Who can you sue after a bus accident? You may be able to sue the bus driver, the company that maintains the bus, and, in some cases, the city where the bus operated. Third parties may also be at fault.
To sue after a bus accident, you need to document the cause of the accident and all losses you have. Then, prove negligence to receive compensation. Your Arlington bus accident lawyer can help you navigate the process of filing a bus accident lawsuit and holding those who hurt you accountable.
After a Bus Accident You Can Sue The Bus Driver
The first party usually considered in an accident like this is the bus driver. A bus driver may be responsible for the injuries and losses they cause to others as a result of their negligent behavior.
The driver may be at fault when the bus accident is caused by their actions such as:
- Speeding or otherwise operating the vehicle recklessly
- Falling asleep behind the wheel
- Impairment from alcohol or drug use
- Distraction by using their phone, navigational devices, or engaging with passengers
- Refusal to abide by state or city laws
The bus driver maintains responsibility for their actions when those actions result in serious injuries or the loss of life. That includes when a bus strikes a pedestrian, bike rider, or other vehicle as well as when a bus driver causes an accident that injures passengers. Speak with an Arlington personal injury lawyer to determine who you can sue after a bus accident.
Bus Accident Lawsuit: The Bus Company
In situations where the bus company is a private organization, you can sue them for the accident and your injuries if you can prove they were negligent.
The bus company could be responsible for the actions of their drivers if they knew or should have known about the risks to passengers. Some examples of when the bus company may be at fault for the accident include:
- They hired a driver who did not have proper training or certification.
- The driver had a pattern of reckless behavior, accusations, or numerous reports of risky actions behind the wheel.
- The company failed to follow any regulations, safety steps, or preventative maintenance on the vehicle, and this contributed to the accident.
- Situations where the bus driver is at fault due to fatigue, and they were forced to work long hours because of the demands of the company.
- Failure to conduct appropriate background checks before hiring the driver.
The bus company is responsible in situations where their drivers are employees. This may include bus drivers operating for tour companies or private bus services. Most often, both the driver and the bus company are held accountable for your losses.
You Can Sue The Government
Government entities are generally protected by sovereign immunity, but the Texas Tort Claims Act provides limited exceptions that may allow claims involving government-operated vehicles, subject to strict notice requirements.
This includes any bus that strikes you that is:
- Owned by the city, such as part of the city’s transit system
- Owned and operated by the school district
- State-run transportation services and agencies, such as providing access to travel care for people with disabilities
In these situations, the claims process is more complex, requiring victims to pursue a claim with the city and notify it of their accident and losses. There is a strict timeframe for this, and if you fail to meet the requirements, the city does not pay for your compensation. If a city-owned bus struck you, hire an attorney to represent you in seeking fair compensation through a simple claim.
Other Drivers on the Road with You
Sometimes, the bus driver did not fail to act in a safe manner, but someone else did. It may be a car that flies past the bus and then cuts it off, causing an accident.
It may be a drunk driver who strikes the bus and causes injuries. Another situation may involve a passenger claim in which the driver becomes distracted and crashes.
In these situations, you must document who is at fault with evidence. For example, if you are on a bus struck by a driver from behind, you may be able to demonstrate the other driver is responsible because they failed to stop in time or did not abide by posted traffic laws.
Surveillance footage, witness statements, and other evidence may help to substantiate these claims. Your bus accident lawyer will seek legal action against any party you can prove caused the accident and your losses as a result.
Other Parties at Fault in a Bus Accident
There are third parties that may be responsible for the injuries and losses you have. After a thorough investigation, the insurance company or the police will determine fault. Some third parties that may be at fault include:
- A mechanic who failed to use the proper methods of repair, causing the accident
- The manufacturer for failure to warn about risks, manufacturing flaws, or design errors
- Parts manufacturers contributing to the accident
In these more complicated cases, the requirements for demonstrating fault remain very clear. Victims must show a direct connection between the accident that occurred and the losses they suffered. There are many potential strategies to use to build confidence in your case by demonstrating that a third party is at fault. Your attorney’s job is to exhaust all possible methods for recovery.
Schedule a Free Consultation with Our Bus Accident Lawyer in Texas Now
At The Texas Law Dog, we know these are among the most alarming cases because you trusted the bus driver to get you or your family member home safely.
When they fail to do so through negligence, our team can help. Request a free consultation with our bus accident lawyer in Arlington now to learn more about your rights and to determine who you can sue after a bus accident.
