Texas Public Transit Bus Accident Claims: DART, METRO, VIA and CapMetro

Beverly Law. Updated November 2026.

Who runs the bus sets the rules

The large Texas transit systems, including DART in Dallas, METRO in Houston, VIA in San Antonio and CapMetro in Austin, are transit authorities. DART operates under Transportation Code chapter 452 (regional transportation authorities). METRO, VIA and CapMetro operate under chapter 451 (metropolitan rapid transit authorities). Both chapters say an authority is a governmental unit under the Texas Tort Claims Act and that its operations are governmental, never proprietary, functions (§ 451.052(c); § 452.052(c)).

That label means the authority is immune from suit except where the Tort Claims Act waives immunity, and the Act’s notice rule and damage caps apply.

Many routes are run by private contractors under the authority’s name. For a chapter 452 authority such as DART, § 452.056(d) says a contractor performing an authority function is liable only to the extent the authority itself would be. Check the police report and confirm who employed the driver.

When the Tort Claims Act allows a claim

Under § 101.021(1), a governmental unit is liable for property damage, personal injury and death caused by an employee’s negligence on the job when the harm arises from the operation or use of a motor-driven vehicle and the employee would be personally liable under Texas law. A bus operator who runs a red light or pulls away while a rider is still stepping off fits this rule.

The bus has to do more than provide the place where you got hurt. Texas courts require a real connection between the injury and the way the vehicle was driven or used.

Section 101.021(2) adds a separate waiver for injuries caused by a condition or use of tangible personal or real property, which can come up with a broken wheelchair lift or ramp. The Act does not cover claims arising out of assault, battery or other intentional torts (§ 101.057), so an attack by a driver or another rider usually falls outside it.

How much you can recover: the damage caps

Section 101.023 limits what a governmental unit pays. The section was last amended in 1997.

The Act does not define “unit of local government,” and chapters 451 and 452 set no separate dollar cap. A transit authority is not “state government,” which the Act limits to agencies with statewide jurisdiction (§ 101.001(6)), and it is not a city. In Fort Worth Transportation Authority v. Rodriguez, 547 S.W.3d 830 (Tex. 2018), the Texas Supreme Court applied the $100,000 per-person cap to a chapter 452 authority and its bus contractors combined. In The Gulf Coast Center v. Curry, No. 20-0856 (Tex. Dec. 30, 2022), it held that a court cannot award more than $100,000 per person unless the plaintiff shows a higher cap applies. So the § 101.023(b) cap is generally the limit on a claim against DART, METRO, VIA or CapMetro. When one crash injures many riders, they may have to share the $300,000 per-occurrence amount.

The Act does not allow exemplary (punitive) damages against the unit (§ 101.024). The caps protect the authority only. Another motorist who caused the crash or the maker of a defective part gets no government cap, so look at their insurance too.

Notice and filing deadlines

A governmental unit is entitled to notice of a claim within six months after the incident (§ 101.101(a)). The notice must reasonably describe the injury or damage, the time and place, and what happened. Send it in writing and keep proof of delivery.

Formal notice is excused when the unit has actual notice of the death, the injury or the property damage (§ 101.101(c)). Do not count on that exception. A driver’s incident report may not show that the authority knew you in particular were hurt.

Section 101.101(b) also ratifies city charter notice periods, which can be shorter and matter when a city vehicle or signal played a part. The City of Houston requires verified written notice to the mayor and city council within 90 days under Article IX, Section 11 of its charter, according to the city legal department.

Suit under the Act is filed in state court in the county where the claim arose, and it must name the governmental unit as the defendant (§ 101.102).

Suing the driver or the authority

The election-of-remedies rule in § 101.106 punishes a wrong first move. Filing suit under the Act against the authority bars any suit against the employee over the same subject matter. Suing the employee first bars suit against the authority unless the authority consents.

If you sue both, the employees are dismissed on the authority’s motion. If you sue only the driver for conduct within the general scope of the job, and the claim could have been brought against the authority, the court treats it as a suit against the driver in an official capacity. It is dismissed unless you name the authority within 30 days of the driver’s motion. Settling with the authority also ends any claim against its employees (§ 101.106(c)).

Passengers, other drivers, pedestrians and cyclists

Riders are often hurt in sudden stops, in falls while boarding or getting off, and by closing doors. Tell the operator before you leave the bus if you can.

Drivers of other vehicles hit by a bus bring the same Tort Claims Act claim, with the same notice rule and caps.

Pedestrians and cyclists struck by a bus have the same claim against the authority. Texas uses proportionate responsibility: you cannot recover if you are more than 50 percent responsible, and your damages are reduced by your share of fault (§ 33.001; § 33.012). Our comparative fault FAQ compares Texas with California and Washington.

Evidence to request and preserve

Ask for these items early and in writing:

• Onboard and exterior camera video
• AVL and GPS location and speed data
• The operator’s incident report, training, discipline and duty-hour records
• Maintenance and inspection records for the bus
• Dispatch audio and any police or transit police report

Transit authorities are covered by the Public Information Act, Government Code chapter 552. Send the request by a method listed in § 552.234. Public information must be produced promptly (§ 552.221). To withhold records, the authority generally must ask the Attorney General for a ruling (§ 552.301), and once a lawsuit is pending or reasonably anticipated it may invoke the litigation exception in § 552.103.

DART’s Public Information Act page asks for the date, time, location and five-digit bus number when you request an accident report. METRO and CapMetro post their own request procedures. A records request may not stop routine overwriting of video, so send a separate written demand that the authority preserve it.

Private charter and intercity buses

Tour coaches, charter buses and intercity lines run by private companies are not governmental units. None of the Tort Claims Act rules above apply. The claim runs against the company and its insurer under ordinary Texas negligence law, and the two-year deadline in § 16.003 still applies.

Interstate for-hire passenger carriers must carry at least $5,000,000 in public liability coverage for a vehicle seating 16 or more, counting the driver, and $1,500,000 for smaller vehicles (49 C.F.R. § 387.33T). Federal driver-qualification and hours-of-service rules can also point to useful records.

What this means for your case

Find out who operated the bus and who employed the driver. Mark the six-month notice date on your calendar, plus any shorter city deadline if a city vehicle, street or signal was involved. Get medical care and keep every bill and record.

Write down the bus number, route and time. Photograph the scene, the bus and your injuries, and get witness names. Do not give a recorded statement to the authority’s claims staff or sign a release before you get advice, and do not sue the driver personally.

More on Texas injury claims is on our Texas page. Texas cases are handled by the firm’s Texas-licensed attorneys. You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.

Common questions

Related pages

Legal guides · Texas injury lawyers · Austin injury lawyers · Comparative fault in California, Texas and Washington · Injury FAQs · Texas non-subscriber work injury claims

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 7, 2026.