Find a bus accident lawyer in Austin: CapMetro, school buses and your claim deadline
CapMetro is a public body created under Chapter 451 of the Texas Transportation Code, so your written notice is generally due within 6 months of the crash. Do not confuse that with the City of Austin's 45-day rule, which is for claims against the city. Most lawsuits must be filed within 2 years.
Last checked November 9, 2026 · Official sources (35)
Who actually runs the bus that hurt me in Austin?
The name on the side of the bus may not be the employer of the driver. A state-required audit says CapMetro has used outside companies since 2012 to run its passenger service, including bus, rail and paratransit. During 2020 to 2023 those companies included Keolis, MV Transportation, Herzog and MTM Transit. Ask in writing who employed your driver that day.
| Vehicle | Who to look at | Good to know |
|---|---|---|
| CapMetro bus or MetroRail | CapMetro and the company running that service. | Created by voters in 1985 as a transit authority. |
| MetroAccess or Pickup van | CapMetro and MTM Transit, named on the contract through 2029. | That contract requires at least $1,000,000 in auto liability coverage. |
| Yellow school bus | Austin ISD, which runs about 300 routes with nearly 600 buses. | Texas opens school districts to these claims only for motor vehicles. |
| Charter or tour bus | The private owner and its insurer. | Federal rules can require up to $5,000,000 for larger buses. |
CapMetro is a big system, with more than 1 million residents in its 549-mile area and about 100,000 trips on an average weekday. The audit found collisions per 100,000 miles rose over those years. That does not prove your driver was careless.
How long do I have to file a claim after a CapMetro bus accident in Austin?
Plan on 6 months for notice. We could not find a CapMetro web page with a claim form or a shorter deadline of its own, so do not wait for one to turn up.
- Write down the route number, bus number, date, time, stop and what happened.
- Add your injuries and the care you have had so far.
- Call Risk Management at (512) 389-7538 and ask for the right mailing address. If you cannot get through, use the GO Line at 512-474-1200.
- Send your notice by a method that gives you proof of delivery, and keep a copy.
Being a child does not stop this 6-month clock. Formal notice can be excused if the agency already knew about the injury, but a driver's incident report may not be enough, so send your own. The 2-year limit for a lawsuit is separate. Time limits can work differently for minors.
Who pays for a CapMetro bus accident in Austin?
Texas lets people bring claims against government bodies when an injury comes from the operation or use of a motor vehicle. State law treats a Chapter 451 authority as a governmental unit. CapMetro says it buys commercial insurance for claims from risks that include torts.
- Local government limit: $100,000 per person and $300,000 per occurrence.
- City limit, for comparison: $250,000 per person and $500,000 per occurrence. Which limit fits a given agency can be argued over.
- No punitive damages under the Tort Claims Act.
- Your share of the blame counts. Above 50 percent, you get nothing.
Passengers have one edge. Texas courts hold carriers of people to a high standard of care. If an outside company employed the driver, your lawyer should look at its policy too.
What if a car hit the bus, or I was hurt at a stop in Austin?
If another driver caused the crash, that driver's insurer is your first stop. Texas requires only $30,000 per person, which can run out fast with several hurt riders. Austin Police reports are sold through BuyCrash.
Falling when a bus lurches or pulls away is about how the bus was driven. An assault on board is harder, because Texas courts do not waive immunity when the bus is only the setting for the injury. Still report it to CapMetro Police at 8200 Cameron Rd. or (512) 474-1200.
My child was hurt on an Austin ISD bus. What now?
See a doctor first, even for a small bump. Then ask the school in writing to save the video. Austin ISD says all its buses have digital cameras inside and stop arm cameras outside. We could not find a published Austin ISD injury claim form, so ask the district's Risk Management office where notice should go, and send it within 6 months.
What records help most in an Austin bus case?
- Onboard and stop video. Ask for it the same week.
- CapMetro records, by public information request to [email protected].
- Driver drug and alcohol tests. Federal rules require them as soon as practicable after a deadly transit crash.
What should I ask a bus accident lawyer in Austin?
- Have you sent notice to CapMetro before, and where did it go?
- Which company employed my driver, and does the government limit protect it?
Questions
Does the 45-day Austin deadline apply to CapMetro?
The 45 days comes from the City of Austin's own claim rules. CapMetro is a separate authority, so the general 6-month rule is the one to plan around.
Can I sue if a CapMetro driver hit my car?
Yes, Texas allows claims from the operation of a government vehicle, within the limits on damages. Give notice first.
Bus accident in Austin? See if you are owed money.
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See if I’m owed moneySources (35)
- CapMetro, FY2025 Annual Comprehensive Financial Report, checked 2026-11-09. “CapMetro was created in 1985, after voters in Austin and the surrounding area approved its creation in accordance with Chapter 451 of the Texas Transportation Code.”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- CapMetro, Contract 500171, checked 2026-11-09. “to the Authority’s Risk Management Department at (512) 389-7538 within two (2) days of the incident.”
- Austin ISD, Transportation Employees Appreciation Week, checked 2026-11-09. “All buses are equipped with digital cameras inside”
- CapMetro, FY 2020-2023 Quadrennial Performance Audit, checked 2026-11-09. “Since 2012, CapMetro has contracted with third party service providers to operate all passenger transportation services, including fixed-route, rail and paratransit service.”
- CapMetro, FY 2020-2023 Quadrennial Performance Audit, checked 2026-11-09. “key service providers during the audit period were Keolis, Inter-Con Security Services, MV Transportation, Herzog Contracting Corporation and MTM Transit”
- CapMetro, Contract 500171, checked 2026-11-09. “DEMAND RESPONSE PICKUP & METROACCESS SERVICES”
- CapMetro, Contract 500171, checked 2026-11-09. “with limits not less than One Million and No/100 Dollars ($1,000,000) Combined Single Limit of Liability for Bodily Injury and Property Damage.”
- Austin ISD, Transportation Employees Appreciation Week, checked 2026-11-09. “overseeing about 300 bus routes and utilizing nearly 600 buses”
- Texas Civil Practice and Remedies Code 101.051, checked 2026-11-09. “Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.”
- 49 CFR 387.33, checked 2026-11-09. “seating capacity of 16 passengers or more, including the driver $5,000,000”
- CapMetro, FY2025 Annual Comprehensive Financial Report, checked 2026-11-09. “CapMetro provides service to more than 1 million residents within a 549-mile service area that includes the cities of Austin, Manor, San Leanna, Jonestown, Lago Vista, Leander, Point Venture”
- CapMetro, FY 2020-2023 Quadrennial Performance Audit, checked 2026-11-09. “On an average weekday, CapMetro provides approximately 100,000 trips across all modes.”
- CapMetro, FY 2020-2023 Quadrennial Performance Audit, checked 2026-11-09. “CapMetro experienced increased collisions per 100,000 miles”
- CapMetro, Help and Contact, checked 2026-11-08. “Call our GO Line at 512-474-1200”
- Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”
- Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “do not apply if the governmental unit has actual notice”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- Texas Civil Practice and Remedies Code 101.021, checked 2026-11-09. “arises from the operation or use of a motor-driven vehicle or motor-driven equipment”
- Texas Transportation Code 451.052, checked 2026-11-09. “An authority is a governmental unit under Chapter 101”
- CapMetro, FY2025 Annual Comprehensive Financial Report, checked 2026-11-09. “Commercial insurance coverage is purchased for claims arising from such matters.”
- Texas Civil Practice and Remedies Code 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence”
- Texas Civil Practice and Remedies Code 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence”
- Texas Civil Practice and Remedies Code 101.024, checked 2026-11-09. “This chapter does not authorize exemplary damages.”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Speed Boat Leasing v. Elmer (Tex. 2003), checked 2026-11-09. “the high standard of care associated with common carriers”
- Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
- City of Austin, Purchase an APD online crash report, checked 2026-11-08. “Purchase online crash reports for the Austin Police Department jurisdiction with LexisNexis”
- LeLeaux v. Hamshire-Fannett ISD (Tex. 1992), checked 2026-11-09. “When an injury occurs on a school bus but does not arise out of the use or operation of the bus, and the bus is only the setting for the injury, immunity for liability is not waived.”
- CapMetro, Transit Police, checked 2026-11-08. “Non-emergency? Call (512) 474-1200, email [email protected] or visit the Austin CapMetro Police Department at 8200 Cameron Rd Ste 186A”
- Austin ISD, Transportation Employees Appreciation Week, checked 2026-11-09. “All Austin ISD buses utilize Stop Arm Cameras.”
- CapMetro, Contract 500100, Modification 6, checked 2026-11-09. “Submit a public information request directly to [email protected].”
- 49 CFR 655.44, checked 2026-11-09. “As soon as practicable following an accident involving the loss of human life, an employer shall conduct drug and alcohol tests”