Was your child hurt in a collision while on the school bus? Learning that your kid was injured in a bus-related crash can be a parent’s worst nightmare, but you don’t have to handle anything on your own. Instead, contact a DeSoto bus accident lawyer as soon as you can.
As a law firm established in 2018, The Texas Law Dog can fight for justice on behalf of your child by serving as your school bus accident lawyer in DeSoto. Our attorneys have firsthand insight into how insurers approach injury claims, and we’re here to help.
Responsibility Depends on Who Was Operating the Bus
One of the first questions families have after a school bus accident is who can actually be held responsible. There is no single rule that applies to every school bus accident because liability depends on the following information:
- The facts surrounding the collision
- The people or entities involved
- The legal relationship between the parties
A school bus could be owned and operated by a public school district, operated by a private transportation company, or involved in a collision caused by another motorist. Each situation can involve different legal rules and different insurance issues.
Your personal injury lawyer in DeSoto can investigate the circumstances and determine which parties should be considered. Here’s what this process can involve:
- Reviewing the crash report
- Gathering witness statements
- Examining available video footage
- Reviewing vehicle records
- Looking at medical documentation
The goal is to establish how the accident happened and connect the conduct that caused the accident to the injuries suffered. That distinction matters. Simply being involved in an accident does not automatically establish legal responsibility.
A successful personal injury claim generally requires evidence supporting the applicable legal theory of liability.
Public School Districts Are Subject to Special Rules
When a public school district operates the bus, governmental immunity becomes an important part of the claim. Texas generally protects governmental entities from certain lawsuits through governmental immunity.
However, the Texas Tort Claims Act creates specific circumstances in which a governmental unit can be held liable. Under Texas Civil Practice and Remedies Code Section 101.021, a governmental unit can be liable for personal injury or death caused by the following:
- Wrongful act
- Omission
- Negligence
However, these actions must have been taken by an employee acting within the scope of employment when the injury arises from the operation or use of a motor-driven vehicle. From there, the employee would be personally liable under Texas law.
A school bus falls within the type of motor-driven vehicle addressed by this provision. That does not mean every accident involving a public school bus automatically results in liability for the school district. The facts have to fit within the requirements of the Texas Tort Claims Act.
This is one reason DeSoto school bus accident attorneys can be valuable in a school bus injury claim. A family should not have to determine on its own whether governmental immunity applies, whether an exception exists, or which legal requirements have to be satisfied.
DeSoto School Bus Accident Lawyer Near Me (817) 775-5364
Driver Negligence Can Affect Your Claim
Texas personal injury law generally requires an injured person to establish the elements of a negligence claim. That includes showing that the defendant owed a duty, breached that duty, and caused the injuries for which compensation is being sought.
The evidence matters, and your DeSoto school bus accident attorney can gather the following information to establish what happened:
- Police reports and crash diagrams
- Statements from people who witnessed the accident
- Available surveillance or vehicle video
- Photographs of the vehicles and accident scene
- Medical records and treatment information
- Employment records related to lost income
- Documentation showing other financial losses
The purpose of gathering this information is to create a clear factual record. Insurance companies and defense attorneys can challenge liability when evidence is incomplete, so having documentation that supports the claim is important.
Texas Usually Applies a Two-Year Injury Deadline
Texas law generally gives an injured person two years to bring a lawsuit for personal injury. Section 16.003 of the Texas Civil Practice and Remedies Code states that a person must bring an action for personal injury no later than two years after the cause of action accrues.
The same section addresses claims involving death. That deadline does not eliminate the need to address earlier requirements that apply to governmental claims. The distinction is particularly important in school bus cases involving public school districts.
A person could have a general two-year limitations period while also facing a separate governmental notice requirement. Because the deadline depends on the facts of your case, it’s worth contacting a school bus accident attorney in DeSoto as soon as possible.
Call The Texas Law Dog for Help From Our DeSoto School Bus Accident Attorneys
At The Texas Law Dog, our attorney’s previous work in the insurance industry provides insight into the way insurers assess injury claims and respond to demands for compensation. We pair this information with a commitment to representing people who have been hurt.
For families that are hurting in the aftermath of a school bus collision, our DeSoto school bus accident law firm is the one to call. We work on a contingency-fee basis, and we can travel for consultations if you can’t make it to our office.
You can also lean on us if you need financial assistance resources. We believe clients deserve an attorney who will stand up for them while treating them with compassion throughout the legal process. Contact The Texas Law Dog to discuss your options today.
