The streets of San Antonio stay busy throughout the day. You might see VIA Metropolitan Transit buses moving through downtown or school buses navigating neighborhoods near Loop 1604 and I-10. While these vehicles provide a vital service, their size and weight make them dangerous in a collision.
A bus accident is not just a larger version of a standard car crash. These incidents involve complex state laws, multiple layers of insurance, and often, government entities. If you were a passenger, a pedestrian, or another driver involved in a bus accident in Texas, knowing the specific steps to take after a crash can help you manage the aftermath.
My goal is to provide clear, honest guidance on navigating the legal requirements that follow these traumatic events. I want to help you understand your options and the timelines you must follow to preserve your ability to seek a recovery.
Prioritize Immediate Safety and Medical Care
Your first priority after any collision is the health and safety of everyone involved. Texas Transportation Code § 550.023 requires drivers involved in an accident resulting in injury or death to provide reasonable assistance, including making arrangements for medical transport.
Even if you feel fine immediately after the impact, you should see a healthcare professional. Adrenaline can mask pain from internal injuries, concussions, or soft tissue damage. From a legal perspective, having a medical record created shortly after the crash links your injuries directly to the accident. If you wait days or weeks to seek care, insurance companies may argue that your injuries happened elsewhere.
Contact Local Law Enforcement
You should call 911 so that the San Antonio Police Department or the Bexar County Sheriff can respond to the scene. A formal police report is a vital piece of evidence. Under Texas law, an officer must file a written report for any accident that results in injury, death, or property damage exceeding $1,000.
The responding police officer will document the position of the vehicles, the weather conditions, and any citations issued. These reports often provide an objective baseline for what occurred before memories begin to fade or stories change.
Collect Information at the Scene
If you are physically able, gathering your own evidence can be helpful. Bus accidents often involve many witnesses.
I suggest taking the following steps while still at the scene:
- Capture photos of the bus, including its fleet number and license plate
- Photograph the surrounding area, including skid marks, traffic signals, and any debris
- Get the names and phone numbers of other passengers and bystanders
- Note the name of the bus company or the government agency operating the vehicle
- Record the exact time and location of the crash
Because buses often carry many people, there are often several different accounts of what happened. Having contact information for neutral third parties who saw the crash can be very useful later.
Identify the Type of Bus Involved
The identity of the bus owner changes how the legal process works in Texas. A private charter bus owned by a commercial company follows different rules from a public transit bus. In San Antonio, many buses are operated by VIA Metropolitan Transit, a government agency.
If the bus is owned by a city, county, or state agency, the Texas Tort Claims Act applies. This law sets specific limits on how much a person can recover and establishes strict procedural rules that do not apply to private companies.
Understand the Strict Deadlines for Government Claims
Most personal injury cases in Texas have a two-year statute of limitations. But this timeline is much shorter if a government vehicle caused your injuries.
The Texas Tort Claims Act generally allows six months to provide formal notice of a claim. Even so, the law allows cities to set even shorter deadlines in their own charters. For example, the City of San Antonio Charter requires written notice of a claim within 90 days of the incident.
If you miss this notice deadline, you may lose your right to pursue a case forever. This is why I encourage people to look into their legal options as soon as they are medically stable.
Document Your Expenses and Recovery
I recommend keeping a detailed file of every expense related to the accident. This includes medical bills, medication receipts, and documentation of any time you had to miss work.
You may also want to keep a simple journal. Write down how your injuries affect your daily life, your ability to care for your family, and your physical comfort levels. These details help illustrate the human impact of the crash beyond just the dollar amounts on a hospital bill.
Navigate the Rule of Proportionate Responsibility
Texas follows a legal standard called proportionate responsibility. Under Texas Civil Practice and Remedies Code Chapter 33, a claimant can recover damages as long as their percentage of responsibility is not greater than 50 percent.
If a jury finds that you were 20 percent responsible for the accident, your total recovery would be reduced by 20 percent. But if you are found to be 51 percent or more at fault, the law prevents you from recovering anything from the other parties. I work to ensure that responsibility is assigned accurately so that my clients are not unfairly blamed for actions they did not take.
Deal With Insurance Adjusters Carefully
Soon after the accident, you might receive a call from an insurance adjuster representing the bus company or the government. They may seem helpful and offer a quick settlement.
You should be cautious during these conversations. The adjuster’s goal is to resolve the claim for the lowest amount possible. Once you sign a release and accept a settlement, you cannot go back and ask for more money if you discover you need additional surgery or therapy later. It is vital to understand the full scope of your medical needs before signing any documents.
Why Legal Guidance Matters in Texas Bus Accident Cases
Bus accidents often involve federal regulations, state laws, and complex corporate structures. There may be issues regarding driver fatigue, improper maintenance, or negligent hiring practices. Investigating these factors requires specific knowledge of how the transportation industry operates.
I am here to help you navigate these hurdles with honesty and integrity. I handle the communication with insurance companies and government agencies so you can focus on your health. My priority is to provide you with the information you need to make the best decisions for your future.
If you or a loved one were injured in a bus crash, you do not have to face the legal process alone. I offer free case evaluations to discuss the facts of your case and explain how Texas law applies. You can reach Bergmann Law Firm, PLLC at 210-759-4336 to schedule a time to talk. I will listen to your story and provide a straightforward assessment of your options.
