Buses accidents often make headlines because one bus accident can injure a large number
of people at once. Even worse, buses are often used to transport children, therefore
injuring the most vulnerable among us. At Kirkendall Dwyer LLP, whether you were
injured while riding in a bus or as a passenger car sharing the road with a bus, we can
bring you the expertise and care needed to resolve your bus accident claim.
Bus Driver Negligence
Driving a bus takes a great deal of focus, especially considering there may be many
distractions inside of the bus. Whether the bus passengers are children or adults, a bus
driver must be trained, qualified, and prepared for the challenges of the road.
Whether a bus driver hasn’t been properly trained, or he simply does not call upon his
training, there are many common mistakes bus drivers make:
- Driving too fast in inclement weather conditions
- Driving under the influence of alcohol or drugs
- Using a cell phone to talk or text
The law has recognized the particularly delicate and important task of buses and bus
drivers by applying the rule of common carriers to buses. A common carrier is defined as
transportation that is hired by members of the public to transport passengers or goods,
and they are held to a higher standard of care. Bus drivers are required to act in a way
that a very cautious or prudent person would in similar circumstances. The intention
behind this rule is to provide as much assurance of safety as possible to those who entrust
themselves and their loved ones to public transportation. Once you are on a bus, there is
little you can do to keep yourself safe. You have placed your safety in the hands of the
bus driver and his ability to drive safely and defensively. The common carrier rule is a
higher standard of care, and its application makes it easier to find a bus driver negligent.
If the bus driver is found to have violated this strict standard of care within the scope of
his employment, the bus driver’s employer can also be held liable. This can assist us in
recovering the maximum possible amount of compensation for your injuries.
Texas Tort Claims Act
In most circumstances, the government is immune from lawsuits, but under the Texas
Tort Claims Act, a city or municipality can be sued for the actions of an employee that
injures others within the scope of his employment, especially if he is operating a motor
vehicle. This means that if your child was injured in a school bus accident, or if you were
injured in or by a Houston area public transportation bus, you may pursue a claim against the government.
The Texas Tort Claims Act was designed to help victims in situations like these, but you
need someone with comprehensive legal knowledge to help guide you through it. There
are limits on the amounts that you can recover for your accident, and time limits in
addition to the statute of limitations that you must abide by when filing your claim. One
of these time limits is the requirement of filing notice within a certain amount of time
(often 30 days, but can vary from locale to locale). If you fail to follow such rules, you
will unintentionally forfeit your right to file a claim. Call one of our attorneys today to
help ensure you get the recovery you deserve.
Bus Company Negligence
Bus companies are responsible for hiring bus drivers that will be able to uphold the duty
of the utmost care to its passengers. It is critical that before hiring a driver, the company
investigate the full history of that driver. The company must look into the driver’s record
in every state in which he has driven. It is equally as important for the bus company to
investigate any substance abuse problems, drinking and driving citations, or history of
alcoholism. If a company does not do its job in investigating each potential employee
thoroughly, then it can be held liable for the accident its driver caused.
Our attorneys will bring the resources necessary to fully investigate every aspect of your
bus accident claim. Even if the bus company performed the proper background checks,
we can use medical records, witness interviews, and bank records to find out if there was
any reason the bus company should have known that the bus driver would not be able to
exercise this level of care. Contact an attorney at Kirkendall Dwyer LLP today to begin
your case review.
As in other car and truck accident cases, it is always possible that there was a defective
part in the bus. Whether it was a part that malfunctioned or a part that failed to function,
the manufacturer of the part will be liable if the part caused your injury.
Only after a thorough investigation can such liability be determined. The amount of
evidence and the expert witnesses required to establish liability would be complex in this
situation, and you need an experienced attorney in order to succeed in such a claim.
Our Attorneys are here for You
Our attorneys are here to give you the individual attention that your case needs and
deserves. Bus accidents are multi-faceted and need dedicated resources and legal
knowledge. Our team will investigate every possible avenue of recovery to make sure
that your compensation is complete. Let our team handle your case. The sooner you
contact Kirkendall Dwyer LLP, when searching “bus accident lawyer Houston,” the better able we will be to help you.