When boarding a bus you expect a safe and uneventful ride. Unfortunately, accidents happen, and when they do, the consequences for a passenger are traumatic. Bus passengers often lack seatbelts, making them vulnerable to violent impacts, falls, and secondary collisions within the vehicle.
The results are terrifying, potentially leaving you with serious injuries, mounting medical bills, and a nuanced legal battle. The San Antonio personal injury lawyer at Ryan Orsatti Law understands that you put your trust in a carrier, and their negligence has left you suffering.
We empathize with the pain, fear, and uncertainty you’re experiencing. Attorney Ryan Orsatti and his dedicated team are here to guide you through this process, ensuring you understand your rights.
We relentlessly fight for full compensation. You don’t have to face powerful bus companies or governmental entities alone. When you choose us, you’ll have the privilege of dedicated and seasoned legal representation.
What to Do Immediately After a Bus Accident
Your actions immediately following a bus accident can significantly impact your health and the strength of your legal claim.
Seek Medical Attention Immediately
Even if you feel fine, or your injuries seem minor, get checked by a medical professional as soon as possible. Some serious injuries may not manifest symptoms for hours or even days. Prompt medical care creates a crucial record linking your injuries to the accident.
Report the Incident
Notify the bus driver and the bus company or transit authority about your injuries and the accident. Ask for a formal accident report. When law enforcement responds, cooperate fully and ensure an official police report is filed.
Document the Scene
If you are able and it is safe to do so, take photos and videos of:
- The accident scene, including the bus’s position and any other vehicles involved.
- Any visible damage to the bus or other property.
- Your injuries.
- Any contributing factors (e.g., debris on the road, traffic signs).
Gather Information
If you can, gather as much information as possible as quickly as possible:
- The bus number and company name.
- The bus driver’s name and badge number (if applicable).
- Contact information for any witnesses (name, phone, email).
- Contact information for other drivers involved.
- Any police report number or incident report number.
Do Not Give Recorded Statements
Do not provide a recorded statement to the bus company’s insurance adjuster or legal team without first consulting with an attorney. They are not on your side and may try to use your words against you to minimize your claim.
Keep Meticulous Records
Save all medical bills, receipts for expenses related to your injuries, lost wage statements, and any communication with the bus company or insurance providers.
Contact an Experienced Bus Accident Attorney
Due to the multifaceted nature of bus accident claims, especially those involving governmental entities or large corporations, you need seasoned legal representation immediately.
Understanding Bus Accidents and Your Rights
Bus accidents are distinct from car accidents due to the nature of the vehicles, the entities that operate them, and the specific legal duties owed to passengers. In Texas, the law provides important protections for injured bus passengers.
Common Carriers and a Heightened Duty of Care
A critical concept in bus accident cases is that of a common carrier. Under Texas law, bus companies are generally considered common carriers. This designation is crucial because common carriers owe their passengers a heightened duty of care.
Unlike the ordinary care standard applied to regular drivers, a common carrier is required to exercise the utmost care, vigilance, and diligence for the safety of its passengers. This means they must act with the degree of care that would be used by a very cautious person in the same circumstances.
The higher standard makes it easier to establish negligence in a bus accident claim, but proving it still requires skilled legal representation. Our firm has decades of combined personal injury experience and we are ready to fight for you.
Who Can Be Held Liable for Your Injuries?
Bus accidents are often more layered than car accidents because there can be multiple responsible parties. Depending on the specific circumstances of your accident, several entities could be held liable for your injuries:
- The Bus Driver: If the accident was caused by the bus driver’s negligence they can be held liable.
- The Bus Company/Operating Entity: The company or governmental agency that operates the bus can also be held responsible. Their liability might stem from:
- Negligent Hiring: Failing to properly vet or background check drivers.
- Inadequate Training: Not providing sufficient training to drivers.
- Negligent Supervision: Failing to adequately monitor driver behavior or address complaints.
- Improper Maintenance: Failing to regularly inspect, maintain, or repair the bus, leading to mechanical failures.
- Pressure to Meet Unsafe Schedules: Forcing drivers to operate for excessive hours, leading to fatigue.
- Third-Party Maintenance Contractors: If a bus company contracts out its maintenance, and a third-party mechanic’s negligence led to a mechanical failure, that contractor could be liable.
- Other Drivers: If the bus accident was caused by the negligent actions of another vehicle on the road that collided with the bus, that driver could be found responsible.
- Governmental Entities: Many public transit systems are operated by governmental entities. Suing a government entity introduces additional complexities, including specific notice requirements and potential caps on damages, as discussed below.
Identifying all potentially liable parties is crucial for maximizing your compensation, and it requires a thorough investigation, which is a hallmark of our approach.
The Unique Challenges of Suing a Governmental Entity in Texas
When the bus involved in your accident is operated by a government entity (e.g., a city-owned transit system like San Antonio’s VIA or Houston’s METRO), your case falls under the Texas Tort Claims Act.
The act provides a limited waiver of sovereign immunity that generally protects government entities from lawsuits. However, suing a government entity comes with unique and strict requirements that differ significantly from claims against private companies:
- Shortened Deadlines for Notice: Unlike the general two-year statute of limitations for most personal injury claims, you typically have a much shorter window. This is often as little as six months and sometimes even less, depending on local government rules.You will need to provide formal written notice of your intent to sue the governmental entity. Failing to provide this notice on time can completely bar your claim, regardless of its legitimacy or severity.
- Damage Caps: The Texas Tort Claims Act also imposes caps on the amount of damages you can recover from a government entity. For personal injury or wrongful death, claims against the state are generally capped at $250,000 per person and $500,000 per accident. For most local government units, the cap is $100,000 per person and $300,000 per accident. While these caps can limit recovery in catastrophic injury cases, a skilled attorney will still fight to maximize your compensation up to these limits.
These difficulties underscore the urgent need to contact an experienced accident attorney immediately after your injury, especially if a public bus was involved.
Injuries and Damages: What You Can Recover
As an injured passenger, you have the right to seek compensation for all of the damages caused by the accident.
Common Injuries from Bus Accidents
- Head and Traumatic Brain Injuries (TBI): Impacts and sudden movements can cause concussions, contusions, or severe TBIs, leading to long-term cognitive, emotional, and physical impairments.
- Spinal Cord Injuries (SCI) and Back Injuries: The force of a bus collision can cause herniated discs, fractured vertebrae, or severe spinal cord damage, potentially leading to chronic pain, paralysis, or loss of function.
- Broken Bones and Fractures: Passengers can be thrown against hard surfaces or other passengers, resulting in fractures to limbs, ribs, or facial bones.
- Internal Organ Damage & Internal Bleeding: The sheer force of impact can cause hidden internal injuries that may not be immediately apparent but can be life-threatening.
- Lacerations and Abrasions: Sharp edges or shattered glass can cause deep cuts and scrapes.
- Soft Tissue Injuries: Whiplash, muscle strains, and ligament sprains are common, even if seemingly minor, and can lead to chronic pain.
- Emotional and Psychological Trauma: The shock and horror of a bus accident can lead to PTSD, anxiety, depression, and other forms of mental anguish that require ongoing care.
Types of Damages You Can Recover
Similar to other personal injury claims, you can seek both economic and non-economic damages:
Economic Damages
Medical Expenses: All past, present, and future medical bills, including emergency care, hospital stays, surgeries, doctor visits, and many other expenses.
Lost Wages: Compensation for income lost due to time missed from work, as well as future lost earning capacity if your injuries prevent you from returning to your previous job or working at full capacity.
Property Damage: While your vehicle might not be involved, you can recover for damaged personal belongings that were on you or in your bag.
Other Out-of-Pocket Expenses: Costs for transportation to medical appointments, necessary home modifications, or assistive devices.
Non-Economic Damages
Pain and Suffering: Compensation for the physical pain, discomfort, and mental anguish you endure as a result of your injuries.
Mental Anguish: Specifically addressing severe emotional distress, anxiety, fear, and psychological trauma.
Disfigurement: If the accident resulted in permanent scarring, burns, or other visible changes to your appearance.
Impairment/Loss of Enjoyment of Life: Compensation for the diminished quality of life, inability to participate in hobbies or activities you once enjoyed, and loss of companionship for your spouse.
Punitive Damages
In cases of Gross Negligence: In rare cases where the bus driver or company exhibited extreme recklessness or malicious intent, punitive damages may be awarded to punish the at-fault party and deter similar conduct.
Why Choose Ryan Orsatti Law for Your Bus Accident Claim?
When you’re injured as a bus passenger, you’re not just up against an individual driver; you’re often challenging large corporations with extensive legal resources or powerful government agencies. You need an attorney who understands these dynamics and is ready to fight fiercely on your behalf.
- Direct Attorney Involvement & Personalized Care: “You’ll have the privilege of working directly with Attorney Ryan Orsatti himself.” Unlike firms where your case might be passed to a junior associate, Ryan is personally invested in your recovery and justice. He provides unwavering support, listens to your story, and ensures you receive the individualized attention and transparent communication you deserve.
- Experience Counts. Results Matter.: With over 7 years of experience in personal injury law, Attorney Ryan Orsatti has a proven track record of successfully navigating complex accident claims. He understands the intricacies of Texas bus accident law, including the heightened duty of care for common carriers and the strict requirements of the Texas Tort Claims Act. We don’t settle for less than you deserve.
- Relentless Advocacy & Trial Readiness: We relentlessly advocate for your best interests. If the bus company or their insurers refuse to offer a fair settlement, we are prepared to take your case to court. Our firm has the resources and determination to present a compelling case to a judge and jury, fighting for the maximum compensation you are owed.
- Accessibility & No Upfront Costs: We offer a free case evaluation so you can understand your options without financial pressure. We work on a contingency fee basis, meaning “You pay no fees unless we secure a victory for your case, making your pursuit of justice entirely risk-free.” Our team is available 24/7, and we can even help arrange transportation to doctors and assist with medical costs or deductibles by getting you into doctors without upfront expenses.
Don’t Delay, Your Rights Have Deadlines
Being injured as a passenger on a bus is a traumatic experience, and seeking justice is your right. The legal complexities and strict deadlines, particularly if a government entity is involved, mean that swift action is essential to protect your claim.
If you’ve been injured as a bus passenger in San Antonio, Austin, Dallas, Houston, or anywhere in Texas, don’t face the challenges alone. You deserve an attorney who truly cares and fights relentlessly for your rights and full compensation.
Contact Ryan Orsatti Law today at (210) 525-1200 for a free, no-obligation case evaluation. We will be by your side, providing unwavering support and guidance through every step.
Remember, you pay nothing unless we win. Se habla español. Let us start fighting for the justice you deserve.