Filing a Claim After a VIA Bus Accident in San Antonio

You were riding the VIA bus down Fredericksburg Road near the Medical Center when the driver braked hard and threw you into the seat ahead of you. Now, your back hurts, the bills are starting to roll in, and you are not sure who you are even supposed to call to file a claim.

Filing a claim against a public bus is not like filing one against another driver. The deadlines are different, and so is the process.

VIA’s Legal Status as a Government Entity

VIA Metropolitan Transit is a government entity, not a department of the City of San Antonio. This changes everything about how your claim works.

VIA is its own public, political body under the Texas Transportation Code Chapter 451. The law set it up as a metropolitan rapid transit authority, separate from the city.

VIA is a government entity, so there are special rules to follow when filing your claim. The Texas Civil Practice and Remedies Code (CPRC) § 101.101 and the rest of the Texas Tort Claims Act applies, which adds extra rules that private bus companies don’t require you to follow.

VIA has its own claims process, with no connection to the City of San Antonio’s Risk Management office. Instead, you must file your claim with VIA directly. Our statewide bus accident claim guide covers every bus type and operator. An attorney who handles these types of claims can help you file your claim against the correct agency before the notice deadline closes.

Notice Deadlines for VIA Injury Claims

You have six months to notify VIA of your claim in writing. This is the confirmed deadline under state law, and it is shorter than most people expect. CPRC § 101.101 requires written notice to any government unit within six months of the crash. This includes VIA claims.

Here is where it gets tricky. Some practitioners apply the San Antonio City Charter’s 90-day notice rule to VIA claims, but according to Transportation Code Chapter 451, VIA is an independent political body, not a city department. This means it is still legally unsettled whether the 90-day charter deadline applies to VIA claims.

Fortunately, you do not have to resolve that question to protect yourself. Act as if the shorter 90-day window applies because waiting past 90 days is risky, no matter which deadline ultimately applies. Send a written notice to VIA as soon as you have started medical care.

There is one narrow exception to the written notice rule. Under § 101.101(c), if VIA already has actual notice of your claim during the notice period, the written notice requirement may not be required. However, you shouldn’t depend on this. Send formal written notice anyway.

There is also a separate deadline for filing a lawsuit. Once the notice process is done, the two-year deadline for personal injury lawsuits under Texas Civil Practice and Remedies Code § 16.003 applies. A VIA transit crash lawsuit filed after the two-year window is almost always dismissed.

Steps to File a VIA Metropolitan Transit Claim

Your first job is to document everything and report the injury to VIA directly, not the city. Follow the steps below immediately after the crash:

Step 1: Document the incident at the scene. Note the bus number, the route, and the driver’s name and/or badge number, along with the date, time, and location of the crash. Photograph your injuries and any visible scene conditions, and collect contact information of as many witnesses as possible.

Step 2: Get a medical evaluation promptly. See a doctor even if your injuries seem minor. Your medical records link the incident to your injury and become required evidence for your claim later.

Step 3: Report the incident to VIA directly. You can report an incident or contact customer service through VIA’s official contact page. Report your injuries directly to VIA, not the City of San Antonio.

Step 4: Provide formal written notice before the deadline. State the date, time, location, and circumstances of the crash, plus the nature of your injuries. This notice is a formal legal document, so keep a copy and proof of delivery for your own records.

After you submit a notice, a VIA claims adjuster will review it and respond. If VIA denies the claim or does not respond during the review period, you can sue the government entity in Bexar County. A personal injury attorney who has handled government claims can prepare and deliver the written notice for you and make sure it meets every requirement.

Types of Damages for VIA Claims

You can recover financial and personal losses from a VIA injury, but state law limits the total amount of damages you can receive. The Texas Tort Claims Act sets hard limits on what any government entity can pay you.

The types of damages you can recover include economic and non-economic damages.

Economic Damages

Economic damages cover your calculable, out-of-pocket losses, such as medical expenses, lost wages, future medical care, and other measurable financial harm. These losses form the core of most VIA accident claims. The Tort Claims Act limits apply to past and future medical bills, lost income and earning capacity, and direct out-of-pocket costs.

Non-Economic Damages

You can also recover non-economic damages from VIA under the same limits, including pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life.

Can I Recover Punitive Damages?

You cannot collect punitive damages from a government entity. Your compensation is limited to your actual losses within the legal limits. Our breakdown of Tort Claims Act limits on bus cases explains this in more detail.

Recovery Limits on VIA Claims

State law has low limits for how much you can recover from government agencies. Texas Civil Practice and Remedies Code § 101.023 limits recovery from government entities for bodily injury or death.

The actual limit depends on how a court classifies VIA:

• $100,000 per person and $300,000 per crash if VIA is treated as a unit of local government
• $250,000 per person and $500,000 per crash if VIA is treated as a municipality

An attorney can advise you on which set of limits is likely to apply to your claim.

If you’re wondering what these claims tend to be worth, our overview of bus accident settlement ranges in Texas provides useful context, and our bus accident injury page explains how these cases typically develop.

Work with an Attorney on Your Bus Accident in San Antonio

Angel Reyes & Associates has more than 30 years of experience representing injured riders in San Antonio and across Texas, including claims against government entities like VIA. We offer free consultations, and we work on contingency, so you pay no fee unless we win.

We have recovered more than $1 billion for clients. See our case results and reach out to us for a free consultation to review your VIA accident claim before any deadlines can pass you by.

Past results do not guarantee future outcomes.