Who Is At-Fault In A COMPASS Bus Accident in Mesquite, TX?

Until October 1, 2022, the COMPASS bus operated between Hanby Stadium and the Lawnview DART Station. While smaller than full-sized buses, passenger motor carriers are still no match for a car. Bus crashes cause numerous injuries and fatalities every year in the U.S. In 2019, an estimated 25,000 people sustained physical harm, and 258 died from a bus accident.

If you collided with a bus, you may have sustained serious injuries that could turn your life upside down, leading to long-term physical, emotional and financial hardships. In any crash involving a bus, determining fault is a complex endeavor.

Who Owns the Buses?

Though the COMPASS bus line is no longer operating in the same capacity and is now running as a shuttle service, the same entity runs the service. STAR Transit is the motor carrier that owns and operates the public bus line. STAR Transit is a political subdivision of the State of Texas. The 55-fleet service operates under state ownership and would fall under the regulatory codes dictating government liability.

Can the State Be Liable in a Traffic Accident?

Governments are typically exempt from lawsuits against the state. However, a claimant can take legal action against the government under specific circumstances. In Texas, the Civil Practice and Remedies Code, Title 5, Chapter 101, establishes when the government can be held liable. The state or any political subdivision of the state is responsible if:

• A paid employee engages in negligence, omissions or actions while performing duties associated with their job
• The employee’s actions lead to personal injury, death or property damage
• The injuries were the result of the employee operating a motor-driven vehicle or motor-driven equipment
• The employee would be liable outside of work

The state could be liable if a government employee contributed to or caused the COMPASS bus accident through negligent actions.

You may assume that the driver would be at fault if the bus caused the accident. However, factors other than driver negligence can cause a bus accident. Mechanical failures and faulty parts, such as issues with the brakes or tires, can lead to a bus crash. When these types of incidents occur, the state may still be responsible, as often government employees perform maintenance, repairs and safety inspections.

Other Potentially Liable Parties

Another party may be partially liable, even if the bus caused the accident. If a mechanical failure occurs, and the maintenance, repair and inspection staff performed their jobs sufficiently, a manufacturer may be to blame for a faulty part. Additionally, if the state contracted out maintenance and repairs to a private company, the company may bear some responsibility.

Other motorists may have contributed to the accident, even if they weren’t directly involved in the collision. It’s important to note that your actions will also come into play during insurance or lawsuit settlement negotiations and determinations.

How Do You Prove Fault in a Bus Accident?

Whether you file an insurance claim or a lawsuit, you need evidence that proves the other party was at fault. You must demonstrate fault to recover property and personal injury damages from the liable party. In traffic accident personal injury claims, fault rests on the concept of negligence, which can include actions and omissions. Establishing fault requires you to demonstrate four elements:

1. The other party owed you a duty of care to engage in reasonable behaviors to ensure your safety.
2. The other party failed to uphold their responsibilities to take reasonable care.
3. The other party’s negligence led to the bus accident.
4. The bus accident caused you harm so severe that you required medical care.

All four elements must exist. If any of them are missing, you don’t have a claim. The only instance in which you don’t need to establish fault is if you decide to file a claim with your insurance company under your personal injury protection coverage.

Do the Insurance Laws Matter in COMPASS Bus Accident Claims?

Insurance laws come into play in a COMPASS bus accident claim. Generally, fault matters in the outcome of an insurance claim, as Texas is an at-fault auto insurance state. The liable party is responsible for covering the damages, typically through the individual’s or entity’s insurance company.

More than one party may bear responsibility, and settlements are based on the insurance company’s determination of liability. The insurance company handling STAR Transit’s coverage will almost certainly attempt to place as much blame in your corner as possible, lower the cost of a settlement, or deny your claim altogether. It doesn’t matter that the state and federal law require $1.5 million in liability protection for passenger vehicles with a carrying capacity of 15 or fewer passengers and $5 million for those that can carry more than 15 passengers.

Texas’s insurance laws for motorists require drivers to carry liability coverage to pay for damages in accidents they cause. However, the state also compels insurance companies to include personal injury protection on auto insurance policies. Unless you turned down the coverage in writing, you have PIP insurance on your policy. If you do, you may choose to submit an insurance claim to your company to pay for medical expenses and lost wages, as fault is not a consideration under PIP coverage. The insurance company won’t pay more than your policy’s limits, but they will likely try to minimize how much they pay.

How Do the State’s Personal Injury Laws Impact Your Claim?

Texas’s personal injury laws impact the outcome of your claim, even when filing an insurance claim. The insurers use these laws to determine whether to offer a settlement and how much to offer. They know how to utilize the rules to minimize or deny payout. They also count on most people accepting whatever they decide instead of contacting a personal injury lawyer for help. The state’s insurance and legal representatives will undoubtedly use the regulations to their advantage.

Texas adheres to a modified comparative negligence rule. Under this rule, your role in the accident impacts the outcome of your insurance or legal claim. If you bear responsibility, you won’t receive the agreed-upon settlement amount for your sustained damages. You are only entitled to recover an amount equal to the other party’s fault. For instance, if you are found to be 10% liable and the state is 90% responsible, you receive 90% of the awarded settlement. However, if you are more than 50% at fault, you lose your right to recover damages.

The other personal injury law you should understand is the statute of limitations, which is a hard deadline for initiating legal claims. Texas imposes a two-year time limit, and the clock begins ticking on the day of the accident. If you don’t file your intent to sue in time, you lose your right to pursue a personal injury lawsuit.

Who Can Help With a COMPASS Bus Accident Claim?

Filing an insurance or legal claim against a government entity is often an overwhelming and intimidating experience. If you sustained injuries in a COMPASS bus accident, you should be able to focus on getting your life back on track, not worrying about how to handle a claim.

Fielding Law attorneys offer the support, knowledge and experience you need in your corner. You can count on us to stand up for your rights, whether you want us to help you deal with the insurance companies or represent you in a lawsuit. We won’t charge you any fees until you win a settlement. Contact us today for a free, no-obligation case review.