Detailed Answer
If you’re hurt as a passenger in a bus accident in Texas, you can seek compensation by bringing a negligence claim against the party responsible for your injuries. Below is a step-by-step guide to help you understand the process under Texas law.
1. Seek Immediate Medical Care
Your health comes first. Obtain prompt medical treatment and follow all care instructions. Your medical records will serve as key evidence of your injuries and their severity.
2. Preserve Evidence
Collect and safeguard all documentation related to the crash:
- Official accident report from law enforcement or the Texas Department of Transportation.
- Photographs of vehicle damage, road conditions, and your injuries.
- Contact information for eyewitnesses and fellow passengers.
- Bus maintenance, inspection records, or driver logs, if available.
3. Identify the Liable Party
In Texas, you must prove negligence. Potential defendants include:
- The bus driver, if they acted carelessly (e.g., speeding, distracted driving).
- The bus company or owner, for inadequate vehicle maintenance or poor hiring practices.
- A third party (e.g., another motorist) whose negligence caused the collision.
4. File a Claim or Lawsuit
First, submit a demand letter to the at-fault party or their insurer summarizing your damages and settlement request. If negotiations stall, file suit in district or county court based on the value of your claim.
If the bus operator is a government entity (city, county, state), you must comply with the Texas Tort Claims Act. Provide written notice of your claim within six months of the accident per Texas Civil Practice & Remedies Code § 101.101.
5. Observe the Statute of Limitations
Under Texas law, you generally have two years from the date of the accident to file a personal injury lawsuit. See Texas Civil Practice & Remedies Code § 16.003. Missing this deadline can bar your claim permanently.
6. Work with an Attorney
Although not required, an attorney experienced in Texas personal injury law can help gather evidence, handle communications with insurers, and navigate court procedures.
Helpful Hints
- Document every medical visit, expense, and treatment recommendation.
- Keep a detailed diary of pain levels, mobility issues, and daily limitations.
- Preserve all accident-related documents in a dedicated folder.
- Do not sign any release or accept a settlement without consulting an attorney.
- Stay aware of deadlines for notice and filing to protect your right to compensation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.