Texas Bus Accident Claims Guide: How to Sue a Bus Company

What to Do After a Bus Accident in Texas: Your Complete Legal Guide

If you’ve been injured in a bus accident in Houston, Austin, Beaumont, or anywhere in Texas, you’re likely facing a confusing and stressful situation. Making a claim against a bus company is not like a typical car accident claim. The process is layered with complexities, from identifying the correct defendant to navigating strict governmental immunity laws. At Attorney911—The Manginello Law Firm, PLLC—we are Legal Emergency Lawyers™ who have handled catastrophic bus and commercial vehicle accidents for over 25 years. Our senior attorney, Ralph Manginello, has been admitted to practice in Texas since 1998 and before the U.S. District Court for the Southern District of Texas, giving us the federal experience necessary for these complex cases. This guide will walk you through every step, armed with the insider knowledge and proven results that define our firm.

Can You Sue Public Transportation in Texas? Understanding Governmental Liability

The short answer is yes, you can sue for injuries caused by public transportation accidents in Texas. However, as Ralph Manginello notes in the video, “Suing the government is much more complicated than suing a person or a private business.” This complexity stems from the legal doctrine of sovereign or governmental immunity. In Texas, cities, counties, and state agencies are generally immune from lawsuit unless that immunity has been waived by statute.

The Texas Tort Claims Act: Your Limited Window to Sue the Government

The primary waiver of immunity for accidents like bus crashes is the Texas Tort Claims Act (TTCA), found in the Texas Civil Practice & Remedies Code, Chapter 101. The TTCA allows you to sue a governmental unit, like a city’s transit authority, for personal injury caused by the negligent operation or use of a motor-driven vehicle by a government employee acting within the scope of their employment. This means if a Houston METRO bus driver runs a red light or a Capital Metro driver in Austin is distracted and causes a crash, the governmental entity can be held liable.

However, the TTCA places severe restrictions and caps on these claims. Most critically, there is a damages cap. For personal injury or death claims against a municipality like the City of Houston, recovery for each person is limited to $250,000 per person and $500,000 per single occurrence for bodily injury. For claims against the state, the cap is even lower. Furthermore, the TTCA explicitly does not waive immunity for punitive damages. This makes proper valuation and aggressive negotiation absolutely critical, as you have a hard ceiling on what you can recover from a government defendant.

The Critical Notice of Claim Deadline

Beyond the standard two-year statute of limitations for personal injury in Texas (Texas Civil Practice & Remedies Code § 16.003), suing a government entity requires you to file a formal Notice of Claim. Under the TTCA, you must notify the governmental unit of your claim within six months of the incident. This notice must include specific details: the date, location, circumstances of the incident, a description of your damages, and the amount of compensation you are seeking. Failure to provide this exact, timely notice can forever bar your claim, regardless of its merits.

This is where experience is non-negotiable. At Attorney911, we have handled litigation against massive entities, including our involvement in the BP Texas City explosion litigation. We understand how to build a claim that meets every procedural requirement while maximizing value within the statutory constraints. As client Jamin Marroquin noted, “Mr. Manginello guided me through the whole process with great expertise.” When you call 1-888-ATTY-911 after a bus accident, we immediately begin the investigation and claims preservation process to protect your rights against these tight deadlines.

Who Is Liable in a Texas Bus Accident? It’s Often More Than Just the Driver

Determining liability is the cornerstone of any successful bus accident claim. As the transcript states, “In most bus accident cases, the owner and operator of the bus company would be liable.” But in practice, liability can extend to multiple parties, creating a web of potential defendants. Identifying all responsible parties is essential for ensuring full compensation, especially if one defendant has limited insurance or assets.

The Doctrine of Respondeat Superior and Vicarious Liability

Bus companies are typically liable for the negligence of their drivers under the legal doctrine of respondeat superior (“let the master answer”). This means if the driver was acting within the course and scope of their employment when the accident occurred, their employer—the bus company or transit authority—is vicariously liable. We don’t just take the company’s word for it; we subpoena employment records, training logs, and dispatch communications to confirm the driver was on duty.

Third-Party Liability: When Others Share the Blame

Bus accidents are often multi-vehicle collisions. Liability may also fall on:

• Other Negligent Drivers: A passenger car that cut off the bus.
• Manufacturers and Maintenance Companies: If a mechanical failure caused the crash, we pursue product liability claims against the bus or part manufacturer (like brake or tire companies) and negligence claims against the maintenance contractor. As Ralph Manginello’s team proved in a maritime back injury case, thorough investigation reveals who “should have been assisted in this duty.”
• Government Entities Responsible for Roadways: If dangerous road conditions (like missing signage, poor lighting, or unrepaired potholes) contributed to the crash, the municipality or Texas Department of Transportation (TxDOT) could be liable.
• Contracting Entities: For charter buses, the company that hired the bus (like a school, church, or tour group) could bear responsibility if they provided inadequate information or imposed unsafe schedules.

Our investigative team, led by attorneys with real trial experience, leaves no stone unturned. We have secured multi-million dollar settlements, such as for a client who suffered a leg amputation after a car accident, by meticulously identifying every source of liability and compensation. Don’t try to navigate this alone. Call our legal emergency line at 1-888-ATTY-911 for immediate assistance.

Proving Negligence in a Bus Crash: What You Need to Win

To win a bus accident lawsuit, you must prove negligence. This requires establishing four elements: 1) The bus company or driver owed you a duty of care, 2) They breached that duty, 3) The breach caused the accident, and 4) You suffered damages as a result. The transcript provides examples of negligence: improper maintenance, distracted driving, and inadequate training. Let’s expand on what this evidence looks like in a real Texas case.

Evidence of Driver Negligence

• Electronic Logging Device (ELD) & HOS Records: Commercial bus drivers must comply with Federal Motor Carrier Safety Administration (FMCSA) Hours-of-Service (HOS) rules. We obtain ELD data to prove fatigue from driving too many hours.
• Cell Phone Records & Telematics: We subpoena records to prove texting or phone use at the time of the crash.
• Dashcam & Surveillance Footage: This is often the most compelling evidence. We act immediately to send spoliation letters to preserve footage before it’s automatically deleted (often within 30 days).
• Driver Qualification File: We request the driver’s complete file to check for prior violations, inadequate training, or medical conditions that should have disqualified them.

Evidence of Company Negligence

• Maintenance Records: To prove improper maintenance, we demand all repair logs, pre-trip inspection reports, and mechanic records.
• Safety Policy Violations: We compare the driver’s actions against the company’s own written safety policies.
• Prior Incidents & Notice: A history of similar accidents or complaints can show the company knew of a dangerous problem and failed to fix it.

Lupe Peña’s background as a former insurance defense attorney is invaluable here. “I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney,” he says. “We know how insurance companies take innocent activity out of context to build ammunition against you. We use that insider knowledge to instead build an unshakeable case for you.” This is the Attorney911 difference: we know the defense playbook because we used to run it.

What Is a Good Settlement Offer for a Bus Accident in Texas?

As the transcript correctly states, “Every bus crash case involves a unique set of facts.” There is no magic formula or average settlement amount. A “good” offer is one that fully compensates you for all your past and future losses, given the specific facts of your case and the applicable law (like the TTCA caps). At Attorney911, with our insider knowledge of claim valuation, we assess every offer against a detailed analysis of your damages.

Calculating the Full Value of Your Claim: Economic and Non-Economic Damages

A comprehensive settlement must account for:

• Medical Expenses: Past and future hospital bills, surgery, medication, rehabilitation, and assistive devices.
• Lost Wages & Loss of Earning Capacity: Income lost during recovery and reduced future earning potential if your injuries prevent you from returning to your previous work.
• Property Damage: The total loss or repair cost for your vehicle.
• Pain and Suffering: Physical pain and emotional distress (discussed in detail below).
• Physical Impairment & Disfigurement: Compensation for the loss of a bodily function or permanent scarring.
• Loss of Consortium: Damages for the impact of your injuries on your relationship with your spouse.

Factors That Truly Impact Your Settlement Value

The transcript lists several factors. From our 25+ years of experience in Houston courtrooms, we emphasize:

• Severity and Permanency of Injury: Catastrophic injuries like traumatic brain injury (TBI), spinal cord damage, or amputations—like our client who suffered a partial leg amputation after a car accident—command significantly higher value.
• Liability Clarity: Clear evidence of bus driver fault leads to higher, faster settlements.
• Insurance Policy Limits: We investigate all applicable policies, including the bus company’s commercial policy and any umbrella coverage.
• Your Attorney’s Reputation: Insurance companies know which firms prepare every case for trial and which will settle cheaply. Our record, including multi-million dollar results and active litigation like the $10 million Bermudez v. Pi Kappa Phi lawsuit, signals that we are trial-ready. As client Donald Wilcox found after another firm rejected his case, “I got a call from Manginello… I got a call to come pick up this handsome check.”

We advance all costs of building your case, and you pay nothing unless we win. To get an honest assessment of what your claim might be worth, call 1-888-ATTY-911 for a free consultation.

Pain and Suffering in Texas Bus Accident Cases: What You Need to Know

This is a critical area where the transcript provides essential Texas-specific information. For claims against private bus companies, Texas has no statutory cap on pain and suffering damages. A jury can award whatever they deem reasonable. However, as noted, there are strict caps when suing a governmental entity under the TTCA.

How Pain and Suffering Is Calculated and Proven

These damages are not for tangible bills but for the physical and emotional toll of your injury. They are often calculated using a “multiplier method” (where economic damages are multiplied by a factor, typically 1.5 to 5) or a “per diem” method. More importantly, they are proven through evidence:

• Your Testimony: A detailed, credible account of your daily pain, anxiety, and loss of enjoyment of life.
• Family & Friend Testimony: How your personality and abilities have changed.
• Medical Expert Testimony: Doctors can explain the pain associated with your injuries and future prognosis.
• Mental Health Expert Testimony: Psychologists or psychiatrists can diagnose and testify about post-traumatic stress disorder (PTSD), depression, or anxiety resulting from the crash.
• Documentation: A pain journal can be powerful evidence.

As client Glenda Walker shared about her experience with our firm, “They fought for me to get every dime I deserved.” We fight to ensure the insurance company sees the full human cost of your injury, not just the medical bills.

The Governmental Cap: A Strategic Imperative

When a city or state entity is involved, the total recovery for pain and suffering, physical impairment, and disfigurement is included within that $250,000 per-person cap. This makes strategic case preparation vital. We must maximize the value of every category of damage within that limit. Our experience in federal court and complex litigation ensures we build the most compelling case possible within these legal constraints.

When Should You Contact a Bus Accident Lawyer? The Answer Is NOW.

If you’ve been injured, you should contact a bus accident lawyer as soon as possible. Here’s why immediate action is critical, based on our decades of experience across Texas.

The Insurance Company Is Already Building a Case Against You

Within hours of the crash, adjusters for the bus company’s insurance carrier are at work. Their goal, as the transcript warns, is to “pay you as small a settlement as possible.” They may contact you with a quick, lowball offer before you understand the full extent of your injuries. They may ask for a recorded statement, hoping you’ll say something they can use to blame you for the accident. With Lupe Peña’s insider knowledge—”I spent years taking recorded statements FOR insurance companies”—we know every trap in those questions.

As client Stephanie Hernandez said, “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.” When you call 1-888-ATTY-911, we take over all communication with insurers, protecting you from their tactics.

Evidence Disappears Quickly

Dashcam footage is overwritten. Surveillance footage from nearby businesses is deleted. Witness memories fade. The bus company’s own investigation begins immediately. You need a firm with the resources and urgency to act. We send evidence preservation letters immediately, dispatch investigators to the scene, and secure crucial data before it’s lost forever.

Legal Deadlines Are Absolute

As discussed, the six-month Notice of Claim deadline for governmental entities is unforgiving. The two-year statute of limitations is equally strict. Missing a deadline by one day extinguishes your claim permanently. Let us handle the calendar while you focus on healing.

Why Attorney911 Is the Right Choice for Your Texas Bus Accident Claim

Choosing an attorney after a serious accident is one of the most important decisions you’ll make. You need more than just a lawyer; you need a dedicated team with proven results, insider knowledge, and a commitment to fight for you. Here is what sets Attorney911 apart.

Decades of Experience and a Record of Multi-Million Dollar Results

Ralph Manginello has been fighting for injured Texans since 1998. Our firm has recovered multi-million dollar settlements for clients with catastrophic injuries, including brain injuries, amputations, and wrongful death. We don’t just handle cases; we litigate complex, high-stakes matters, from the BP explosion litigation to our current $10 million lawsuit against the University of Houston. We are admitted to federal court, which is often where cases against large corporate entities or involving complex federal regulations are heard.

The Unfair Advantage: A Former Insurance Defense Attorney on Your Side

Associate Attorney Lupe Peña spent years at a national defense firm working for insurance companies. He knows exactly how they value claims, which arguments they use to deny liability, and how they attempt to minimize pain and suffering. As he says, “We know their tactics because Lupe used them for years.” This insider knowledge is now your advantage. We anticipate their strategies and counter them effectively from day one.

A Client-Centered Approach That Feels Like Family

With over 251 Google reviews and a 4.9-star rating, our clients consistently praise our communication and personal care. From paralegal Leonor, who is mentioned in 80+ reviews for her dedication, to Ralph’s personal involvement, we make you feel like family, not a case file. We are a local Texas firm with deep roots in Houston, Austin, and Beaumont, and we offer fluent Spanish services through Lupe and our bilingual staff. As client Chad Harris said, “You are FAMILY to them.”

If you or a loved one has been injured in a bus accident anywhere in Texas, don’t face the insurance companies and complex legal deadlines alone. Call the Legal Emergency Lawyers™ at 1-888-ATTY-911 for your free, no-obligation consultation. We work on a contingency fee basis, meaning there is no cost to you unless we recover compensation for you. Visit our website at attorney911.com to learn more. Let us put our experience, insider knowledge, and relentless advocacy to work for you.

Frequently Asked Questions About Texas Bus Accident Claims

What if I was a passenger on the bus that caused the accident? Can I still sue?

Yes, absolutely. As a passenger, you are an innocent victim. You owe no duty to the other drivers on the road, so Texas’s modified comparative fault rule (which bars recovery if you are 51% or more at fault) typically does not apply. You can file a claim against the bus company for the negligence of its driver. Your claim is separate from any claims by drivers of other vehicles involved.

How long does a bus accident lawsuit typically take in Texas?

Every case is unique. A straightforward case with clear liability and minor injuries may settle in a few months. A complex case involving catastrophic injuries, governmental defendants, or disputed liability can take 18-24 months or longer, especially if litigation is necessary. At Attorney911, we work efficiently to build maximum leverage, but we never rush a case at the expense of your full recovery. We prepare every case as if it’s going to trial, which often forces insurers to make fair settlement offers sooner.

What if the bus driver was not negligent, but the accident was caused by a mechanical failure?

The bus company can still be held liable for negligent maintenance. Furthermore, we would investigate a potential product liability claim against the manufacturer of the defective part (brakes, tires, steering components). These cases require extensive investigation and expert testimony from engineers and mechanics, which our firm has the resources and experience to manage.

I can’t afford medical treatment right now. How can I pursue a claim?

This is a common and serious concern. At Attorney911, we can help connect you with medical providers in our network who are willing to provide treatment on a letter of protection or medical lien basis. This means you get the care you need now, and the provider is paid from the proceeds of your settlement or verdict. We advance all case costs, so there are no upfront fees to begin your claim.

What makes Attorney911 different from other personal injury firms advertising in Houston?

Three key differentiators: 1) Insider Insurance Knowledge: With Lupe Peña’s defense background, we know the other side’s playbook. 2) Proven Multi-Million Dollar Results: We have a documented record of securing significant settlements for catastrophic injuries. 3) Personalized, Communicative Service: With a 4.9-star rating from 251+ clients, we are known for treating clients like family. We are trial-ready litigators, not a settlement mill. As Houston legend Trae Tha Truth has recommended, you know you’re in good hands.

I think I might have been partially at fault. Does that mean I can’t recover anything?

Not necessarily. Texas follows a “modified comparative fault” rule (Texas Civil Practice & Remedies Code § 33.001). If you are found to be 50% or less at fault for the accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you are barred from recovery. Determining fault is a complex legal and factual issue. Do not admit fault to anyone. Let us investigate the crash and protect your rights. Call us today at 1-888-ATTY-911 for a confidential evaluation of your case.

Frequently Asked Questions

Can I sue a city bus company like Houston METRO for an accident?

Yes, you can sue a public transit agency under the Texas Tort Claims Act, but there are strict damage caps ($250,000 per person against a city) and a 6-month notice deadline. An experienced lawyer is essential to navigate these complex rules.

Who is liable if a charter bus causes an accident in Texas?

Liability typically falls on the bus company (for driver negligence under respondeat superior) and potentially the driver, maintenance company, parts manufacturer, or the entity that hired the bus if they contributed to unsafe conditions.

How much can I get for pain and suffering from a bus accident in Texas?

For claims against private companies, there is no cap. Against government entities, pain and suffering is included in the $250,000 per-person cap. The value depends on injury severity, treatment, and impact on your life, proven through medical and expert testimony.

When is the deadline to file a lawsuit after a bus accident in Texas?

You have two years from the accident date to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). However, if suing a government entity, you must also file a formal Notice of Claim within SIX MONTHS. Missing either deadline bars your claim.

Why should I call Attorney911 instead of handling the claim myself or with another firm?

Attorney911 offers a unique combination: Ralph Manginello’s 25+ years of trial experience, Lupe Peña’s insider knowledge from years as an insurance defense attorney, a proven record of multi-million dollar settlements, and client-praised communication. We prepare every case for trial to maximize your recovery.