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Mass Transit Liability

Public transportation should always strive to provide an affordable and safe mode of transportation throughout the city. But sadly, that isn’t always the case. All too often accidents happen on public transit, and they are typically the result of a driver’s negligence.

Because the government operates public transportation, there is a myriad of legal factors that will determine your ability to recover damages. Because of this, you will need the guidance of an experienced legal counsel.

Attorney for Mass Transit Liability in Montgomery County, TX

Because you will most likely be filing a lawsuit against the government, it is imperative that you seek legal representation that has proven experience with personal injury cases involving mass transit liability. At Evans & Powell, PLLC, we will do everything in our power to ensure you are adequately compensated for your injuries.

Call us today at (713) 622 - 2000 to schedule a free case consultation, or submit your information in the online contact form. We represent clients with personal injury claims in communities across Montgomery County and Harris County such as The Woodlands, Conroe, Spring, Houston, Montgomery, Magnolia, Pinehurst and many others.

Overview of Mass Transit Liability in Montgomery County, TX

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Can I Sue the Government for My Injuries?

Most public transport systems are operated by the local government. Before the Texas Tort Claims Act, it was nearly impossible for Texas residents to file a suit against the government for monetary damages. Prior to the act, if a city bus had run up a curb and hit you, the lawyer representing the government could assert sovereign immunity, and the judge would most likely toss out your case, and you would be left to pay for your injuries on your own. 

Thankfully the act was passed in 1969 and it allowed for citizens to hold the state government liable and receive monetary damages. Under section 101.021 of the Civil Practices and Remedies Code, city transportation services can be held responsible for personal injury, property damage and death that were the result of the employee’s negligence.

The Texas Tort Claims Acts also requires you to notify the government agency you wish to sue. Under section 101.101, the notice must describe:

  • The injuries and damages
  • Time and place of the incident; and
  • The incident

If you were injured in a mass transit accident, you have very little time to file a claim if you wish to pursue compensation for your injuries. Typically, you have up to two years to file a personal injury claim in Texas, but when it involves a government agency, Houston area charters allow up to 90 days from the accident to file a claim.

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What can be Recovered?

When you are injured because of the negligence of another person, you have the right to seek compensation for the damage your injuries have caused. In personal injury cases that involve the government, the law established that there is only so much money that you can recover for damages.

Depending on whether you are suing the state, local government or a municipality will determine the amount you can receive for damages. Under section 101.023 of the Civil Practices and Remedies Code, the following caps are placed on monetary damages when you sue the state government 

  • $250,000 for each person
  • $500,000 per incident for bodily injury or death; and
  • $100,000 for property damage

When you file a suit against the local government, the maximum amount that can be recovered is as follows:

  • $100,000 for each person
  • $300,000 per incident for bodily injury or death; and
  • $100,000 for property damage

The maximum compensation you can receive in a case against a municipality include:

  • $250,000 for each person
  • $500,000 per incident for bodily injury or death; and
  • $100,000 for property damage

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Additional Resources for Mass Transit Liability in Harris County, TX

Tort Claims | Civil Practice and Remedies Code– Read the full text of the act that changed how Texas citizens sue the government. You can also learn more about the sections mentioned in this page. The act can be read on the Texas Constitution and Statutes website. 

FMCSA Regulations– The Federal Motor Carrier Safety Administration is responsible for regulating commercial vehicles such as buses. You can learn about routing regulations, special training requirements and qualifications.

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Personal Injury Lawyer for Mass Transit Liability in Harris County, TX

If you or someone you love was injured on public transportation, you have the right to seek compensation. Evans & Powell, PLLC is experienced in cases against the government, and we will fight to protect your rights and achieve the best possible outcome for your situation.

Call us today at (713) 622 - 2000 to schedule a free case consultation or submit your information in the online contact form. We proudly represent clients communities across Harris County and Montgomery County such as Houston, Spring, Shenandoah, Panorama Village, Oak Ridge North, Porter Heights, and many others in the surrounding area.

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Evans & Powell, PLLC