School Bus and Semi-Truck Crash Near New Braunfels: Who Is Your Child’s Injury Claim Against?

School District Liability Is Limited

The school district is designated as part of a governmental unit and therefore would have limited liability under Texas laws, which would specify that the cap or limited liability would be subject to what the code prescribes. Often that is $100,000 dollars.

Who Caused the Crash Matters

Now, when you are considering what led to the crash, you have to consider, is the semi-truck driver responsible for causing the crash or is the school district bus driver, because that matters for purposes of recovery and caps for recovery. If the school bus driver is some percentage at fault, yes, the lawyer would still be pursuing a Texas Tort Claims Act, and needs to provide notice to the proper division less than six months after the crash. So, it is very critical to hire a lawyer who is well versed in “TTCA” or Texas Tort Claims Act and the notice requirements.

Trucking Company Has Deeper Pockets

The deeper pockets will be with the semi-truck driver trucking company, who, by statute, is required to carry sufficient liability limits insurance coverage, oftentimes north of $750,000. And if the jury finds that the semi-truck driver is 51% or more at fault for the wreck, that driver’s insurance policy would be compensating your child through you as the parent for the harm and loss the child endured.

Multiple Injured Children Share One Policy

If there are more than one child injured, all are sharing the same policy; therefore, it is very important to hire a lawyer to adequately prepare your case for competing claims.

Act Quickly — Evidence Disappears Fast

There is also the responsibility of the attorney to be well versed in Texas trucking laws as well as Federal trucking laws to adequately investigate the claim. Do not wait since those bits of evidence are very easily and quickly destroyed. Hire a lawyer quickly.