Can I Sue The City If I Was Hit By A City Bus?

Can I Sue The City If I Was Hit By A City Bus?

When buses, driven by government employees, cause catastrophic injuries, the legal process is profoundly different and more difficult than suing a private individual. You are no longer suing a person; you are suing the government.

At DFW Injury Lawyers, we understand the unique challenges of holding governmental entities accountable under Texas law. Suing a city, a transit authority, or a county requires knowledge of the Texas Tort Claims Act (TTCA), a complex set of statutes that severely limits when and how a government can be sued.

If you or a loved one has suffered serious injury in an accident involving a city bus or other municipal vehicle, you need legal representation that understands the strict deadlines and technical requirements of the TTCA. Don't risk having your claim barred on a technicality.

Contact DFW Injury Lawyers today at (972) 440-2320 for a confidential, risk-free consultation. 

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Key Takeaways: Suing the City After a Bus Accident

• Sovereign Immunity is the Barrier: Governmental entities (cities, DART, Trinity Metro) are protected by Sovereign Immunity and can only be sued if the claim fits a specific exception under the Texas Tort Claims Act (TTCA).
• Waiver Focus: The most common waiver that applies is for injuries resulting from the "Operation or Use of Motor Vehicles" (i.e., bus driver negligence while driving). If your injury doesn't fit this, the case is likely barred.
• The Deadly Notice Deadline: The TTCA requires you to provide formal, written notice of your intent to sue to the governmental entity within a severely limited timeframe, generally six months (and sometimes as short as 90 days). Missing this deadline is usually fatal to your claim.
• Damages are Capped: Unlike private injury claims, the TTCA places strict financial caps on the amount of money you can recover from a governmental entity. For cities and large transit authorities, this cap is often $250,000 per person.
• Immediate Action is Critical: Due to the strict notice deadlines and limited recovery caps, you must hire legal counsel immediately to properly file notice, preserve crucial evidence, and pursue the maximum allowable compensation.

The Immunity Barrier: Why Suing the City is Different

In Texas, and across the United States, government entities, cities, counties, and state agencies, are protected by a doctrine known as sovereign immunity. This doctrine essentially shields the government from liability for most injuries caused by its employees.

The Texas Legislature recognized that this immunity could leave innocent victims severely disadvantaged. Therefore, they created a narrow exception to sovereign immunity: The Texas Tort Claims Act (TTCA).

The TTCA is not a loophole; it is a carefully defined, strict pathway that allows private citizens to sue a governmental unit, but only under very specific circumstances.

The Key Requirement: Waiver of Immunity

For a governmental entity to be sued, the TTCA must have waived its immunity for the specific type of accident or injury that occurred. The TTCA waives sovereign immunity in only three broad categories:

1. Operation or Use of Motor Vehicles: This is the most common category applicable to bus accidents. The government can be sued for injuries arising from the operation or use of a government-owned motor vehicle or equipment.
2. Condition of Property: The government can be sued if the injury was caused by a dangerous condition of real property.
3. Premises Defects: The government can be sued for injuries caused by certain special defects or non-defects on public premises.

Crucially, if your injury does not fall clearly within one of these three categories, your case is likely barred by sovereign immunity.

Public Transit Accidents

When a city bus or public transit vehicle is involved in an accident, the government entity, be it the city itself or a regional transit authority, is often the defendant. The most common scenarios we handle involve the operation or use of motor vehicles waiver:

1. Direct Collisions

These are accidents where the city bus driver negligently operates the vehicle, resulting in a collision with a passenger car, pedestrian, or cyclist. Examples include:

• Bus Driver Negligence: Speeding, running a red light, improper lane changes, or distracted driving.
• Failure to Yield: A bus driver failing to properly check their blind spots when pulling back into traffic.

2. Passenger Injuries on Board

Accidents that occur when a passenger is riding the bus, such as:

• Sudden Stops: A driver slamming on the brakes, causing a passenger to fall and suffer a broken bone or head injury.
• Defective Equipment: An injury caused by a faulty door, a broken seat, or a non-functioning handrail. (This may overlap with the "condition of property" waiver).

3. Pedestrian and Cyclist Accidents

These are often the most devastating. Due to their size and mass, a bus collision with a pedestrian or cyclist can be immediately fatal or cause catastrophic injuries like severe TBI or spinal cord trauma.

The mass of a city bus means that even low-speed impacts can transfer massive energy, leading to severe crush injuries and high-force deceleration trauma, far exceeding that of a car accident. Our investigation must prove the bus driver's negligence was the sole cause, often through video evidence and GPS data logs.

The TTCA’s Ironclad Procedural Requirements: The Notice Period

If your case fits one of the limited liability waivers, you then face the TTCA’s most dangerous hurdle, the strict notice requirement. The TTCA requires that, as a prerequisite to filing a lawsuit, you must provide formal, written notice to the government entity about your claim within a severely limited timeframe.

The 6-Month Window

The general TTCA rule mandates that a claimant must provide notice of the claim to the governmental unit within six months after the day the incident or injury occurred. This notice must include:

• The time and place of the injury.
• The nature and extent of the injury.
• The names and addresses of the persons injured.

Failure to provide proper notice within this six-month window will likely result in your case being permanently barred from court.

Potential Exceptions and Local Variations

Some governmental entities, particularly major transit authorities like DART and the City of Dallas, may have their own charters or ordinances that specify even shorter notice periods.

• City of Dallas: The Dallas City Charter requires notice within 90 days of the date of the injury.
• DART: While DART is subject to the TTCA's six-month rule, the complexity of dealing with a regional authority means prompt notice is paramount.

Why is this notice requirement so strict? The law is designed to allow the government time to investigate the claim while the evidence is fresh, before a formal lawsuit is filed.

What if I miss the deadline? Missing the notice deadline is a fatal error in a government claim. There are very limited exceptions (such as the injured party being a minor or being incapacitated), but in most cases, if you fail to provide timely notice, you lose your right to sue, regardless of how catastrophic your injury is.

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The Limited Recovery Cap: Damages Under the TTCA

Another major difference when suing a government entity is that the amount of money you can recover is capped by the TTCA. Unlike suing a private company or individual, where damages are theoretically limitless, the government is protected by fixed financial limits. The TTCA sets specific caps based on the type of governmental entity:

Governmental Entity Type	Maximum Recovery Cap	Applicable to
Municipal & County	$250,000 per person; $500,000 per single occurrence	City of Dallas, Fort Worth, etc.
State Agencies	$250,000 per person; $500,000 per single occurrence	Texas Department of Transportation, etc.
Other (e.g., Hospital, Library)	$100,000 per person; $300,000 per single occurrence	Certain smaller entities

What the Cap Means for Catastrophic Injuries

If you suffered a permanent, catastrophic injury, such as a spinal cord injury requiring a lifetime of medical care, home modifications, and lost earning capacity, the $250,000 limit is often inadequate to cover your losses.

This limited recovery cap is why every step of the litigation must be handled with the highest level of detail. When the damages are capped, your attorney must focus intensely on proving every penny of the allowed damages to secure the full amount available under the law.

In catastrophic injury cases where the recovery is capped, a life care planner is essential. This expert calculates the victim's total economic loss over their lifetime, including future surgeries, medications, assistive devices, and long-term care, providing the necessary documentation to justify the full statutory recovery limit.

The Litigation Process: Suing the City

Assuming your case meets the waiver requirements and you have properly filed the required notice, the litigation process against a governmental entity still presents challenges.

1. Intense Investigation of the Driver

City bus drivers and other municipal vehicle operators are employees, meaning the government entity is usually liable for their negligence under the doctrine of respondeat superior (let the master answer). Our investigation into the driver includes:

• Reviewing Employment Files: Checking the driver’s background, training records, and prior driving history.
• Vehicle Data: Securing the bus's Event Data Recorder (EDR) and GPS logs to verify speed, braking, and location at the time of the crash.
• Onboard Video Footage: Most city buses have extensive internal and external video surveillance, which is vital to establish fault and the extent of the impact. We act quickly to demand preservation of this evidence.

2. Proving "Operation or Use"

The TTCA’s motor vehicle waiver can be tricky. Texas courts have clarified that the injury must arise from the operation or use of the vehicle.

• Example 1 (Covered): A DART bus driver runs a red light and hits your car. (Direct use/operation)
• Example 2 (Not Covered): A City of Fort Worth maintenance worker drives a truck to a site, parks it legally, and then drops a tool on your foot while standing outside the vehicle. (The injury did not arise from the operation of the vehicle, so immunity is likely preserved).

Our job is to meticulously link the government employee’s negligent actions while operating the vehicle directly to your injuries.

3. Fighting for the Full Cap

Because the government's liability is capped, their defense attorneys often have less incentive to settle for the maximum amount. They may offer far less, forcing you to prove the full extent of your injuries in court. Our strategy is focused on establishing:

1. Clear Liability: Using the physical evidence and the bus’s own data to eliminate any question of the driver's fault.
2. Maximized Damages: Presenting comprehensive medical and economic evidence (using life care planners and economists) to show that the victim's losses far exceed the statutory cap, thereby justifying the payment of the full $250,000 limit.

Why You Need Legal Counsel

The challenges presented by the TTCA are too nuanced for a general practice attorney. One missed deadline or one incorrectly worded notice letter can completely invalidate your claim, even if the city bus driver was 100% at fault.

DFW Injury Lawyers bring years of experience in municipal and government liability cases to your side. We know the inner workings of the cities of Dallas and Fort Worth, and we know exactly how to defeat the defense strategy of sovereign immunity.

Our Approach to Government Claims:

• Immediate Notice Filing: We move instantly to ensure your formal, written notice is filed correctly and on time with the proper governmental entity, safeguarding your legal right to sue.
• Rapid Evidence Preservation: We issue spoliation letters to the city/transit authority, legally requiring them to preserve all bus video, EDR data, driver logs, and maintenance records.
• Expert Witness Network: We work with accident reconstructionists to model the collision and medical experts to document the full financial impact of your injuries, ensuring the court sees the necessity of awarding the maximum possible damages.

In a collision with a city bus, the scales of justice are initially tipped against you due to sovereign immunity and the rigid TTCA. Our job is to use our knowledge and resources to rebalance those scales and secure the justice and compensation you need to rebuild your life.

Don't Let the Government Evade Accountability

If you have been seriously injured by a city bus, or any other government-owned vehicle in the DFW area, your time to act is severely limited. Do not wait for the insurance adjuster or the city's risk management department to contact you, they will not tell you about the 90-day or 6-month notice deadlines.

Protect your rights today. Contact the experienced personal injury attorneys at DFW Injury Lawyers. Contact us for a free, confidential case evaluation. We operate on a contingency fee basis meaning you pay nothing unless we win your case.

Call (972) 440-2320 or fill out our online form now.

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