Injured in a Texas Bus Crash? Know Your Rights Now

What To Do Right After a Texas Bus Crash

• Call 911 and seek medical attention, even if injuries seem minor.
• Report the crash to law enforcement and ensure an official report is created.
• Photograph the scene, vehicle positions, visible injuries, skid marks, and any bus company or route identifiers.
• Collect contact details for the bus operator, company, school district or transit agency, other drivers, and witnesses.
• Preserve tickets, passes, itinerary, and any communications from the carrier.
• Avoid giving recorded statements to insurers before speaking with counsel.

Common Causes of Bus Crashes

• Driver inattention, fatigue, or impairment
• Unsafe speeds or following distances
• Inadequate driver training or supervision
• Vehicle or component failures (brakes, tires, steering)
• Poor maintenance practices
• Hazardous roadway conditions or signage issues
• Third-party driver negligence

Who May Be Liable

Depending on the facts, responsible parties can include the bus driver; a private bus company, charter operator, or tour company; a school district or its transportation contractor; a city or regional transit authority; maintenance contractors or vehicle manufacturers; and other motorists who contributed to the crash. Liability often turns on whether the bus operator is a common carrier and what safety duties applied under Texas law. In Texas, common carriers owe a high degree of care to their passengers. See, e.g., Speed Boat Leasing, Inc. v. Elmer, 462 S.W.3d 913 (Tex. 2015).

Texas Rules for Government-Operated Buses

When a bus is operated by a governmental unit (such as a municipality, county, school district, or transit authority), the Texas Tort Claims Act (TTCA) may govern your claim. Texas law generally requires written notice to the governmental unit within the time and manner required by statute or by the unit’s charter or policies, and failure to comply can impair or bar a claim. See Tex. Civ. Prac. & Rem. Code § 101.101; see also City of San Antonio v. Tenorio, 543 S.W.3d 772 (Tex. 2018); Worsdale v. City of Killeen, 578 S.W.3d 57 (Tex. 2019). In some circumstances, a governmental unit’s actual notice of the claim and its fault may substitute for formal written notice. See Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540 (Tex. 2003).

The TTCA provides a limited waiver of immunity for injuries arising from the negligent operation or use of a motor-driven vehicle by a governmental employee. See § 101.021. School districts retain immunity except to the extent of this vehicle-use waiver. See Tex. Civ. Prac. & Rem. Code ch. 101.

Damage Caps and Punitive Damages Limits

Claims against governmental units are subject to statutory damage caps. For example, claims against municipalities and the State are generally capped at $250,000 per person and $500,000 per occurrence for bodily injury, and $100,000 for property damage; other local governmental units have lower caps in many instances. See § 101.023. Exemplary (punitive) damages are not recoverable from governmental units. See § 101.024.

Comparative Fault in Texas

Texas follows “proportionate responsibility.” Your compensation may be reduced by your percentage of responsibility, and you cannot recover if you are more than 50% responsible for the harm. See Tex. Civ. Prac. & Rem. Code § 33.001.

Claims Against Private and Commercial Bus Operators

Private and commercial carriers must use reasonable care, comply with applicable safety rules, and maintain their fleets. Evidence may include driver qualification and training records, hours-of-service logs, dispatch data, maintenance histories, and electronic control module (ECM) or event data. Interstate passenger carriers are regulated by the Federal Motor Carrier Safety Administration (FMCSA), including hours-of-service and inspection/maintenance rules. See 49 C.F.R. Part 395 and Part 396. Texas generally adopts and enforces the federal motor carrier safety regulations for intrastate operations. See 37 Tex. Admin. Code § 4.11.

Evidence to Preserve

• The bus and all involved vehicles for inspection
• On-board video and event data recorders
• Dispatch communications and driver logs
• Maintenance and inspection records
• Incident and accident reports
• Surveillance footage from nearby businesses or the bus
• Medical records documenting injuries and progression

Potential Compensation

Depending on the case, recoverable damages may include medical expenses, lost wages and earning capacity, pain and suffering, physical impairment, and property damage. In cases against private defendants, exemplary damages may be available only when authorized by law and proven by clear and convincing evidence (e.g., fraud, malice, or gross negligence), and are subject to statutory limits. See Tex. Civ. Prac. & Rem. Code § 41.003 and § 41.008. Claims against governmental units are subject to the TTCA caps and do not allow exemplary damages. See § 101.023 and § 101.024.

Deadlines and Notice Requirements

Texas sets a general two-year statute of limitations for personal injury claims. See Tex. Civ. Prac. & Rem. Code § 16.003. For claims against governmental units, timely written notice is required by statute and may also be subject to shorter deadlines under local charters or policies. See § 101.101. Because these rules are technical and time-sensitive, speak with counsel promptly to protect your rights.

How a Lawyer Can Help

• Investigate promptly and secure critical evidence
• Identify all liable parties and insurance coverage
• Navigate governmental notice rules and carrier regulations
• Work with reconstructionists and medical experts
• Negotiate with insurers and litigate when necessary
• Keep you informed and protect your claim from avoidable pitfalls

FAQ

How long do I have to file a Texas bus crash claim?

Generally two years from the date of injury. Claims against governmental units also require timely written notice, which can be much earlier. Do not wait.

What if the bus was operated by a city or school district?

Your claim may be governed by the Texas Tort Claims Act, which includes notice requirements, immunity limits, and damage caps. Exemplary damages are not available against governmental units.

Can I recover if I was partly at fault?

Yes, unless you are more than 50% responsible. Your recovery is reduced by your percentage of fault.

What evidence should I gather?

Photos, witness details, medical records, the police report number, and any communications from the carrier. Your lawyer can send preservation letters for vehicle data, video, logs, and maintenance records.

Do I need a lawyer?

Complex rules and short notice deadlines make legal guidance valuable, especially with government entities or commercial carriers.

Next Steps

If you or a loved one was injured in a Texas bus crash, speak with an attorney as soon as possible. Early action helps preserve evidence, meet notice requirements, and position your claim for a favorable resolution. Contact our Texas injury team to discuss your options.

Sources

• Tex. Civ. Prac. & Rem. Code § 101.101 (TTCA notice)
• Tex. Civ. Prac. & Rem. Code § 101.021 (motor-driven vehicle waiver)
• Tex. Civ. Prac. & Rem. Code § 101.001 (definitions; governmental unit)
• Tex. Civ. Prac. & Rem. Code § 101.023 (damage caps)
• Tex. Civ. Prac. & Rem. Code § 101.024 (no exemplary damages vs. governmental units)
• Tex. Civ. Prac. & Rem. Code § 33.001 (proportionate responsibility)
• Tex. Civ. Prac. & Rem. Code § 16.003 (two-year limitations)
• Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540 (Tex. 2003)
• City of San Antonio v. Tenorio, 543 S.W.3d 772 (Tex. 2018)
• Worsdale v. City of Killeen, 578 S.W.3d 57 (Tex. 2019)
• Speed Boat Leasing, Inc. v. Elmer, 462 S.W.3d 913 (Tex. 2015)
• 49 C.F.R. Part 395 (hours-of-service)
• 49 C.F.R. Part 396 (inspection, repair, maintenance)
• 37 Tex. Admin. Code § 4.11 (adoption of FMCSR)
• Tex. Civ. Prac. & Rem. Code § 41.003 (exemplary damages standard)
• Tex. Civ. Prac. & Rem. Code § 41.008 (exemplary damages caps)

Disclaimer: This blog provides general information about Texas bus crash claims and is not legal advice. Reading it does not create an attorney-client relationship. Laws, deadlines, notice requirements, damage caps, and available remedies can change and may vary based on the governmental entity and the facts of your case. Consult a licensed Texas attorney about your specific situation.