Being in a bus accident is a harrowing experience no matter the outcome or your involvement. When you step onto public transport or put your child on the bus to school, the last thing you expect is a crash – but unfortunately, accidents happen more often than you think. Calculating the average settlement for a bus accident in Texas is complicated, as there are many variables at play. Things like the severity of the accident, any injuries sustained and the bus company’s insurance policy can all factor into your compensation.
This article will talk you through how the average settlement for a bus accident is calculated, including all the things that can influence that final figure. We also provide advice on how to secure the maximum compensation possible if you have been the victim of a bus accident in Texas.
Settlement for a city bus accident
Determining the average settlement for a city bus accident in Texas is challenging, as settlement amounts can vary significantly depending on numerous factors. These factors include the severity of injuries, the extent of property damage, the liability of the parties involved, the strength of the evidence and the skill of the legal representation, among others. Settlements for bus accidents may range from a few thousand dollars to several million dollars, depending on the circumstances.
City bus accident settlements can range from the low thousands up to six figures in some circumstances. The lawyers at Reyes Browne recovered a $4,163,597.50 bus accident settlement. This recovery was for an elderly bus accident victim who suffered critical injuries.
Settlement for a school bus accident
Determining the average settlement for a school bus accident in Texas is also challenging due to the various factors involved. Settlement amounts can vary significantly based on factors such as the severity of injuries, the extent of property damage, the liability of the parties involved, the age of the victims, the long-term impact on the victims’ lives and other specific circumstances of the accident.
School bus accidents typically involve children, which can increase the complexity and potential damages of the case. Settlements for school bus accidents may involve compensation for medical expenses, pain and suffering, emotional distress, future medical needs, rehabilitation costs and other related damages.
School bus accidents in Texas can garner widely varying settlements depending on the individual circumstances of the situation. Settlements can start as low as a couple of thousand dollars and peak in the six-figure range.
How bus accident compensation is calculated
Compensation for a bus accident is typically calculated by considering various factors related to the damages suffered by the injured party. The specific method and factors used to calculate compensation can vary based on jurisdiction, the nature of the accident, and the applicable laws. However, the following elements are generally taken into account:
Medical expenses: Compensation may cover past, present, and anticipated future medical expenses related to the bus accident. This includes hospital bills, surgery costs, medication expenses, rehabilitation costs, and any necessary ongoing medical treatment.
Lost wages: If the injured party is unable to work due to the accident, they may be entitled to compensation for lost wages. This can include both the income lost during recovery and any future income that may be affected due to long-term injuries or disabilities.
Property damage: If personal property was damaged in the accident, such as a vehicle or personal belongings, compensation may be provided to cover the repair or replacement costs.
Pain and suffering: Compensation may be awarded for physical pain, emotional distress, and the overall reduction in quality of life experienced as a result of the accident and resulting injuries. Calculating pain and suffering damages is often subjective and can depend on factors such as the severity of the injuries, the impact on daily life, and medical evidence.
Loss of consortium: In some cases, compensation may be awarded to a spouse or family member for the loss of companionship, support, or intimacy due to the injuries sustained by the injured party.
Punitive damages: In cases involving gross negligence or intentional misconduct by the responsible party, punitive damages may be awarded. These damages aim to punish the wrongdoer and deter similar behavior in the future.
The calculation of compensation for a bus accident can be complex, involving the assessment of various factors and the gathering of evidence. It is recommended to consult with an experienced personal injury attorney who can evaluate the specific circumstances of the accident, determine the applicable laws, and help pursue a fair compensation amount.
Common bus accident injuries
Bus accidents can result in a wide range of injuries, varying in severity depending on the specific circumstances of the accident. Some of the most common bus accident injuries include:
Whiplash and neck injuries: These are common in rear-end collisions or sudden stops, causing strain or sprain to the neck and surrounding tissues.
Head injuries: Bus passengers may suffer head injuries, including concussions, traumatic brain injuries (TBIs) or skull fractures, particularly if they are not wearing seat belts or if the bus lacks proper safety features.
Back and spinal injuries: The impact of a bus accident can lead to back injuries such as herniated discs, spinal fractures or spinal cord injuries, which may result in paralysis or other long-term disabilities.
Broken bones: Fractures in the limbs, ribs or other bones can occur due to the force of the collision or passengers being thrown within the bus.
Soft tissue injuries: Soft tissue injuries can be broadly classified as sprains, strains, bruises and contusions to muscles, tendons and ligaments. They can cause pain, swelling and limited mobility.
Internal injuries: The force of a bus accident can cause internal injuries, such as damage to internal organs, internal bleeding or organ perforation, which may require immediate medical attention.
Cuts and lacerations: Broken glass, flying debris, or sharp objects within the bus can cause cuts and lacerations, which may require stitches or other medical interventions.
It’s important to note that the severity and types of injuries can vary greatly from case to case. Each bus accident is unique, and the specific injuries sustained will depend on factors such as the nature of the collision, the speed of the vehicles involved, the use of safety equipment and the position of the passengers within the bus.
Emotional distress after a bus accident
After a bus accident, individuals involved may experience a range of emotional distress and psychological effects. The impact of a traumatic event like a bus accident can vary from person to person, but some common emotional distress that people may experience includes:
Post-Traumatic Stress Disorder (PTSD): Bus accidents can be traumatic events that can lead to PTSD. Symptoms may include flashbacks, intrusive thoughts or memories of the accident, nightmares, severe anxiety, and emotional distress triggered by reminders of the incident.
Anxiety and panic disorders: Individuals may develop anxiety disorders or panic attacks following a bus accident. They may feel persistent worry, fear, and have difficulty controlling their anxiety. Panic attacks can involve sudden and intense feelings of fear, racing heartbeat, shortness of breath, and a sense of impending doom.
Depression: The emotional aftermath of a bus accident can trigger feelings of sadness, hopelessness, and loss of interest in activities that were once enjoyable. Individuals may experience changes in appetite, sleep disturbances, lack of energy, and difficulty concentrating.
Phobias and avoidance behaviors: Some individuals may develop specific phobias or avoidance behaviors related to the accident. For example, they may become afraid of riding buses, driving, or crossing the road. This can lead to significant disruptions in daily life.
Survivor’s guilt: If the bus accident resulted in serious injuries or fatalities for others but not for the individual themselves, they may experience survivor’s guilt. They may feel guilty for having survived or question why they were spared while others were not.
Emotional instability: Emotional distress can lead to heightened emotional reactivity, mood swings, irritability, and difficulty regulating emotions. Individuals may find themselves easily overwhelmed, experience anger or frustration more readily, or have difficulty coping with everyday stressors.
It is important to note that emotional distress and psychological effects can vary widely among individuals and may manifest differently. If someone is experiencing significant emotional distress after a bus accident, it is advisable to seek professional help from a mental health provider experienced in trauma or post-accident counseling. They can provide appropriate support and therapeutic interventions to address and manage these emotional challenges.
No-fault law in Texas
Texas does not have a no-fault insurance system for motor vehicle accidents, including bus accidents. Instead, Texas follows a fault-based or tort liability system. Under this system, the party at fault for causing the accident is responsible for compensating the injured parties for their damages.
In a bus accident in Texas, the injured party can typically pursue a claim against the party or parties responsible for causing the accident. This may include the bus driver, the bus company, another driver involved in the accident, or any other party whose negligence or wrongful actions contributed to the collision.
To seek compensation, the injured party (or their legal representative) needs to establish the liability of the at-fault party. They must show that the at-fault party’s negligence or wrongful conduct directly caused the bus accident and resulting injuries. This usually requires gathering evidence, such as eyewitness testimonies, accident reports, photographs, medical records, and expert opinions if necessary.
Once liability is established, the injured party can pursue a claim or lawsuit against the at-fault party’s insurance company or directly against the responsible party if they are not adequately insured. The goal is to seek compensation for various damages, including medical expenses, lost wages, pain and suffering, property damage, and other losses resulting from the accident.
It’s important to note that Texas has a statute of limitations, which sets a time limit for filing a personal injury lawsuit. In Texas, the general statute of limitations for personal injury claims, including bus accidents, is two years from the date of the accident. Failing to file a lawsuit within this time frame can result in the loss of the right to seek compensation.
FAQs about bus accident settlements
Can I sue public transport companies?
Yes, it is possible to sue public transport companies in Texas under certain circumstances. Public transport companies, such as those operating buses or trains, are not immune from legal liability for accidents and injuries caused by their negligence or wrongful actions.
Public transport companies in Texas, including government-owned entities, are generally subject to the concept of sovereign immunity. Sovereign immunity is a legal doctrine that traditionally protected governmental entities from lawsuits. However, in Texas, there are exceptions and limitations to sovereign immunity that allow individuals to sue public entities, including public transport companies, in certain situations. These exceptions include:
Governmental Tort Liability Act (GTLA): Under the GTLA, certain types of claims can be brought against government entities, including public transport companies. However, there are specific requirements and procedures that must be followed when filing a claim against a governmental entity, such as providing notice within a certain time frame.
Waiver of Immunity: In some cases, the government may waive its immunity from lawsuits. This can occur when the government entity purchases liability insurance or when it engages in certain activities or functions that fall outside the scope of its governmental immunity.
Gross Negligence: Governmental entities may not be immune from lawsuits if they are found to have acted with gross negligence or intentional misconduct. If a public transport company's actions rise to the level of gross negligence, it may be possible to sue them for damages.
It's important to note that suing a public transport company involves navigating complex legal procedures and requirements. It is advisable to consult with a personal injury attorney experienced in handling cases against government entities to understand the specific legal options available and to properly pursue your claim. They can guide you through the process, help determine liability, and advocate on your behalf to seek fair compensation.
How do I claim compensation after a bus accident?
If you've been involved in a bus accident in Texas and wish to claim compensation, here are the general steps to follow:
Seek medical attention: Your health and well-being should be the top priority. Seek immediate medical attention for any injuries sustained in the bus accident. Document your injuries and keep records of all medical treatments and expenses related to the accident.
Report the accident: Contact the appropriate authorities to report the bus accident. This could include local law enforcement, transit authorities, or the company operating the bus. Ensure that an official accident report is filed, as it can serve as valuable evidence for your claim.
Gather evidence: Collect as much evidence as possible to support your claim. Take photographs of the accident scene, the damaged vehicles, and any visible injuries. Obtain contact information from witnesses who can provide statements about what they observed. Keep track of any relevant documents, such as medical records, accident reports and correspondence with insurance companies.
Consult with a personal injury attorney: It is highly recommended to consult with a personal injury attorney who specializes in bus accidents in Texas. They can provide guidance, evaluate the strength of your claim, and help protect your legal rights. An attorney can also handle communication with insurance companies and negotiate on your behalf.
Notify the insurance company: Contact the insurance company representing the party at fault for the bus accident. Provide them with necessary information regarding the accident, including the date, time and location, as well as your injuries and damages. Be cautious when communicating with insurance adjusters and consult with your attorney before providing any recorded statements or accepting settlement offers.
Assess damages and calculate compensation: Work with your attorney to assess the damages you have suffered as a result of the bus accident. This may include medical expenses, lost wages, pain and suffering, property damage, and other related costs. Your attorney will help you determine a fair compensation amount based on the specific circumstances of your case.
Negotiate or file a lawsuit: Your attorney will negotiate with the insurance company to reach a fair settlement. If a satisfactory settlement cannot be reached, your attorney may recommend filing a lawsuit to pursue your claim. They will guide you through the legal process, representing your interests and advocating for the compensation you deserve.
Remember, the process of claiming compensation after a bus accident can be complex, and it is important to have professional legal guidance to navigate the intricacies of the legal system. Consulting with an experienced personal injury attorney will help ensure your rights are protected and that you have the best chance of obtaining fair compensation for your injuries and damages.
What do I do if I am in a bus accident?
If you find yourself in a bus accident, it's important to take the following steps:
Ensure safety: First and foremost, prioritize your safety and the safety of others involved. If possible, move to a safe location away from traffic and potential hazards.
Call emergency services: Dial 911 to report the accident and request medical assistance if needed. Provide them with accurate information about the location and nature of the accident.
Seek medical attention: Assess yourself and others for injuries. If anyone requires immediate medical attention, inform the emergency services dispatcher. Even if you believe your injuries are minor, it's still advisable to seek medical evaluation, as some injuries may not be immediately apparent.
Gather information: Collect important information related to the accident. This includes the bus driver's name and contact information, the bus company's name and contact information, insurance details and license plate numbers of the vehicles involved. If there are witnesses, obtain their names and contact information as well.
Document the scene: Take photos or videos of the accident scene, including the positions of the vehicles, damage sustained, and any relevant details. These visual records can serve as valuable evidence during the claims process.
Consult with a personal injury attorney: If you've suffered injuries or significant damages in the bus accident, it's wise to consult with a personal injury attorney who specializes in bus accidents. They can guide you through the legal process, protect your rights, and help pursue any potential claims for compensation.
Report the accident: Inform the appropriate authorities about the accident. This could involve notifying local law enforcement, transit authorities or the bus company, depending on the circumstances. Ensure that an official accident report is filed.
Preserve evidence: Preserve any physical evidence related to the accident, such as damaged personal property or torn clothing. Also, keep records of medical reports, hospital bills, and other relevant documents for future reference.
Notify your insurance company: Contact your own insurance company to report the accident and provide them with accurate details. Cooperate with their investigation and provide necessary information, but be cautious when providing statements without consulting legal counsel.
Remember, each bus accident is unique, and the specific steps you need to take may vary depending on the circumstances. Prioritize your safety and well-being, seek proper medical attention and consult with legal professionals who can provide guidance tailored to your situation.
Getting the best settlement after a bus accident
If you’ve been the victim of a bus accident in Texas, trying to tackle the big insurance companies and legal system by yourself can be an immense challenge. Enlisting the services of a qualified bus accident lawyer from Reyes Browne is your safest bet to ensure you get the maximum compensation you deserve. Our highly experienced personal injury lawyers are extremely well-versed in the minutiae of Texas road law, especially the nuances of public transportation lawsuits. You can contact us today for a free consultation to see how we can help you on the quest for justice.
