A charter bus carrying seniors from Bastrop Senior Center was involved in a deadly collision with a train in Biloxi, Mississippi on March 7. The bus, which was on a trip to New Orleans, became stuck on a railroad crossing in downtown Biloxi for up to 10 minutes prior to being struck by a CSX Transportation train. The train then pushed the bus about 300 feet further down the tracks. There were 49 individuals on the bus; four were killed and 35 were taken to local hospitals for treatment. At least two individuals had gotten off the bus while it was stuck and became trapped underneath it during the collision. The four individuals killed in the accident were residents of Sealy, Bastrop, and Lockhart, Texas.
What Caused the Crash?
The reason why the bus was stuck on the railroad tracks is currently unknown. It may have been due to mechanical issues, the specific rail crossing’s low clearance, or another issue entirely. The National Transportation Safety Board and Federal Railroad Administration are investigating.
What Happens Now?
It is possible that the injuries and fatalities from this accident will result in insurance claims and lawsuits. Individuals who suffer injuries due to an accident caused by someone else’s negligence have a right to file insurance claims or lawsuits to seek compensation for their injuries. If an individual is killed, their family members or estate may have the right to file a claim or suit based on wrongful death to recover damages.
Proving a Personal Injury Claim
Texas gives individuals a two-year statute of limitations on personal injury claims. To recover compensation under a personal injury claim, the injured individual must demonstrate that:
- The allegedly responsible party had a duty of care toward the individual;
- The allegedly responsible party failed to uphold that duty of care;
- The breach of duty caused the individual an injury; and
- The individual suffered a compensable injury.
If an individual is able to prove all of these elements, he or she can gain compensation for medical expenses, lost earning potential, and pain and suffering.
A Texas Wrongful Death Claim
Wrongful death claims are often similar to personal injury claims, however, they are cases brought by a deceased individual’s family or personal representative. To gain damages through a wrongful death insurance claim or lawsuit, the family or estate must prove:
- The decedent’s death was caused by the actions of the allegedly responsible party;
- The allegedly responsible party was negligent;
- The decedent left behind a spouse, children, beneficiaries or other dependents; and
- The surviving individuals suffered monetary damages due to the decedent’s death.
- If a family or estate proves a wrongful death claim, then they can receive compensation for medical bills, funeral expenses, lost future earnings, lost future benefits, loss of inheritance, pain and suffering, and loss of consortium.
Contact the Bettersworth Law Firm for Help
If you were injured in a traffic accident or you lost a loved one, do not hesitate to reach out to an experienced New Braunfels injury attorney at the Bettersworth Law Firm. For years we have investigated the causes of car accidents, helping individuals determine who is responsible for their injuries. We offer compassionate yet aggressive representation when you need help the most.