A bus accident can transform an ordinary commute into a life-changing tragedy in seconds. One moment you’re traveling safely, and the next, you’re facing mounting medical expenses, severe injuries, and complex legal challenges. When a bus collision in Austin occurs, the devastating impact can leave injury victims dealing with overwhelming physical, emotional, and financial burdens.
A large commercial vehicle’s size and weight can result in severe injuries for all parties involved. When the bus accident results from another person or party’s negligence, victims are entitled to file bus accident claims and recover fair compensation for their injuries. Our legal team at Byrd Davis Alden & Henrichson, LLP understands the complexities of these cases and stands ready to help you pursue compensation for your losses.
Understanding Bus Accidents in Austin
Bus accidents can be devastating, resulting in severe injuries, long-term disabilities, and even fatalities. In Austin, these incidents involving city buses and transit buses can occur due to various factors, including driver error, vehicle maintenance issues, and adverse road conditions.
Most bus accidents in Austin stem from preventable causes. Distracted driving is one of the leading causes, including texting, GPS adjustments, or passenger interactions while transporting passengers. Driver fatigue poses another significant risk, particularly for operators working long shifts without adequate rest periods. Mechanical issues, such as brake failures or tire blowouts, can also lead to catastrophic accidents if buses are not properly maintained.
The consequences of bus accidents are often severe due to the vehicle’s size and weight. Passengers can suffer from a range of injuries, from minor cuts and bruises to severe injuries like broken bones, spinal cord injuries, internal injuries, and traumatic brain injuries. In the worst cases, bus accidents result in fatalities.
If you’ve been involved in a bus accident, it is essential to seek compensation from an Austin bus accident lawyer. They can help you navigate the complex legal process and ensure you receive the fair settlement you deserve.
Damages Available After an Austin Bus Accident
Bus accident injuries can result in serious injuries and expensive medical bills. After you’ve been injured in a bus accident, you are entitled to file a claim with the at-fault party’s insurance company to recover damages for your losses. In Texas, this includes both economic and non-economic damages covering the following potential losses:
- Medical expenses: past, present, and future treatment and hospital visits.
- Property damage: costs from the collision.
- Lost income: wages lost due to inability to work regularly or accept job offers.
- Pain and suffering: physical and emotional distress from injuries.
- Scarring or disfigurement: permanent physical changes affecting quality of life.
- Loss of consortium: impact on family relationships.
- Wrongful death: loss of a family member in fatal cases.
- Loss of enjoyment: reduced quality of life and activities.
- Rehabilitation: physical therapy or ongoing treatment required.
If the accident happened due to gross negligence, your Austin bus accident attorney may help you recover punitive damages. These additional damages punish extreme negligence beyond compensating specific losses.
How an Austin Bus Accident Lawyer Builds Your Case
Don’t try to navigate the aftermath of your bus accident without guidance from an Austin bus accident attorney. Our legal team will handle the complex legal matters while you concentrate on recovering. We will immediately investigate the circumstances surrounding your accident, focusing on these critical aspects of your bus accident case.
Collecting and Preserving Evidence
To prove fault, your bus accident lawyers will collect and assess any relevant information surrounding the bus collision. This includes time-sensitive evidence such as traffic camera footage, eyewitness accounts, video footage or photographs from your phone, black box data, detailed medical records, police reports, and professional testimony. Our legal team knows exactly what evidence to preserve before it disappears.
Proving Fault and Establishing Liability
Once evidence has been collected, your bus accident lawyer in Austin will determine liability and demonstrate negligence. When a bus collides with other vehicles or pedestrians, multiple parties may share responsibility. Proving negligence requires establishing four elements: duty of care, breach of that duty through reckless or negligent action, causation linking the breach to the accident, and resulting injuries and property damage.
By demonstrating negligence occurred, you establish a liable party to hold accountable. Texas follows a modified comparative negligence law, meaning you can be found partially responsible for the accident and still file a claim to recover damages. As long as you are less than 51% liable for the accident, you can still file a claim, though your compensation will be adjusted accordingly.
Filing Your Claim and Negotiating Settlement
Texas allows victims of personal injury claims to file a claim within two years of the accident. This statute of limitations may seem like a long time, but with serious injuries, it can approach quickly. The best course of action is to hire bus accident lawyers immediately so your claim can be filed on time with all proper documentation.
One of the main reasons for a small settlement offer is failure to fully demonstrate the extent of your losses. Your bus accident lawyer will handle all scheduling, communications, and negotiations with the insurance company. If a worthy settlement offer cannot be reached, our legal team is prepared to take your case to court to protect your rights.
Preventing Bus Accidents and Promoting Safety
Preventing bus accidents requires a combination of safe driving practices, regular vehicle maintenance, and adherence to traffic laws. Safety measures include wearing seatbelts, following traffic laws, staying alert to avoid distracted driving and driver fatigue, maintaining vehicles through routine checks, and reporting incidents promptly to bus companies or authorities.
By taking these safety measures, we can reduce the risk of bus accidents and ensure safer transportation. However, if an accident does occur, it is crucial to seek legal representation from a bus accident lawyer. They can help you navigate the complex legal process and ensure you receive the compensation you deserve.
Contact Byrd Davis Alden & Henrichson, LLP
In the aftermath of a bus accident in Texas, seeking guidance from a dedicated Austin personal injury attorney can help you begin the path toward recovery and fair compensation. With over 65 years of experience, our attorneys at Byrd Davis Alden & Henrichson, LLP provide dedicated support for bus accident victims.
We stand by your side throughout the entire process, from initial consultation to final settlement agreement. We’ve helped numerous victims secure fair compensation necessary to rebuild their lives. Contact us through our contact form to schedule your consultation and begin pursuing the justice you deserve.
What Compensation Can Bus Accident Victims Receive?
In Texas, victims of motor vehicle accidents involving buses may recover two main types of compensation: compensatory and punitive damages. Compensatory damages include costs like medical expenses, lost wages, and non-economic impacts such as pain and suffering. Punitive damages punish the responsible party and are generally only awarded in cases involving extreme negligence or willful misconduct.
Can I Receive Compensation if I Share Blame for a Bus Accident?
Texas law follows a “modified comparative fault” system. This means if you are found to be more than 50% responsible for the car accident, you may not be eligible to recover damages. However, if you are 50% or less at fault, you can still receive fair compensation, but the amount will be reduced by your percentage of fault.
What Are Common Causes of Bus Accidents in Austin?
Many bus crashes in Austin occur due to driver errors such as distracted driving, fatigue, or impairment. Other contributing factors include insufficient driver training, mechanical issues, and violations of commercial driver’s license requirements. Additionally, factors like poor road conditions, lack of proper bus maintenance, and defective parts can also lead to accidents.
How Do I Establish Negligence After a Bus Accident?
To prove negligence, you need to demonstrate the bus driver or operator had a duty of care, breached that duty, and that the breach caused your injuries. Evidence like police reports, witness statements, and medical records can help establish negligence. Our legal team can gather this critical evidence to build your strongest case.
How Long Do I Have to File a Lawsuit After a Bus Accident?
In Texas, the standard deadline for filing a personal injury claim after a bus accident is two years from the accident date.
If your case involves transit buses or city buses, you must provide proper notice within 180 days (six months). Some municipalities may require even shorter notice periods, such as 45 days. Our Austin office can ensure all deadlines are met.
Who Should I Contact First After a Bus Accident?
It’s essential to contact a bus accident attorney as soon as possible after the incident. A lawyer can help you understand your rights, gather necessary evidence, and guide you through the claims process to pursue compensation effectively.
How Long Does a Bus Accident Case Take to Resolve?
The timeline for resolving your Austin bus accident case can vary greatly. Cases involving school buses may have additional complexities and timelines due to public entity involvement. While some cases may settle in a few months, others can take several years, especially if the case goes to trial. Our legal team works diligently to resolve your case as quickly as possible while maximizing your recovery.