Texas School Bus Accident Lawyer

Thursday, April 13, 2017


When your child has suffered an injury on a school bus it changes the lives of your family dramatically. It can be confusing and stressful enough for the average family to deal with hospital and doctor bills, let alone navigating the legal issues involved with bringing a claim against a school district. When your child sustains an injury on a school bus, you may not know where to turn for assistance. Understanding the basic legal remedies and rights of school bus passengers can help you learn your own options. There is a deadline to file notice of a claim that varies from thirty days to six months depending on the county where the school district is located. Always consult with an experienced Texas school bus accident lawyer for professional advice concerning your case as soon as possible.

What Damages Can I Recover After a School Bus Accident?

One of the most common questions a parent has after their child suffers an injury on a school bus is in regards to what damages can be recovered. If your child has been injured in a school bus collision, you may have a claim against school district and others for the following damages:
  • Medical expenses
  • Pain and suffering
  • Disfigurement
  • Emotional distress
  • Loss of quality of life
  • Other damages
If your loved one has been killed in a school bus collision, you may have a wrongful death claim for the following damages:
  • Lost economic contributions
  • Loss of care and companionship
  • Funeral expenses
  • Other damages

The Law in Texas for School Bus Collision Cases

School bus drivers must obey all traffic laws and Texas Transportation Code. Because school buses are considered “common carriers” the driver must use utmost caution when driving these vehicles in order to ensure the safety of the students on board. The school district must properly maintain school buses. Additionally, the school district must hire, train and supervise qualified drivers. Notice of a claim against a school district must be brought timely and meet the strict notice requirements set forth under Texas law. Failure to file the timely or proper notice of a claim could result in the loss of the ability to recover damages against the school district. It is imperative that the parent of a child injured on a school bus provide the school district with notice of a claim within the deadlines required under Texas law. If your child has been in a school bus accident, contact an experienced school bus accident lawyer at the Law Firm of Aaron A. Herbert. Board Certified Personal Injury attorney Aaron Herbert has recovered millions for accident victims and their families. For a free consultation, call 24/7 to (210) 435-7968 or click HERE to fill out the online, attorney-consultation form. The consultation is free and there is no fee or expense until we win the case.  
Posted by Aaron Herbert at 9:26 pm

Who is Liable for Escalator Injuries?

Thursday, April 13, 2017
In the United States alone, people have access to around 35,000 escalators in malls, business offices, airports, and other buildings. Most of the time, riders step on and off escalators without incident. Occasionally, horrific accidents happen, including a 2015 case in China, where a mother fell into the collapsed panel at the top of a mall escalator. Moments before she fell into the shaft to her death, she pushed her small son to safety. When accidents happen, liability laws determine who faces financial responsibility for resulting injuries and deaths.

Causes of Escalator Injuries and Liability

Escalator incidents occur under a variety of circumstances. The cause of the injury often helps investigators understand contributing factors and ultimate liability. Consider the potentially liable parties and common causes of escalator accidents:
  1. You. Escalator operators, manufacturers, and maintenance crews are only responsible for maintaining equipment according to industry standards, warning riders of possible hazards, and designing/manufacturing equipment that meets safety standards. If you decide to travel the wrong way on an escalator, ignore gated-off equipment, or attempt parkour movements while riding the escalator, you may not be able to hold anyone else responsible for your injuries. In cases involving rider negligence, the courts may use the state’s comparative negligence rules to assign fault in a case. Under Texas laws, if you are more than half at fault for the incident, you cannot recover damages in a personal injury claim.
  2. The owner/operator. An escalator is as much a part of a property owner’s premises as the handrails on the second story of the mall or a revolving door. Depending on the nature of the incident, the owner/operator may face liability for resulting injuries. Owners/operators are responsible scheduling and conducting routine inspections, maintaining escalators according to code, and roping off/stopping escalators that pose safety hazards.
  3. The escalator manufacturer. As a piece of equipment third parties sell, an escalator falls under the purview of product liability law. If the manufacturing process, design, or warnings that come with the escalator contribute to a rider’s injury, the manufacturer may face legal responsibility for the aftereffects. For example, an owner could properly inspect and maintain the equipment but fail to see a design or manufacturing flaw that causes the escalator to jerk, move too quickly, or otherwise malfunction. If both the owner and manufacturer failed, they may share liability for the incident.
Depending on the case and jurisdiction, the courts may impose strict liability on the owners and operators. Courts may use this stringent standard when they define escalators as a mode of public transportation. All so-called “common carriers” must adhere to an increased duty of care to ensure rider safety. In these cases, the plaintiff does not need to prove the defendant was negligent to recover. He or she must only prove the defendant was legally responsible for the incident.

Pursuing Escalator Accident Claims

Escalator incidents can lead to significant physical trauma. When preventable escalator incidents occur, they can change someone’s life in a second. Nobody expects their commute home, shopping trip, or airport terminal travel to result in a severe injury. For children, an accident can alter the future including income generating capabilities and quality of life. For adults, accidents can lead to time away from work, financial struggles, and more. After an escalator-related injury, report the incident to the operator or manager on duty. File an accident report, and seek medical assistance. Keep as many records of the incident as possible, including pictures of the defect or video recordings of the incident. If you do not recover quickly and fully from the incident, consider speaking to an attorney about your legal options. A personal injury attorney can help you identify the liable parties in your case and pursue appropriate legal action.
Posted by at 8:26 pm