Can I Sue the City of El Paso If I Was Injured by a Sun Metro Bus?
If you were injured in an accident involving a Sun Metro bus in El Paso, you may be wondering what you should do next. Whether you were a passenger on a Sun Metro bus or were in another vehicle involved in an accident with a Sun Metro bus, you have legal options to recover for your injuries.
Sun Metro is a public transportation system owned by the City of El Paso. Filing a claim against Sun Metro means filing a claim against a public entity. Suing a public entity requires a bit more work than suing a private individual or business, but it can be done.
Generally, public entities, such as cities and municipalities, are immune from civil liability. However, the Texas Tort Claims Act allows exceptions to this principle. Specifically, the Tort Claims Act says:
A governmental unit in the state is liable for…property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if [it] arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and the employee would be personally liable to the claimant according to Texas law.
Therefore, if a personal injury claim arises from an accident involving a Sun Metro bus, an individual may be able to pursue legal action against the City of El Paso, so long as the Sun Metro employee would be liable in a personal injury claim in a case involving the same facts.
For example, say a Sun Metro bus rear-ended another vehicle and caused serious injury to the vehicle’s passengers. It is very likely that a claim would be allowed against Sun Metro, because if the bus driver rear-ended a vehicle in any other situation, the bus driver would be liable for the victims’ injuries.
How Do I File a Claim Against a Governmental Entity?
The Texas Tort Claims Act provides a specific procedure that must be followed if an injured victim wants to pursue a claim against a Texas municipality.
First, according to the Tort Claims Act, notice of the claim must be filed within six months of the incident. However, to further complicate the matter, individual cities may impose even shorter deadlines by which notices of claims must be filed. In El Paso, the deadline may be as short as 90 days. This deadline is far shorter than the deadline for claims against private individuals or entities, which is two years. Therefore, it is extremely important to consult with a personal injury attorney as soon as possible after being involved in an accident with Sun Metro.
The notice of the claim must also include basic facts about the accident. The damage or injury claimed, the time and location of the accident, and the nature of the incident itself must all be described within the notice.
What Damages Are Available in a Sun Metro Accident?
If you have been injured in an accident involving Sun Metro, there are various types of damages you may be able to claim, depending on the facts of your case. These include:
- Medical bills
- Lost wages
- Pain and suffering
- The cost of future medical care
- Emotional distress
Depending on your claim, other types of damages may also be available.
Contact Our Experienced El Paso Bus Accident Lawyers
At Zinda Law Group, our El Paso bus accident attorneys are experienced in filing claims against Texas municipalities, including bus companies. Call us today at 800-863-5312 for a free consultation with one of our El Paso bus accident lawyers.