Hurt in a bus accident: who pays and how short the deadline can be

What should I do right after a bus accident?

FMCSA counted 87 school buses, 14 intercity buses and 74 transit buses in fatal crashes in 2022. Most bus injuries are far less dramatic: a hard stop, a fall in the aisle or a door that closes on an arm. Those can still be claims.

1. Report the injury to the driver before you get off. Ask that it be written down.
2. Call 911 if anyone is hurt or if the bus was hit.
3. Write down the bus number, route, direction and exact time. Take a photo of the bus number.
4. Get names and phone numbers of other passengers. They scatter fast.
5. Get medical care the same day and tell the doctor how you fell or hit.
6. Find out who owns or runs the bus. That sets your deadline.
7. Do not sign a form or give a statement to the agency's insurer until you know your deadline.

Who pays for a bus accident?

This depends on who runs the bus. Check before you do anything else.

Federal rules set a different limit for some multi-state transit providers, so a public bus may not carry the same amounts as a charter. Some transit systems also hire private companies to run their buses. Ask who employed the driver, and file the government notice anyway to protect your claim.

How long do I have to file a claim against a city bus or school bus?

Often much less than two years. This is the most common way these claims die.

In Arizona, a claim against a public entity, public school or public employee must be filed within 180 days after the cause of action accrues. A public entity includes the state and any political subdivision. The claim must state a specific amount that would settle it and the facts behind that amount. A late claim is barred. If no one answers, the claim is treated as denied after 60 days. The lawsuit must follow within one year. A minor may file within 180 days after turning 18.

In Texas, a government is entitled to notice within six months of the incident. The notice must describe the injury, the time and place, and what happened. City charters may set their own period, so you must look up the local rule. Formal notice is not required if the government had actual notice of the injury, but do not rely on that. In Texas, being a child does not pause this notice deadline.

If you do not know who owns the bus, treat it as public until you confirm otherwise.

Do bus drivers owe passengers a higher duty of care?

It depends on the state. Many websites say every bus is a common carrier that owes the highest care. That is not the rule in Arizona.

The Arizona Supreme Court held in a Tucson bus case that common carriers owe reasonable care under all the circumstances. It ended the old highest-degree rule. A passenger must show the driver or company was careless, such as by not securing a wheelchair or by braking hard for no reason.

Texas courts still refer to the high standard of care associated with common carriers. Whether a business counts turns on the business of transportation. A city bus and a charter are typical examples, but how the standard applies to a specific bus can still be argued.

Either way, you can have a claim without a crash. Common facts include a driver pulling away before you sit, a hard stop, a broken lift or a wheelchair that was not tied down.

What evidence can I get from the bus company?

Most buses have onboard cameras, and many systems record over old video on a schedule. You should ask in writing right away.

Public agencies have public records duties. In Arizona, records are open to inspection during office hours. In Texas, public information is available during normal business hours. Some records can be withheld, especially while a claim is pending.

What if my child was hurt on a school bus?

NHTSA says less than 1 percent of traffic deaths involve children on school transportation vehicles. Children are at more risk approaching or leaving the bus. A driver who passes a stopped school bus may be responsible for those injuries.

In Texas, the school district's legal immunity is waived only when the injury arises from the operation or use of a motor vehicle. The Texas Supreme Court has held that if the bus was only the setting for the injury, immunity stays. So a child hurt in a fight on a bus may have a much harder time than a child hurt when the bus crashed. Arizona's government claim rules apply to public schools too.

How much can I get from a bus accident claim?

We know of no official average for bus cases. A claim can include medical bills, future treatment, lost pay and pain. When the bus is public, state limits can change the math.

Example only: a passenger with $180,000 in losses on a Texas local government bus may be limited to $100,000 by the cap, even if the bus is 100 percent at fault. The same claim against a private charter faces no cap of that kind.

What changes in Arizona and Texas?

What mistakes hurt a bus accident claim?

• Assuming you have two years when the bus was public
• Not naming a settlement amount in an Arizona notice of claim
• Leaving the bus without reporting your injury
• Failing to get other passengers' names
• Waiting to ask for video until after it is recorded over
• Letting the agency's adjuster record your statement

Questions