Motorcycle Accidents with City Buses: Special Deadlines Apply

Reg Reinoso

Author

A tragic incident recently occurred in Austin, where a motorcyclist lost their life in a collision with a Cap Metro bus, as reported by KXAN. While investigations are still underway, this accident serves as a reminder of the legal complexities that can arise when accidents involve governmental or quasi-governmental entities like Cap Metro. If you or a loved one is involved in such an accident, it’s crucial to understand that the legal process differs from a typical personal injury claim. 

According to Texas Civil Practice & Remedies Code Sec. 101.101, anyone intending to file a claim against such entities must provide formal notice within six months of the incident. This notice must include specific details, such as a description of the injury, the time and place where the incident occurred, and a description of the event itself. Failure to meet this six-month deadline can prevent victims from pursuing compensation for their injuries, making it crucial to act swiftly. 

Generally, personal injury claims have two year statutes of limitation against defendants. This exception to the statute with a six month deadline to provide formal notice is essential for people with potential personal injury claims to understand. 

The Role of Cap Metro and Quasi-Governmental Entities

Cap Metro is a public agency and quasi-governmental entity, meaning it operates with some governmental authority but functions in many ways like a private organization. This classification affects personal injury claims because, like other governmental entities, Cap Metro is entitled to certain protections under the law, including the six-month notice requirement. 

Similar entities in Texas include regional transit authorities, water districts, and other local public entities. Understanding how these classifications impact injury claims is essential when pursuing legal action, as the legal landscape is often more complex than in cases involving private parties and if you miss the deadline, your claim can be forever barred.

Navigating the Legal Complexities of Government Accident Claims

Navigating the legal landscape following an accident involving a government-operated vehicle, such as a Cap Metro bus, can be overwhelming. Not only are there strict notice requirements under Texas Civil Practice & Remedies Code Sec. 101.101, but understanding the different types of insurance that may be available is equally crucial. 

In accidents like these, multiple insurance policies may come into play, including the driver’s personal insurance, the city’s insurance, or even uninsured/underinsured motorist coverage, depending on the circumstances. An experienced attorney can assess all potential sources of recovery and ensure that no avenue is overlooked. Many victims, unaware of these options, may miss out on compensation for medical bills, lost wages, and other damages simply because they do not fully understand the insurance landscape or the law.

Additionally, a knowledgeable attorney can guide victims through complex issues such as governmental immunity, liability disputes, and potential defenses that a governmental entity may assert. For instance, proving that a government employee acted negligently can be challenging, and without legal assistance, victims may not realize the importance of gathering certain types of evidence early on. An attorney ensures that all necessary steps are followed, from submitting timely notice to ensuring that any insurance issues are handled correctly, so that the injured party can focus on recovery instead of navigating legal pitfalls.

This article is for informational purposes only and is not a substitute for legal advice.