A passenger or pedestrian hurt by a bus in Houston can usually bring a claim, but the operator decides the deadlines and the limits. A bus run by a governmental unit such as a city or a school district falls under the Texas Tort Claims Act, which requires notice within six months and caps damages. A bus run by a private charter or tour company is sued like any other negligence case, with a two-year suit deadline and no government notice step.
The short version
- Identify the operator first. The name on the bus, the route, and any charter contract or receipt usually show who ran it, and that answer changes every rule that follows.
- A public operator needs notice within six months. The notice has to describe the harm, where and when the crash happened, and what occurred (Civil Practice and Remedies Code § 101.101).
- Damages against a government unit are capped. The ceiling in § 101.023 differs between a city and other local units.
- A private operator has no government notice step. Suit generally has to be filed within two years of the day the claim accrues (§ 16.003).
- Federal carrier records are available. A motor carrier keeps an accident register for three years after each crash (49 CFR 390.15).
Who can be liable when a bus hits you in Houston?
The driver, the company that employs or contracts the driver, and any public body that owns or runs the bus can all be named, depending on the facts. For a governmental unit, Section 101.021 creates liability for an employee’s negligence when the injury arises from the use of a motor-driven vehicle. A private operator answers under ordinary negligence rules.
A bus case has more possible defendants than a typical Houston car accident. A driver may work under a contract with a transit agency, a separate shop may maintain the bus, and a brake or steering defect can point toward a manufacturer, which our defective vehicle product page covers. Our Houston bus accident page covers these claims in general terms, and our Houston auto accident page covers the general claim process for other vehicles.
Section 101.021(1) reaches injuries that “arise from the operation or use of a motor-driven vehicle or motor-driven equipment,” where the employee would be personally liable under Texas law. That wording covers a rider and a pedestrian struck by a bus alike.
Does the six-month notice rule apply to every bus accident?
No. The notice rule applies when a governmental unit runs the bus, such as a city or a school district; whether a transit authority counts is a question for counsel. Where it applies, the unit has six months from the incident to receive notice, and a private bus company receives no such notice.
Section 101.101(a) gives a governmental unit six months from the day of the incident to receive notice of the claim. The notice must say what harm is claimed, when and where the incident happened, and what the incident was.
Two other provisions in the same section matter. A city’s charter can set its own notice period, which the statute ratifies in § 101.101(b), so a city bus claim has to be checked against the charter as well. And the requirement does not apply where the unit already has actual notice of the death, the injury or the property damage (§ 101.101(c)). Actual notice is a fact question, so the safer course is to send notice within six months anyway.
METRO’s own claim form, Form SAF-FOR-017, says it must be completed, signed and mailed or delivered “within 180 days of the incident” by anyone making a claim against METRO. For a bus claim it also asks for the bus number, the boarding and exit locations and the police report number, if known. Because 180 days falls a few days short of six calendar months, the form’s date is the safer one to put on the calendar.
What caps apply to damages against a government bus operator?
Section 101.023 sets the ceiling. For a city, the most recoverable for one person’s injury or death is $250,000, and $500,000 for a single occurrence. For other local units, such as a school district, those figures drop to $100,000 and $300,000, and property damage is capped at $100,000 per occurrence in each case.
| Governmental defendant | Per person (injury or death) | Per occurrence (injury or death) | Property damage per occurrence | Statute |
|---|---|---|---|---|
| State government | $250,000 | $500,000 | $100,000 | § 101.023(a) |
| Municipality (a city) | $250,000 | $500,000 | $100,000 | § 101.023(c) |
| Other unit of local government | $100,000 | $300,000 | $100,000 | § 101.023(b) |
Read on 16 October 2026 from the official Texas Legislature statute site: Civil Practice and Remedies Code, chapter 101.
The chapter states that it “does not authorize exemplary damages” (§ 101.024), so the public-operator figures above are the ceiling for damages the chapter allows. Which row of the table applies depends on the status of the entity that ran the bus, and counsel should confirm that status before any value is discussed.
Does the Tort Claims Act reach a school bus passenger?
Yes, for motor vehicles. The Act generally does not reach a school district, but Section 101.051 carves motor vehicles out of that exclusion, so a school bus crash falls under the Act’s notice rule, with the lower caps that § 101.023(b) sets for local units other than cities.
Section 101.051 excludes school districts from the chapter “except as to motor vehicles.” A parent, student or pedestrian hurt by a school bus therefore faces the same six-month notice rule as a city bus rider, but the district’s caps are the lower § 101.023(b) figures of $100,000 per person and $300,000 per occurrence. Our article on a car accident with a school bus in Houston covers the other driver’s side of those crashes, while this page addresses the injured person’s claim against the operator.
School bus cases often involve several parties at once: the district, a contracted transportation company, and a private driver who struck the bus.
What rights does a bus passenger have against a private charter company?
A private charter or tour operator is sued under ordinary negligence law, outside the Tort Claims Act. Under Civil Practice and Remedies Code § 16.003, a personal injury suit generally has to be filed within two years, and no notice step comes before that.
Section 16.003(a) sets a two-year period for personal injury suits, counted from the day the cause of action accrues, subject to exceptions in other sections of the chapter. A claim against a private carrier can be investigated and negotiated for months inside it, but the exceptions can move the date, so the deadline in any given case should be confirmed rather than assumed.
Federal rules add a records step for carriers that run commercial motor vehicles. A motor carrier must keep an accident register for three years after each accident, recording the date, the nearest city, the driver’s name, and the numbers of injuries and fatalities (49 CFR 390.15(b)). Whether a particular charter or tour vehicle is a commercial motor vehicle under those rules depends on its size and use, which is one reason the operator’s identity matters. Our Houston commercial vehicle page covers carrier-side evidence in more detail.
Are pedestrians covered by the same rules?
Yes. A pedestrian struck by a bus has the same two paths as a passenger. A governmental operator brings in the notice rule and the caps, and a private operator does not. Being on foot rather than on board does not change which law applies, so the operator’s identity is still the first question.
Section 101.021 reaches injury that arises from the operation of a motor-driven vehicle, which describes a pedestrian struck by a bus as well as a rider. Pedestrian cases are also where the first public account of a crash matters. A FOX 26 Houston report published on 2 July 2026 described a late-afternoon crash on Almeda Road in which a private vehicle struck a METRO bus. It said nine people reported injuries, one person was taken to a hospital with non-life-threatening injuries, and the cause was still under investigation. The report does not say whether the nine were bus passengers or occupants of the other vehicle, so it should not be read as a count of riders.
That early uncertainty is normal, which is why the notice deadline should not wait for an investigation to finish. Our page on Houston pedestrian accident claims covers the general claim, and our article on getting a Houston car accident attorney as a pedestrian explains the first steps.
Coverage read on FOX 26 Houston, published 2 July 2026: Southwest Houston crash involving a METRO bus.
What should you do right after a bus accident?
Get medical care first, then record the operator’s name, the bus number, the route and the time, and report the crash to the police. Keep every ticket, transfer or charter receipt that proves you were aboard. Ask the operator for an incident report number before you leave.
Those facts decide which law applies. A transit agency’s name is usually painted on the bus, and a charter company’s name often appears on the contract or the receipt. If the vehicle that struck the bus drove away, note its plate and direction, because a driver who leaves the scene is a different claim, covered on our hit-and-run accident page. If the other driver appears to have been drinking, our drunk driving accident page explains that claim. Photographs of the bus, the scene and visible injuries help too. The police report is the usual starting point, and our guide on getting a copy of a Texas accident report explains how to request one.
Our article on the first steps after a crash in Houston is a useful companion to this section.
How long does a bus injury claim take to resolve?
There is no single timetable. Government notice is due in six months and suit is generally due in two years, but settlement depends on treatment, the number of defendants and whether fault is disputed. A claim that goes to suit against a public body follows the court’s schedule.
Medical treatment is the main factor. A settlement is final, so a claim is usually valued once the treating doctors can describe the likely course of recovery. Our article on the timeline of a Texas injury case covers the stages. What a transit-injury claim can include is set out in the damages categories article, which applies to a bus passenger as well.
Fault disputes slow things further. Our article on comparative negligence in Texas is the place to start on how a claimant’s share of responsibility is handled. When the other driver was distracted or failed to yield, the claim turns on proof of that conduct, which our distracted driving and failure to stop pages describe. If a passenger died, the claim may be a wrongful death suit with its own beneficiaries, a subject covered in our article on who may file after a fatal crash.
Who can you sue if the bus driver worked for the government?
Texas law channels the claim. Under Section 101.106, filing suit against a governmental unit bars a later suit against an individual employee on the same subject, and suing the employee first bars recovery from the unit unless the unit consents. The choice of defendant is therefore made before anything is filed.
Section 101.106(a) makes a suit against the unit an irrevocable election that bars any later suit against the individual employee on the same subject matter. Section 101.106(b) reverses the rule for a suit filed first against an employee. Because the election cannot be undone, the choice of defendant is a strategic step rather than a formality.
How this section applies depends on the entity’s status and on whether the employee is sued in an official capacity, so counsel should review it for each claim. Our Houston personal injury attorneys work through these choices early in a file, before anything is filed.
Does your own auto policy pay if you were a bus passenger?
It may, depending on the policy. Personal injury protection (PIP), where a policy carries it, pays the named insured, household members and passengers in the insured’s own vehicle, and whether it pays for a bus ride turns on the policy wording. The operator’s policy is the one to examine first.
Insurance Code § 1952.151 defines PIP as payment to the named insured, household members, and any authorized operator or passenger of the named insured’s motor vehicle, including a guest occupant. Section 1952.101 governs the separate uninsured and underinsured motorist coverage, which is tied to an insured who is legally entitled to recover from an owner or operator who lacks adequate insurance. Our article on uninsured and underinsured motorist claims in Texas explains when that coverage is used.
If the trip was a rideshare rather than a bus, the policy question is different, and our ride-sharing accident page covers it. Before you accept any payment, ask what it covers and whether it reduces the claim. Our article on Houston car accident claims involving uninsured drivers covers that situation separately.
Frequently asked questions
How do I claim after a bus accident?
Start by identifying who operated the bus, because that decides the process. A government operator needs notice within six months of the incident. A private operator has no government notice step, and suit generally must be filed within two years of the day the claim accrues.
How do I file a legal claim after a bus accident?
File against the entity that operated the bus, not only the driver. For a public operator, send the statutory notice first and watch the six-month deadline, then file suit within the limitations period. Choose defendants carefully, because suing an individual employee can bar a later claim against the governmental unit.
What happens if a school bus gets in an accident?
The Tort Claims Act generally does not apply to a school district, but it applies to motor vehicles. A school bus crash therefore follows the government notice rule and the damage caps. Other drivers, a contracted transportation company or a manufacturer may also be responsible, so each party should be identified early.
Who pays for school bus accident injuries?
The answer depends on who caused the crash and who operated the bus. A school district’s bus is covered by the Tort Claims Act for motor vehicle claims, and its liability is capped. Another driver who caused the crash may carry liability insurance, and a private contractor may have its own insurer. Each source of payment should be confirmed in writing.
What should I look for in a bus accident lawyer?
Look for a lawyer who asks early who operated the bus and checks the notice deadline the same day. Ask whether the lawyer has handled claims against government units as well as private carriers, how the fee is set, and who will work on the file.
How much time do I have to file a bus accident claim in Texas?
For a claim against a private carrier, the general personal injury suit deadline is two years from the day the claim accrues under Civil Practice and Remedies Code section 16.003. For a claim against a governmental unit, notice is due within six months of the incident, and suit follows within the limitations period. The deadlines have exceptions, so confirm the date for your claim.
For more general answers, see our frequently asked questions page, our article on questions to ask before hiring a Houston personal injury attorney, and our article on what a Houston accident lawyer costs. If a bus left you hurt, the first task is to learn which entity owns and operates it, because that decides who must receive notice and by when; what the claim is then worth is a separate question, covered in how Houston crash claims are valued, while the insurance side of the file is explained in steps for a stronger insurance claim and whether an insurance claim needs a lawyer. The contact page reaches the office.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.