METRO bus in Houston, Texas. | Patrick Daniel Law

Can You Sue METRO or HISD After a Bus Accident in Houston?

Yes, you have the right to sue METRO or HISD after a bus accident in Houston, though your rights are limited by the Texas Tort Claims Act. While this law allows bus accident victims to pursue compensation, there are specific rules to be aware of, including:

The bus must have been operated by an employee who was acting within the scope of their official duties.
The employee would be personally liable for damages if they were acting as a private person.

In other words, the standard of negligence is generally the same as regular personal injury claims. What changes are the procedures for pursuing compensation.

What Makes These Cases Different?

What makes cases against government entities like METRO and HISD so different are the legal protections put in place that are not afforded to private entities. These include:

Specific Administrative Procedures: For example, instead of beginning the process by filing a claim or lawsuit, you must first file a notice of claim that the agency will review before a claim or lawsuit can proceed.
Damage Caps: In most claims against government agencies, strict caps apply to how much compensation you can recover.
Handling of Evidence: Most of the evidence in claims involving government entities is controlled by those very same entities (think surveillance footage, maintenance logs, and driver records).

Ultimately, what this means for bus accident victims is that it may be best to receive support and guidance from a Houston bus accident lawyer who has experience filing claims against government entities and knows how to achieve results for their clients.

Who Else Could Be Liable?

While it may seem like METRO or HISD is solely responsible for your accident, it’s always important to consider how other parties’ negligence may have contributed to the accident.

Some other potentially liable parties could include:

Manufacturers or maintenance contractors responsible for the safety and upkeep of buses
Contractors or third-party actors, such as transportation vendors
Agencies responsible for road design, maintenance, or signage, in situations where road conditions contributed to the accident

A thorough investigation at the onset of the claims process is generally the best way to determine who is responsible, and therefore, liable, for the accident and subsequent damages.

Establishing negligence on the part of another entity could also make it possible to recover additional compensation beyond the damage caps that apply to your claim against the government.

How Long After a Bus Accident Can You Sue?

This is one of the most important factors to consider when bringing a case against government agencies.

While the general statute of limitations in Texas for personal injury claims is 2 years from the date of the accident, claims against the government require additional, earlier deadlines, including:

A notice of claim within 90 days for METRO
A notice of claim within 6 months for HISD

Missing these deadlines could mean forfeiting your right to compensation altogether, though there are occasionally exceptions that apply, such as when children are injured in bus accidents. Nevertheless, evidence can deteriorate quickly, and an exception is never guaranteed, which is why we always recommend getting started with the claims process as soon as possible.

Damages You May Be Able To Pursue

Like standard personal injury claims, damages you are able to pursue in a claim against METRO or HISD fall into two primary categories:

Economic damages, which cover financial losses, both short-term and long-term. This includes medical expenses, lost wages, loss of earning capacity, out-of-pocket expenses, and more.
Non-economic damages, which cover pain and suffering, loss of enjoyment of life, emotional distress, and other mental and psychological effects directly caused by the accident.

Further, in cases that result in wrongful death, surviving family members can pursue compensation to cover both economic and non-economic losses, from funeral expenses to loss of support.

Do Texas Damage Caps Apply to METRO & HISD?

Yes, claims against government entities in Texas (including METRO and HISD) are subject to damage caps.

According to Tex. Civ. Prac. & Rem. Code § 101.023, liability is limited to:

$250,000 per person
$500,000 per occurrence for bodily injury or death
$100,000 for each single occurrence for injury to or destruction of property

These numbers include non-economic damages, as well, and do not increase if there are catastrophic injuries or multiple victims. For example, if 10 people are injured in a bus accident, $500,000 is still the limit that will be paid out, and must be split among the victims.

This is one of the reasons identifying additional parties can be critical for recovering the full compensation you need and deserve for your damages. If, for example, you are also able to file a claim against a third party, such as a bus manufacturer or maintenance company, then you will not be limited by damage caps. Instead, you will be able to pursue the full amount of compensation you deserve.

Contact Our Houston Bus Accident Lawyer Today for a FREE Consultation

Anytime you are up against a government entity with an injury claim, it can make recovering compensation more challenging and complex. As such, it’s critical to ensure you are aware of all deadlines and regulations that could impact your case.

At Patrick Daniel Law, we’re here to help. We are staunch advocates for those injured due to someone else’s negligence. Our goal is to ensure you recover the compensation you need and deserve to help mitigate the impact of the accident on your life and well-being.

If you think you might be able to sue METRO after a bus accident in Houston, you need to contact us and schedule a FREE case evaluation. We can discuss the details of your claim and answer any questions you have about how to navigate the claims process.

Can I Sue METRO or HISD After a Houston Bus Accident?