By the Beverly Law legal team. Updated November 2026.
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What to do after a bus crash in Texas
- Get medical care right away, even if you walked off the bus.
- Get the crash report. Our guides explain how to get a police report in Houston and Dallas.
- Record who runs the bus: the name on the side, the bus and route numbers, and whether it was a school bus, a city or transit authority bus, or a private coach.
- Send written notice early if a public body runs the bus (see below), and keep proof of delivery.
- Sue the right party. In Texas, suing the government driver personally can cost you the claim against the agency, so get advice before filing.
Who runs the bus: transit authorities, cities and school districts
The Texas Tort Claims Act applies to every “governmental unit,” which includes a political subdivision such as a city, county or school district, and any other agency whose authority comes from the constitution or the legislature (Civ. Prac. & Rem. Code § 101.001(3)).
Several large Texas transit systems are transit authorities created under Transportation Code chapter 451 or 452. Both chapters say an authority “is a governmental unit under Chapter 101” and that its operations are not proprietary functions for any purpose (Transp. Code § 451.052(c); § 452.052(c)). VIA in San Antonio is a chapter 451 authority (VIA Metro. Transit v. Meck). DART describes itself as a regional transit agency authorized under chapter 452 (DART facts), and the Fort Worth Transportation Authority is a chapter 452 authority (Fort Worth Transp. Auth. v. Rodriguez).
Some cities run the buses themselves. The Federal Transit Administration lists El Paso’s system as “City of El Paso dba Sun Metro” (FTA agency profile). For a city, “transportation systems” are a governmental function covered by the Act (§ 101.0215(a)(22)). Our report on a Sun Metro bus that rolled onto its side in Northeast El Paso shows how these cases start.
Many routes are driven by private contractors. Under chapter 452, a contractor performing an authority function is liable only to the extent the authority itself would be (§ 452.056(d)).
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What the Tort Claims Act allows, and the damage caps
A governmental unit is liable for injury and death caused by an employee’s negligence when the harm “arises from the operation or use of a motor-driven vehicle” and the employee would be personally liable under Texas law (§ 101.021(1)). A bus driver who runs a red light fits. The Act does not cover claims arising from assault, battery or other intentional torts (§ 101.057), so an attack by another rider usually falls outside it.
| Defendant | Per person | Per occurrence | Source |
|---|---|---|---|
| State government | $250,000 | $500,000 | § 101.023(a) |
| City (municipality) | $250,000 | $500,000 | § 101.023(c) |
| Unit of local government | $100,000 | $300,000 | § 101.023(b) |
| Private charter or tour company | No statutory cap | No statutory cap | Chapter 101 does not apply |
The figures are for bodily injury or death. Each category also has a $100,000 cap per occurrence for property damage (§ 101.023). The Act does not authorize exemplary damages (§ 101.024).
In Fort Worth Transportation Authority v. Rodriguez, 547 S.W.3d 830 (Tex. 2018), a pedestrian was struck and killed by a public bus in Fort Worth. The Texas Supreme Court held that the authority and its two bus contractors were “cumulatively liable up to a single $100,000 damages cap” (opinion). When one crash hurts many riders, they may have to share the per-occurrence amount. The cap protects only the government side. Another driver who caused the crash has no cap.
Transit buses owe a high degree of care. School buses do not.
In VIA Metropolitan Transit v. Meck, 620 S.W.3d 356 (Tex. 2020), a VIA rider fell into the partition behind the driver when a driver still in training made an abrupt stop. The Texas Supreme Court held that VIA is a common carrier because its primary function is providing transportation to the public for a fee, that common carriers owe a high degree of care, and that “the Tort Claims Act waives governmental immunity for the negligence of common carriers under the high-degree-of-care duty.” The jury had been told that standard means the care of “a very cautious, competent, and prudent person.” The court also said the duty does not make carriers insurers (Meck opinion). The trial court applied the Act’s cap and entered judgment for $100,000.
School districts are treated differently. In Mount Pleasant Independent School District v. Estate of Lindburg, 766 S.W.2d 208 (Tex. 1989), a seven-year-old got off her school bus, the bus left, and she was struck by a pickup on U.S. 271. The court held “the school district is not a common carrier” and owes ordinary care, and it rendered judgment for the district because the jury was never asked whether her death arose from the operation or use of a motor vehicle (Lindburg opinion).
School bus crashes in Texas
The Tort Claims Act does not apply to school districts “except as to motor vehicles” (§ 101.051). A school bus crash fits that exception when the injury arises from how the bus was driven or used. A district’s professional employees have personal immunity for discretionary acts, but that immunity does not apply to “the operation, use, or maintenance of any motor vehicle” (Educ. Code § 22.0511(b)).
A school district is neither state government nor a city, so the $100,000 per person and $300,000 per occurrence local-government cap is the one that generally applies (§ 101.023(b)). The six-month notice rule applies too.
Recent Texas cases include a Sanger ISD bus that left Huling Road, struck a culvert and rolled over, killing a 13-year-old student (our report), and a fatal crash on I-20 near Abilene, where an arrest affidavit alleges a Wylie ISD band bus struck a pedestrian seconds after a truck did (our report).
Charter buses, tour buses and airport shuttles
A privately owned charter, tour or shuttle company is not a governmental unit, so the notice rule and the caps do not protect it. The claim runs against the driver, the company and their insurers. A for-hire passenger carrier operating in interstate or foreign commerce must carry at least $5,000,000 for a vehicle seating 16 or more, including the driver, and $1,500,000 for 15 or fewer (49 C.F.R. § 387.33T; FMCSA). Its drivers may not drive more than 10 hours after 8 consecutive hours off duty, or after 15 hours on duty (49 C.F.R. § 395.5).
A shuttle run by a city airport is different. For a city, airports are a governmental function under the Act (§ 101.0215(a)(10)), so the city rules and caps apply.
Notice, deadlines, the 51% bar and Texas bus crash numbers
- Six-month notice to a governmental unit, describing the injury, the time and place, and the incident. City charters may require it sooner. Formal notice is excused only if the unit has actual notice of the death, injury or damage (§ 101.101).
- Two years to sue for injury, and two years from the date of death for a death claim (§ 16.003). See our page on the Texas wrongful death deadline.
- Election of remedies. Suing the governmental unit bars suit against its employee over the same facts, and suing the employee can bar the claim against the unit (§ 101.106).
- The 51% bar. You cannot recover if your share of responsibility is greater than 50% (§ 33.001). See comparative fault in California, Texas and Washington.
TxDOT counted 2,443 buses and 1,669 school buses involved in Texas crashes in 2025. Seven buses were involved in fatal crashes and 60 in suspected serious injury crashes; for school buses the counts were 3 and 17 (TxDOT, vehicles in crashes by body style, 2025, data as of April 7, 2026). Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Related pages
- California bus accident lawyer
- Washington bus accident lawyer
- Texas public transit bus accident claims: DART, METRO, VIA and CapMetro
- Texas car accident lawyer and Texas pedestrian accident lawyer
- Texas brain injury lawyer and Texas wrongful death lawyer
- Texas truck accident lawyer
Common questions
Can I sue a Texas transit authority like DART or VIA?
Yes, when your injury arose from the operation or use of the bus. Transit authorities are governmental units under the Tort Claims Act, so you must give notice within six months and your recovery is capped. The Texas Supreme Court has held they owe riders a high degree of care.
How much can I recover from a public bus agency in Texas?
For a transit authority or school district, generally up to $100,000 per person and $300,000 per occurrence for injury or death. For a city, up to $250,000 per person and $500,000 per occurrence. Another at-fault driver or a private bus company has no such cap.
My child was hurt on a school bus. Can we sue the district?
Texas school districts are covered by the Tort Claims Act only as to motor vehicles. A claim works when the injury came from how the bus was driven or used. The district owes ordinary care, not the higher common-carrier standard.
How long do I have?
Notice to a governmental unit within six months, or sooner if a city charter requires it. Two years to file suit under Civil Practice and Remedies Code section 16.003.
Should I sue the bus driver personally?
Usually not when the driver works for a governmental unit. Under section 101.106, suing the employee can bar your claim against the agency. Name the right defendant from the start.
Are charter buses capped like city buses?
No. A private charter or tour company is not a governmental unit. Interstate passenger carriers must carry at least $5 million for a bus seating 16 or more.
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Sources
- Tex. Civ. Prac. & Rem. Code § 101.001
- Tex. Civ. Prac. & Rem. Code § 101.021
- Tex. Civ. Prac. & Rem. Code § 101.0215
- Tex. Civ. Prac. & Rem. Code § 101.023
- Tex. Civ. Prac. & Rem. Code § 101.024
- Tex. Civ. Prac. & Rem. Code § 101.051
- Tex. Civ. Prac. & Rem. Code § 101.057
- Tex. Civ. Prac. & Rem. Code § 101.101
- Tex. Civ. Prac. & Rem. Code § 101.106
- Tex. Transp. Code § 451.052
- Tex. Transp. Code § 452.052
- Tex. Transp. Code § 452.056
- Tex. Educ. Code § 22.0511
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- VIA Metro. Transit v. Meck, 620 S.W.3d 356 (Tex. 2020)
- Fort Worth Transp. Auth. v. Rodriguez, 547 S.W.3d 830 (Tex. 2018)
- Mount Pleasant Indep. Sch. Dist. v. Estate of Lindburg, 766 S.W.2d 208 (Tex. 1989)
- 49 C.F.R. § 387.33T
- 49 C.F.R. § 395.5
- FMCSA, Licensing and Insurance Requirements for For-Hire Motor Carriers of Passengers
- DART, DART Facts
- Federal Transit Administration, City of El Paso dba Sun Metro agency profile (2022)
- TxDOT, Count of Vehicles in Crashes by Body Style, 2025
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, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.