you suffered injuries and losses related to a bus accident and unsure of your next steps. Learn more about how a San Antonio bus accident lawyer at Ben Crump Law, PLLC, could help. Call our team today at (800)-921-7227 to discuss your legal rights and how we can assist in recovering compensation for your damages.
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