When an accident happens that involves a school bus, pursuing compensation is a little more complicated than suing any other driver. There are several legal factors that need to be considered, such as governmental immunity, strict deadline notices, and even caps on the damages that you may receive.
In this guide, you will learn more about how it works when you are suing a school district in Texas, and why legal support is critical to optimize the outcome of your claim.
Can You Even Sue a School District? What You Need to Know About Governmental Immunity
While many government organizations are immune from lawsuits, there are certain situations that might make it possible to pursue a claim. According to the Texas Tort Claims Act, there is a narrow waiver of the shield that is usually in place for a school district.
For example, there is a motor vehicle exception, which is the reason why bus accidents may qualify for that waiver. This type of injury is one of the few exceptions. Other common issues, ranging from playground injuries to policy decisions, are not allowed due to governmental immunity.
The Damages Cap: How $100,000 / $300,000 Applies to These Claims
There is a Texas Tort Claims Act damages cap that may limit the amount of money that is paid for a claim. For example, the limit is $100,000 per person or $300,000 per occurrence, which can affect the math in a big way when there are multiple victims in the bus accident. The per-occurrence cap applies to everyone who was injured in the accident (not each child individually). As a result, the division of the per-occurrence cap is often one of the most important parts of the case when multiple families are involved.
Keep in mind that there can be no punitive damages against the district, which means that recovery is limited to actual damages within this statutory cap. No matter how egregious the conduct was that caused the accident, it’s not possible to pursue punitive damages as part of the claim.
There is one potential exception to this cap, though, and that applies if a private operator was involved in the accident. For example, if it was a private school bus or transportation through a charter or field-trip vendor, then it’s possible that full damages might be available through a lawsuit against the private operator (which is outside of the school district).
The Six-Month Notice Deadline (Don’t Miss This)
Another thing that you need to know about suing a school district in Texas is that the normal statute of limitations rules don’t apply. The window of time to file is much shorter, so you shouldn’t delay this process for any reason.
Consult with a school bus accident lawyer in Texas to ensure that you don’t miss the deadlines. For example, the district must receive a formal written notice within six months of the accident. This notice needs to include specific information about both the incident and the resulting injuries.
If you miss this deadline, then it means that the case will end before you can even begin the process. In other cases, the statute of limitations is two years, so some victims mistakenly assume that they have more time to file. But there is a much shorter timeline when government departments (like a school district) are involved.
What to Do Immediately After a School Bus Accident
There’s no question that medical evaluations, diagnoses, and treatments are always the highest priorities after any type of accident. If your child has been injured on a school bus, then it’s important to seek medical care right away, especially because you need the medical records to help with documentation for the case.
Every detail of the accident should be documented thoroughly. The stronger the evidence, the easier it is to prove that the injuries were the result of the accident and determine who is liable for the accident.
Additionally, families should always contact an attorney right away. Don’t wait for the six-month deadline to approach. Instead, you need a legal team that can start collecting evidence before it disappears. There is a short window of time to ensure that you have a strong case and solid evidence. An experienced lawyer will also help you file the formal notice before the deadline passes.
FAQs
Can I sue a school district in Texas if a school bus injured my child?
Yes, a lawsuit is possible because of the Texas Tort Claims Act’s motor vehicle exception. Keep in mind that there are restrictions, such as a six-month deadline, and damages are capped on an individual and incident basis.
How much can I actually recover if the district is at fault?
Under the Texas Tort Claims Act, these damages are generally capped at $100,000 per person and $300,000 per occurrence (when multiple people are involved).
What happens if I miss the six-month notice deadline?
If you miss the six-month deadline to file a formal notice, then it can end your case. Even though the general statute of limitations in the state of Texas is two years, the filing deadline is much shorter when government departments are involved.
Can you sue a school bus driver in Texas?
Because of legal protections that are in place, there is not an option to sue the school bus driver directly when they are employed by the school district. State law protects individual employees from personal liability, which is why the school district will be named in the lawsuit.
Does the cap apply if the bus was operated by a private or charter company?
The damages cap is different if a private or charter bus operator was involved in the accident. These private companies don’t fall within the Texas Tort Claims Act, which means that the cap doesn’t apply. As a result, there is a possibility of a higher financial recovery with these types of cases (compared to the limitations with a district-operated bus).
Injured in a School Bus Accident? Call an Attorney Right Away
It can be surprising how quickly six months goes by, especially when you are dealing with doctor’s appointments and treatments during your child’s recovery after an accident. Make sure to call an experienced accident attorney right away for legal support. The Green Law Firm is just a phone call away and ready to help. Contact us for a free, no-obligation consultation to learn more about how these legal services work: (956) 542-7000.
