I was hurt on a METRO bus or in a school bus crash. How do claims work?

Who ran the bus decides how the claim works

A bus crash claim depends first on who operated the bus. A METRO bus or METRORail train, a public school district's bus, a bus run by a private company, and an intercity or charter line each follow different rules. The deadlines are different, the amount that can be recovered is different, and so is the paperwork. The first thing we do is pin down who operated the vehicle and who employed the driver.

METRO is a government, and the Tort Claims Act applies

METRO, the Metropolitan Transit Authority of Harris County, is the metropolitan rapid transit authority for the Houston region, created under chapter 451 of the Transportation Code. Under Transportation Code § 451.052(c), a transit authority "is a governmental unit under Chapter 101, Civil Practice and Remedies Code," and its operations "are not proprietary functions for any purpose." In plain terms, METRO can be sued for injuries only as far as the Texas Tort Claims Act allows.

The Act allows claims for injuries arising from a government employee's negligent operation or use of a motor-driven vehicle or motor-driven equipment, when the employee would be personally liable under Texas law (§ 101.021). A bus driver who runs a light, brakes hard, pulls away while a passenger is still standing, or hits another car is operating a vehicle. METRO's buses and its Red, Green and Purple rail lines are run by METRO, so those claims go to METRO.

In 2020 the Texas Supreme Court held that a metropolitan transit authority running buses is a common carrier that owes its passengers a high degree of care, and that the Tort Claims Act waives immunity for negligence measured by that standard (VIA Metropolitan Transit v. Meck). That is a higher duty than an ordinary driver owes.

How long do I have to give notice?

A governmental unit is entitled to written notice of the claim no later than six months after the incident, describing the injury, the time and place, and what happened (§ 101.101). There is a narrow exception when the government already had actual notice of the injury, but it is risky to rely on. METRO has its own Notice of Claim form and a Claims Division. We complete and send the notice long before the deadline, and we handle every communication with METRO after that.

The six months is only for the notice. The lawsuit itself is still governed by the two-year statute of limitations (§ 16.003). If a City of Houston vehicle was involved instead, the City requires sworn notice within 90 days, which is much shorter.

How much can be recovered from METRO or a school district?

The Tort Claims Act caps damages. For the state and for cities, the cap is $250,000 per person and $500,000 per occurrence. For other units of local government, it is $100,000 per person and $300,000 per occurrence for bodily injury, plus $100,000 for property damage (§ 101.023). Transit authorities and school districts are not cities, so the lower cap generally applies to them. When a bus crash injures many people, the per-occurrence limit is shared.

That is why we look beyond the government. If another driver caused or contributed to the crash, that driver's claim has no government cap. Your own uninsured/underinsured motorist and personal injury protection coverage may also apply (Insurance Code §§ 1952.101, 1952.151). Texas law also forces an early choice between suing the government and suing its employee: filing against one can bar the claim against the other (§ 101.106). We make that choice carefully.

What about a school bus crash?

A school district is a governmental unit under the Tort Claims Act (§ 101.001(3)(B)), so the same motor-vehicle waiver, six-month notice and cap apply. Texas gives school employees, including certified bus drivers, personal immunity for many discretionary acts, but that immunity "does not apply to the operation, use, or maintenance of any motor vehicle" (Education Code § 22.0511(b)). If a bus was operated by a private company rather than the district, the government rules don't protect that company and it is an ordinary claim.

Many school bus injuries happen outside the bus. Texas drivers must stop for a school bus that is stopped with its signals operating, from either direction, unless they are on a separate roadway (Transportation Code § 545.066). A driver who passes a stopped bus and hits a child faces a fine of $500 to $1,250, and the injury claim against that driver is not limited by any government cap.

Charter buses, tour buses and intercity lines

Private bus companies are not governments: no Tort Claims Act cap, no six-month notice, and the two-year statute of limitations applies. They are common carriers, and passengers are owed a high degree of care. Interstate passenger carriers are regulated by federal safety rules (a vehicle carrying more than eight passengers for pay is a commercial motor vehicle, 49 U.S.C. § 31132), and a for-hire carrier with a bus seating 16 or more must carry at least $5 million in liability coverage, or $1.5 million for 15 seats or fewer (49 CFR § 387.33T).

Were you a passenger, another driver, or on foot?

Passengers are owed the high degree of care, and usually have the clearest claim, see passenger injury claims. Drivers hit by a bus and pedestrians at a stop or crosswalk are owed ordinary care; see hit as a pedestrian. Either way, the government deadlines are the same.

What you can do now

Get medical care and keep your records. Write down the bus or route number, the time, and where you were sitting or standing, and keep your fare card or receipt. METRO has its own police department, and if an officer came, keep the case number. Bus cameras and vehicle data may be kept only for a limited time, so we request them early. We never ask about immigration status to help you, and your right to compensation does not depend on it. You talk with Jimmy directly, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

Can I sue METRO?

Yes, within the limits of the Texas Tort Claims Act. METRO is a governmental unit (Transp. Code § 451.052(c)), and the Act allows claims for injuries caused by an employee's negligent operation of a vehicle (CPRC § 101.021).

What is the deadline for a claim against METRO?

Written notice must reach METRO no later than six months after the incident (CPRC § 101.101). The lawsuit deadline is two years. We send the notice early.

How much can METRO or a school district pay?

For local governments other than cities, the cap is $100,000 per person and $300,000 per occurrence for bodily injury (CPRC § 101.023(b)). Claims against another at-fault driver are not capped.

I fell when the bus driver slammed on the brakes. Do I have a claim?

Possibly. A transit authority is a common carrier that owes passengers a high degree of care, and an injury from how the driver operated the bus falls within the Tort Claims Act's vehicle waiver.

Can I sue the school bus driver personally?

School employees' personal immunity does not cover operating a motor vehicle (Education Code § 22.0511(b)), but the Tort Claims Act forces a choice between suing the district and the employee (§ 101.106). We decide that with you.

Is a Greyhound-type or charter bus claim different?

Yes. Private bus companies have no government cap or six-month notice. Interstate carriers with 16 or more seats must carry at least $5 million in coverage (49 CFR § 387.33T).

A car passed the stopped school bus and hit my child. Who is responsible?

The driver who passed. Texas requires drivers to stop for a school bus with its signals operating (Transp. Code § 545.066), and that claim is not limited by a government cap.

Authority: Tex. Transp. Code ch. 451 (§ 451.052, transit authorities) · Tex. Civ. Prac. & Rem. Code ch. 101 (Tort Claims Act) · Tex. Civ. Prac. & Rem. Code § 101.023 (caps) · VIA Metropolitan Transit v. Meck (Tex. 2020) · Tex. Educ. Code § 22.0511 · Tex. Transp. Code § 545.066 (passing a school bus) · 49 CFR § 387.33T (passenger carrier insurance) · METRO: Contact us and Notice of Claim