Via Metropolitan Transit has 75 routes across 14 member cities. An estimated 24 million passenger trips have taken place on VIA vehicles, including 516 buses and 139 vans. Many of these trips occur in San Antonio.
When a VIA metro accident occurs, victims both on and off the bus or van can be harmed by the collision. The large size of the VIA vehicles creates a significant risk of serious injury when something goes wrong, and those whose lives are changed by the collision have a right to pursue a claim for monetary compensation.
George Salinas Injury Lawyers can help. Our San Antonio VIA metro accident attorneys are familiar with the complexities that exist when a public transportation accident occurs, and we will work hard to help ensure you get the maximum amount of monetary damages available to you after you’ve been hurt.
Give us a call today at (210) 940-3038 to schedule a free consultation with an experienced member of our legal team to learn more about the ways in which we can help you.
Why Work With George Salinas Injury Lawyers?
The experienced San Antonio VIA metro accident lawyers at George Salinas Injury Lawyers know the ins-and-outs of the Texas Tort Claims Act. Our team has an in-depth understanding of motor vehicle accident laws and vicarious liability laws, and can work with you at every step of your case to:
- Identify all potential defendants
- Gather evidence to prove liability
- Follow procedural rules for bringing your claim
- Negotiate a settlement on your behalf to help you avoid having to go to court
- Prove a claim in civil court if necessary to get you the full and fair compensation that you deserve
VIA buses and vans are large vehicles that often cause life-changing injuries. You owe it to yourself to have an advocate who can help you to navigate a complex claim and get the money you deserve if an incident occurs with a VIA vehicle.
Who is Responsible for a VIA Metro Accident?
Under Texas law, an accident victim can recover compensation for losses that others cause them to experience as a result of their negligence or wrongdoing. Texas follows modified comparative fault rules under Texas Code Section 33.001 so victims can make a case to recover compensation as long as the other party was 51% or more at fault for the incident.
When a VIA Bus crash happens, passengers aboard the bus aren’t usually to blame. If the driver of their VIA bus or van was at fault, then they can take legal action against that driver. Texas also follows vicarious liability rules.
As Painter v. Amerimex Drilling I, Ltd explains, “an employer is vicariously liable for its employee’s negligent acts if those acts are within the course and scope of his employment.” This means victims can sue the employer of the driver as well if an accident happens in the scope of duty.
Since VIA is public transportation, this could mean taking legal action against a government entity. Victims must be aware that special rules apply when suing the government, which are set forth in Texas Civil Practice and Remedies Code Chapter 107. Permission To Sue The State. Otherwise, they could make a mistake that jeopardizes their claim.
In some cases, the VIA driver is not the one to blame for the accident, but instead other motorists on the road were at-fault. In those circumstances, passengers on the vehicle could pursue a claim against the other driver whose negligence or carelessness was the direct cause of the crash.
If non-passengers who are on the road are struck by a VIA vehicle, they can also take legal action against the driver and the government entity employing the driver — as long as they can prove the other motorist was the direct cause of the crash and was at least 51% to blame for causing it.
Taking Legal Action After a VIA Metro Accident
If you are taking legal action against the government after a VIA metro accident, you must follow all of the rules and requirements for pursuing a claim against public officials and agencies.
There are special limitations as a result of a legal doctrine called Sovereign Immunity, which dates back to English common law where judges established the rule that you can’t sue the king (or in this case, local government agencies).
The Texas Tort Claims Act lays out exceptions to sovereign immunity rules, allowing victims to sue state or local governments if the victims experienced any of the following as a result of a government employee’s operation of a motor vehicle while performing job duties:
- Property damage
- Personal injury
- Death of a loved one
Under Texas laws, victims must provide notice to the state of Texas within 180 days of the incident occurring, although some counties and municipalities impose a stricter time deadline for providing notice. The notice must include a description of the incident and resulting damages, including details on the injury suffered and the time and place that the injury happened.
There are also limits on the amount of compensation available per person and per incident when pursuing a claim against the government. While the city and state governments can be sued for up to $250,000 per person and $500,000 per incident, other levels of government set the cap lower at $100,000 per person and $300,000 per incident.
It is important to understand these special rules if you want to pursue a claim against the government when a VIA metro accident was caused by an employee of the public transportation system.
Getting Help from a San Antonio VIA Metro Accident Attorney
VIA Metro Accident attorneys at George Salinas Injury Lawyers will help you to recover compensation for medical bills, lost wages, pain and suffering, and emotional distress after an accident has happened. Give us a call today at (210) 940-3038 to schedule a free consultation with an experienced member of our legal team to learn about how we can fight for you.
Our team collects legal fees only if we recover compensation for your losses, and we’ll work hard to get you the maximum amount available if you’ve been hurt or a loved one has been killed. Don’t’ hesitate to fight the help, as you have nothing to lose