In Texas, a bus is not simply a bigger version of a car, and its driver is not held to the same legal standard as an ordinary motorist. Under the law, entities that transport passengers for a fee are known as common carriers. This designation means they are responsible for a specific, elevated standard of safety known as the high degree of care.
After a crash involving a DART bus, a private Greyhound coach, or a charter bus in the Dallas-Fort Worth area, adjusters might try to evaluate the incident using standard negligence rules, which is why consulting a Dallas bus accident lawyer can be important. They might argue a sudden stop was unavoidable or that a passenger who fell is to blame. Without a firm grasp of the common carrier standard, injured passengers may accept settlements that are based on the wrong legal framework.
Establishing liability requires showing there was a breach of the high degree of care. This could involve slight negligence in maintenance, hiring practices, or vehicle operation—actions that might be excusable for a private driver but are unacceptable for a professional carrier. The bus company’s defense will likely lean on arguments like an unavoidable accident or sudden emergency.
If you were injured, the AMS Law Group will analyze operational logs, maintenance records, and driver histories to determine if the carrier failed its duty. Call us today for a free consultation.
Key Takeaways for the Common Carrier Standard
- Buses and other common carriers owe passengers the highest duty of care. This is a much stricter standard than the ordinary care required of regular drivers, meaning even slight negligence may establish liability.
- The duty of care covers all aspects of the carrier’s operations. This includes vehicle maintenance, driver hiring and training, and ensuring passenger safety during boarding, transit, and exiting the vehicle.
- Suing a public transit authority like DART involves strict and short deadlines. You must file a formal notice of claim, sometimes within six months, or you could lose your right to seek compensation.
Defining the Common Carrier Status in Texas
According to the Texas Transportation Code, a common carrier is an entity that holds itself out to the public for hire. This distinguishes them from private carriers, like a friend giving you a ride, who are held to a standard of ordinary care.
The difference is significant:
- A Private Carrier owes ordinary care, which is what a reasonably prudent person would do under similar circumstances.
- A Common Carrier owes the highest duty of care, a much more demanding standard.
This distinction applies to a wide range of services you may use every day. Examples include:
- Public Entities: Dallas Area Rapid Transit (DART) and Trinity Metro (“The T” in Fort Worth).
- Private Entities: Interstate services like Greyhound and Megabus, or regional lines such as Tornado Bus Company.
For buses that cross state lines, federal law also comes into play, which is different from the rules that apply when you sue DART after a bus accident under Texas law. Interstate carriers must register with the federal government under regulations, which ensures they meet federal safety and financial responsibility requirements before transporting passengers.
What the Scope of Duty Includes
Vehicle Maintenance and Inspection
A bus company’s duty extends to the mechanical condition of its vehicles. Federal regulations, specifically 49 C.F.R. Part 393 and Part 396, mandate strict protocols for parts, accessories, and regular inspections. A brake failure or tire blowout that might seem like a sudden, unforeseeable event for a personal car is typically a sign of negligence for a common carrier.
Driver Hiring and Supervision
A carrier may be found liable for negligent hiring or negligent supervision if they put an unfit driver on the road. Federal law under 49 C.F.R. Part 391 sets minimum qualifications for drivers, covering medical fitness, driving history, and background checks. Ignoring red flags in a driver’s record is a clear breach of the high duty of care owed to passengers.
Protection from Third Parties
The duty of care also includes protecting passengers from harm caused by others on the bus. If a driver observes a passenger becoming aggressive or threatening others but fails to take reasonable steps, such as stopping the bus and contacting the police, the carrier could be liable for any resulting injuries.
Boarding and Alighting
The high duty of care is in effect from the moment a passenger begins to board until they have safely exited the bus and reached a place of safety.
For instance, if a bus driver lets a passenger off in a hazardous location, such as a poorly lit construction zone at night instead of a designated stop, the carrier may have breached its duty, even though the passenger was no longer on the vehicle, which can raise serious concerns similar to cases involving someone who was hit by a DART bus.
Specific Breach Scenarios: When the Standard is Violated
A breach of the common carrier standard may occur in many ways beyond a simple collision.
The Jerk and Jolt Doctrine
Minor lurches and bumps are a normal part of bus travel. However, a sudden, violent stop or acceleration that is unnecessary and throws passengers from their seats may be grounds for a claim, much like serious injuries that occur in Dallas bus crashes. Sudden stops and poor maintenance can both contribute to these types of incidents. We will investigate whether the maneuver was a response to a true emergency or the result of driver inattention, such as tailgating that required slamming on the brakes.
Standing Passengers and Overcrowding
On busy DART routes, standing passengers are a common sight. When a bus is overcrowded, the carrier has a responsibility to operate the vehicle with even greater smoothness and caution. A sudden movement that might only jostle a seated passenger could cause a serious fall for someone standing.
Duty to Warn (DVT and Hidden Dangers)
For long-distance carriers, the duty may include warning passengers about less obvious health risks. One example is the risk of developing venous thromboembolism (DVT), a type of blood clot, from prolonged sitting. If a company operates 20-hour routes without providing warnings or scheduled opportunities for passengers to stretch, it may be a breach of their duty to protect passenger well-being.
ADA and Accessibility Failures
The high degree of care includes ensuring accessibility for all passengers. For riders with disabilities, a failure to properly secure a wheelchair, deploy a ramp correctly, or assist as needed is a direct violation of this elevated standard.
Public Transit vs. Private Lines: The Immunity Hurdle
Your legal path may change depending on who owns the bus you were on. The rules for suing a private company are different from those for suing a government entity.
Private Carriers (Greyhound, Charter Buses)
Private bus lines are generally subject to full liability under state law. Because they operate across state lines, they are also regulated by the Federal Motor Carrier Safety Administration (FMCSA), which mandates high minimum insurance limits (typically $5 million or more) to cover potential injuries.
Public Entities (DART, Fort Worth “The T”)
Suing a government-run service like DART involves dealing with the Texas Tort Claims Act (TTCA). This law waives sovereign immunity, the principle that prevents lawsuits against the government, but only under specific circumstances. For bus accidents, immunity is typically waived for injuries arising from the operation or use of a motor-driven vehicle.
While a standard personal injury claim in Texas has a two-year statute of limitations, a claim against a government entity like a city or transit authority usually requires a formal notice of claim to be filed within six months. Some municipalities may have even shorter deadlines. Missing this window permanently bars you from seeking compensation.
Common Defenses Used by Carriers
Bus companies and their insurers have legal teams dedicated to defending against injury claims. They typically rely on a few common arguments to shift blame or reduce their liability.
Sudden Emergency
The carrier might claim that a car suddenly cut them off, forcing a dangerous maneuver. We counter this defense by obtaining and analyzing evidence from the bus itself. Onboard telematics and camera footage can show if the bus driver was speeding, following too closely, or otherwise driving in a way that left no room to react safely to foreseeable traffic events, all of which can significantly impact personal injury settlements.
Comparative Negligence
They may also try to blame you. An adjuster might argue that you are partially at fault for not holding a handrail or for standing up before the bus came to a complete stop. In Texas, a legal doctrine called proportionate responsibility applies. Under this 51% bar rule, you may still recover damages as long as you are found to be 50% or less at fault. Your compensation is then reduced by your percentage of fault.
Assumption of Risk
In some cases, a carrier will argue that passengers assume the inherent risks of travel. However, a company’s negligence is never an inherent risk that a passenger agrees to accept. The duty to provide safe transport always rests with the carrier.
FAQ for Bus Accident Liability in Texas
Does the highest duty of care apply to school buses in Texas?
Yes, the high standard of care applies to the act of driving a school bus. However, school districts are government entities protected by the Texas Tort Claims Act, which provides strong immunity protections that can limit lawsuits to very specific errors in the vehicle’s operation.
Can I sue if I was injured while transferring between a bus and a train?
This depends on who controls the specific area where the injury occurred. If you were injured in a terminal controlled by the transit authority during a seamless transfer, the high duty of care might continue to apply. If the injury happened on a public sidewalk between stops, ordinary premises liability rules would likely take over.
What if my bus ticket had a waiver of liability in the fine print?
In Texas, courts generally find that a common carrier’s duty to its passengers is non-delegable. This means you typically cannot waive your right to sue for injuries caused by a carrier’s negligence, regardless of what the fine print on a ticket or sign says.
Who pays my medical bills if the bus company denies fault?
While your claim is being investigated, you may need to rely on your own Personal Injury Protection (PIP) coverage from your auto insurance policy or your personal health insurance to cover immediate medical expenses.
Let Us Uphold the Standard You Are Owed
An injury that occurs on a bus is frequently a preventable event. It is typically the outcome of a professional transportation company failing to meet the strict safety standards required by Texas law. Don’t let anyone dismiss it as “just an accident.”
At AMS Law Group, we do not take the initial report at face value. We will demand the evidence needed to build a strong case: driver qualification files, vehicle maintenance logs, onboard video, and company safety records. We use this information to determine precisely how the high degree of care was breached.
Call AMS Law Group or contact us online for a free, no-obligation consultation to discuss your case and learn how we can help.