What Is the Common Carrier Standard in Bus Accidents?

You boarded a city bus in downtown Austin, heading to work along Congress Avenue, when the driver braked hard and threw you into the seat ahead of you. Now, you are dealing with a hospital bill and a bus company that’s acting like the crash was routine.

What they don’t want you to know is that the company operating the bus is held to a much higher legal standard than any other driver on the road.

What Is a Common Carrier in Texas?

A common carrier is any business that transports passengers or goods for hire and serves the general public. City buses, charter buses, intercity coaches, and paratransit vans all fall under this definition.

The common carrier label is important. Once a business qualifies as a common carrier, Texas law demands higher standards than an ordinary driver.

The Texas Transportation Code Chapter 5 provides the legal framework for these duties and responsibilities. Understanding common carrier liability in Texas begins by knowing which operators are covered by these rules.

For example, school buses operated by public school districts are in a separate legal category than bus operators that carry paying members of the general public. However, rideshare companies and taxis also qualify as common carriers under Texas law.

The Duty of Care That Bus Companies Owe Passengers

Under Texas law, common carriers owe passengers the highest level of care. In comparison, a regular driver owes a duty of reasonable care.

Here’s the difference:

• A duty of reasonable care means acting as a reasonably careful person would in the same situation.
• The highest level of care requires acting as a very careful, responsible, and skilled driver who takes every reasonable precaution to protect others from harm.

In 2020, the Texas Supreme Court reaffirmed this higher standard in VIA Metropolitan Transit v. Meck. This ruling confirmed that the standard applies to both private and government-operated bus systems.

This higher standard makes a big difference. Even a small mistake that might not prove fault in a typical car accident claim can prove fault in a bus accident case.

Additionally, a bus company cannot avoid this liability by hiring another contractor to operate the vehicle. It is still responsible if a passenger gets hurt.

The highest level of care applies from the moment you board the bus until you safely step off the bus.

Government vs. Private Bus Operators

Not every bus operator follows the same rules. Private bus companies and government transit authorities have different liability rules, notice deadlines, and damages caps. These differences can determine the outcome of your entire claim.

Private Bus Companies

Private operators (such as charter companies and intercity carriers) do not have legal protections. You can file a lawsuit against them directly without giving written notice first.

Your filing deadline is the same as any other personal injury lawsuit, which means you have two years after the date of the crash to file a claim, under Texas Civil Practice and Remedies Code (CPRC) § 16.003.

Federal law also requires interstate buses carrying 16 or more passengers to carry at least $5 million in liability coverage under 49 CFR Part 387.

Government-Operated Bus Companies

Public transit authorities (like city or regional bus systems) operate under a special legal protection called sovereign immunity, which limits your recovery and forces you to follow specific steps before filing a lawsuit.

The Texas Tort Claims Act, found in Chapter 101 of the CPRC, allows lawsuits to be filed against government entities, but only in specific situations, and it limits the amount of damages that can be recovered against government entities.

The most important deadline to remember is that you must give written notice to the government entity within six months of the crash. If you miss that deadline, then you can lose your right to file a lawsuit. Read more about the Texas Tort Claims Act limits on bus accidents.

Sovereign immunity does not lower the standard of care. VIA Metropolitan Transit v. Meck confirmed that government transit systems still owe passengers the same high standard of care as private carriers. This standard allows some injured riders to sue a public transportation agency.

How the Standard Affects a Bus Accident Claim

A bus company owes the highest standard of care to its passengers, which can affect settlement negotiations. The defense counsel knows that the carrier’s fault will be determined based on a higher legal standard of care, which can give you more leverage when negotiating a settlement.

The higher standard of care also makes it so you do not have to prove that the driver acted recklessly. Ordinary lapses in attention, poor driver training, or failing to properly maintain the bus may be enough to show that the company was legally responsible for the crash.

Federal rules create specific standards that bus companies must follow. Under 49 CFR Part 391, commercial bus operators must meet minimum driver qualification requirements, and a violation of these requirements can serve as proof of negligence.

Evidence in a Bus Accident Claim

Certain records determine proof of liability in bus accident claims. The following documents can help determine whether the carrier met its duty of care:

• Driver logs: Hours-of-service records reveal driver fatigue or scheduling violations.
• Maintenance records: These show whether the carrier ignored needed repairs or skipped inspections.
• Hiring and training files: These document whether the driver was qualified and properly trained.
• Onboard camera footage: Video footage can capture the moments before and during the crash.
• Pre-trip inspection reports: These confirm whether the driver checked the bus before starting the route.

The 51% Bar Rule

Fault can still be shared across multiple parties in an accident. Texas uses proportionate responsibility rules under Chapter 33 of the CPRC, which means a passenger who was partially at fault can still recover compensation, as long as their share of fault is not greater than 50%.

The facts of your specific accident will determine how the common carrier standard applies to your specific situation. An attorney who handles bus accident liability questions in Texas can evaluate your case.

Work with an Attorney on Your Bus Accident in Texas

A bus accident claim requires you to prove that the company failed to meet its higher standard of care, which means you’ll need fast access to records controlled by the carrier. Angel Reyes & Associates has spent over 30 years helping injured Texans hold negligent bus companies accountable, with more than $1 billion recovered for clients.

We offer free initial consultations, and you pay no fee unless we win. Our team serves the entire state of Texas from more than 20 office locations, we are available 24/7, and we can handle the majority of your case remotely.

You can review what our clients say about working with us or learn more about the attorneys who handle your case. When you are ready, reach out to us for a free consultation.

Past results do not guarantee future outcomes.