Can You Sue the City After a Public Transit Accident in Texas?

If you’ve been injured in a public transit accident involving a city bus, train, or municipal vehicle, you might be asking: Can I sue the city? The answer in Texas is yes, under specific conditions and tight deadlines.

At Eric Ramos Law, PLLC, we help victims of public transportation accidents pursue rightful compensation against city governments. With experience navigating the Texas Tort Claims Act (TTCA) and municipal liability laws, our team fights to hold negligent public entities accountable while guiding clients through an intimidating legal process.

Understanding Government Liability in Texas Transit Accidents

Unlike private individuals or companies, government entities such as city transit authorities are protected under a legal doctrine known as sovereign immunity. This principle means that cities and government agencies generally cannot be sued unless the state specifically allows it.

Fortunately, Texas law provides a crucial exception. Under the Texas Tort Claims Act (TTCA), victims can sue the government for injuries caused by the wrongful or negligent operation of a motor vehicle by a government employee acting within the scope of their job.

This is how injury victims can bring claims after being hit by a city bus or involved in a train accident operated by a municipal entity.

When You Can Sue the City After a Transit Accident

To successfully bring a claim against a city or public transportation authority, your case must meet the following criteria:

The injury occurred due to a government employee’s negligence. This means the driver or operator did something wrong or failed to do something they should have.
The employee was acting within their official duties at the time of the accident. If they were off-duty or acting outside their scope, the city may not be liable.
The injury resulted from the operation or use of a motor-driven vehicle or equipment. This includes city buses, trolleys, light rail, street sweepers, or even public maintenance trucks.

If these elements are present, a claim may be allowed. However, it is essential to follow strict procedures to preserve your right to compensation.

Notice Requirements: Why Time Is Not on Your Side

Unlike regular personal injury cases, suing a city after a public transit accident involves strict deadlines and procedures. Under Texas law, you are typically required to file a notice of claim within six months of the accident date. Some cities, like San Antonio or Dallas, may have even shorter deadlines, sometimes as little as 90 days.

This notice must include detailed information about:

The date, time, and location of the incident
A clear description of the injuries and damages
A summary of how the incident occurred
The identity of those involved

If you fail to file this notice within the specified period, the court can, and often will, dismiss your case, even if your injuries are serious or the city was clearly at fault.

Types of Public Transit Accidents Covered

There are many scenarios where a city may be liable for a public transit-related injury. These include:

Being hit by a city bus while driving or walking
Getting injured while riding a VIA Metropolitan Transit bus or the San Antonio rail system
Falling due to sudden braking or unsafe conditions on a city-operated bus
Accidents involving poorly maintained or malfunctioning public transit vehicles
Being struck by a city vehicle while crossing the street or riding a bike

In each of these cases, a skilled attorney can investigate and determine whether the city or another public entity may be held liable.

What You Need to Prove

To succeed in a claim against the city, you must establish the following:

Duty of Care
The city or its employees had a legal responsibility to act safely and reasonably. Bus drivers, for instance, must operate with extra caution because they carry passengers and interact with the public daily.
Breach of Duty
You must show that the city employee failed in that duty. This could involve distracted driving, speeding, failure to yield, running a red light, or even failing to maintain the vehicle.
Causation
There must be a clear link between the employee’s negligence and your injuries. For example, if the driver braked suddenly without reason and you were thrown into a pole on the bus, that direct action caused your harm.
Damages
Finally, you must demonstrate that you suffered real damages, like medical expenses, lost wages, pain and suffering, or disability, as a result of the accident.

Evidence That Strengthens Your Case

When suing a city, evidence must be airtight. Government entities are well-resourced and often push back aggressively. Key forms of evidence include:

Police reports and transit authority documentation
Medical records and treatment plans
Photos of the accident scene or injuries
Surveillance footage (from traffic cameras or transit buses)
Witness statements from passengers or bystanders
Maintenance records and inspection logs of the vehicle involved
Expert testimony, especially in cases involving technical equipment or vehicle safety

At Eric Ramos Law, we know how to gather and preserve this evidence before it’s lost or overwritten.

Compensation Available in Texas Transit Accident Cases

The Texas Tort Claims Act limits the amount of compensation you can receive when suing a governmental entity. Generally, the caps are:

$250,000 per person
$500,000 per incident (total for all victims)

You may be able to recover compensation for:

Emergency medical care and future treatment
Lost income and reduced earning capacity
Pain and suffering
Emotional distress or trauma
Wrongful death, if applicable

We build strong, well-documented cases to pursue the maximum allowed under law.

Common Challenges in Suing the Government

Bringing a lawsuit against a private company is challenging enough. Doing so against a city or municipal agency adds several complications:

Short deadlines for notice of claim
Damage caps that limit how much you can recover
Immunity defenses are aggressively used by the city’s legal team
Delays in obtaining records or public documents

That’s why you need an attorney who knows how to deal with the city bureaucracy and its legal defenses. At Eric Ramos Law, we’ve helped clients across Texas successfully bring claims against city governments and transit agencies.

What to Do After a Public Transit Accident

If you’re involved in an accident involving a city bus or transit vehicle, here’s what you should do immediately:

Seek medical attention right away, even if you think your injuries are minor.
Report the incident to the police and the transit agency.
Document everything—photos, witness names, the bus number, and driver details.
Do not give recorded statements to the transit agency’s insurance company without legal advice.
Contact an experienced lawyer to start the notice process and protect your right to compensation.

Why Choose Eric Ramos Law, PLLC

With our deep knowledge of personal injury and Texas government liability law, Eric Ramos Law stands out as a trusted ally for transit accident victims.

Our firm provides:

Proven experience in car accident claims and complex injury cases
Skilled handling of wrongful death and catastrophic injury claims
Detailed attention to legal deadlines, documentation, and case strategy
Personalized service and aggressive negotiation with the city and insurance attorneys

Whether your case involves a San Antonio VIA bus or a city-owned vehicle, we’re prepared to fight for your full legal rights.

Internal Resources for Related Injuries

City vs. Private Injury Claims: Legal Hurdles Comparison

Final Thoughts: Time Is Crucial

If you’ve been injured in a public transit accident, don’t delay. Strict deadlines and legal complexity can jeopardize your case if not handled correctly.

Let Eric Ramos Law, PLLC, take the pressure off your shoulders. We’ll evaluate your case, file the necessary notices, and pursue the maximum compensation allowed under Texas law.

Contact us today at (210) 404-4878 or visit ericramoslaw.com to schedule your free consultation.