Austin CapMetro Accident Attorney

CapMetro logs nearly 26 million boardings each year.¹ Riders hurt on CapMetro buses and rail lines are pursuing compensation from a government entity, not a private driver or insurance company. CapMetro is a political subdivision of Texas, and pursuing compensation means meeting requirements that exist nowhere else in personal injury law: a six-month notice deadline, damage limits set by state statute, and strict procedural rules.

Loewy Law Firm has more than two decades of experience and fights for the compensation Austin residents injured in CapMetro accidents deserve. You pay nothing unless we win. Call (512) 280-0800 for a case review.

CapMetro Claims and the Texas Tort Claims Act

CapMetro, formally the Capital Metropolitan Transportation Authority, is a political subdivision of the state of Texas. Government entities in Texas carry a protection called sovereign immunity, which generally prevents them from being sued. The Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101) establishes the conditions under which a government entity’s immunity is waived and an injury case can proceed.²

When the Tort Claims Act Applies to Your Case

Under Section 101.021, the waiver applies when an injury is proximately caused by the wrongful act, omission, or negligence of a government employee acting within the scope of employment, the injury arises from the operation or use of a motor-driven vehicle or equipment, and the employee would be personally liable under Texas law. For a CapMetro accident, all three elements need to be present. Most bus and rail accidents satisfy the test, and confirming the waiver applies to the specific facts of your accident is the starting point of every case evaluation.

The Six-Month Notice of Claim Requirement

Anyone pursuing a case against CapMetro is required to submit a written notice of claim no later than six months after the day that the incident giving rise to the claim occurred.³ A notice of claim is not a lawsuit, but a required written precondition to one. Texas law requires the notice before litigation against a government entity can begin.

Under Section 101.101, the notice has to reasonably describe the injury or damage, the time and place of the accident, and the accident itself. CapMetro may require additional information beyond what the statute mandates. Send it directly to CapMetro, not to a court. Texas personal injury cases carry a standard two-year statute of limitations, so the six-month notice deadline is the earlier and less familiar of the two. Loewy Law Firm can prepare and submit the notice as part of representing you.

Damage Caps on CapMetro Cases

The Texas Tort Claims Act limits how much a government entity can be required to pay, and the cap depends on how the entity is classified. Under Section 101.023, municipalities are capped at $250,000 per person and $500,000 per occurrence for bodily injury and death. Other units of local government, the category CapMetro falls under as a metropolitan rapid transit authority created under Chapter 451 of the Texas Transportation Code, are capped at $100,000 per person and $300,000 per occurrence.⁴

Recovery caps apply specifically to CapMetro’s liability. When a third-party driver also contributed to the accident, a separate case against that driver carries no government-imposed limit, and both cases can run simultaneously.

Types of CapMetro Accidents

Accidents on CapMetro vehicles and at CapMetro stops can be caused by a variety of factors:

• Driver error, including running red lights, failure to yield, and abrupt stops with standing passengers onboard
• Boarding and deboarding accidents when drivers pull away before passengers are clear of the vehicle
• Slippery or damaged flooring onboard the vehicle
• Mechanical failure, including brake failure, malfunctioning doors, and defective wheelchair restraint systems
• Collisions with third-party vehicles at intersections along the route
• Rail crossing accidents with vehicles or pedestrians in the right-of-way

The cause of the accident determines who bears responsibility, and in certain CapMetro accidents, more than one party does.

Liable Parties in a CapMetro Accident

CapMetro, as the operating government entity, carries liability for driver negligence under the Texas Tort Claims Act. Other parties may also bear responsibility:

• A third-party driver who caused or contributed to the accident is subject to standard personal injury law with no government-imposed caps.
• A manufacturer of a defective vehicle component may face a products liability case independent of the TTCA.
• A private maintenance contractor working on CapMetro vehicles may carry independent liability outside the TTCA.
• For Access route accidents, the manufacturer of a mobility restraint device may also bear responsibility if the equipment failed.

When multiple parties share responsibility, Loewy Law Firm pursues the TTCA case against CapMetro and any uncapped third-party cases in parallel.

Steps to Take After a CapMetro Accident

CapMetro accident cases come with procedural requirements tied directly to the government entity rules that apply from the moment the accident happens.

1. Seek medical attention. Symptoms from head injuries and soft tissue damage can take hours or days to surface. A same-day medical record ties your injuries directly to the accident.
2. Report the accident to the vehicle operator before leaving. Ask for an accident report number. CapMetro documents accidents internally, and a report number on the day of the accident creates a record that connects you to the event.
3. Document the scene. Photograph the vehicle number, route signage, your injuries, and the area where the accident occurred. Note the exact time and direction of travel.
4. Collect witness information. Get names and contact information from other passengers or bystanders.
5. Follow up with CapMetro in writing. Request a formal accident report. Written documentation gives you an independent record outside CapMetro’s internal system.
6. Contact Loewy Law Firm. CapMetro controls onboard camera footage, GPS records, and maintenance data. A preservation letter from Loewy secures those records before retention policies allow deletion, and Loewy handles the notice of claim and case investigation so you can focus on recovering.

Compensation in CapMetro Accident Cases

Compensation in a CapMetro injury case can cover medical expenses, future treatment costs, lost income, loss of earning capacity, pain and suffering, and rehabilitation. For families who lost someone in a CapMetro accident, wrongful death damages may also be available, including funeral costs, loss of companionship, and survivors’ lost income.

TTCA damage caps apply to recovery from CapMetro directly. Thorough documentation of medical costs, lost income, and future expenses is how a case reaches the ceiling the statute allows. A case against a third-party driver or non-government party operates without government-imposed limits, and both can be pursued at the same time.

Austin CapMetro Accident Cases: Frequently Asked Questions

Can I Pursue a Case Against CapMetro?

Yes, in most cases. The Texas Tort Claims Act waives CapMetro’s governmental immunity for personal injury caused by a driver’s negligence while operating a transit vehicle within the scope of employment. Whether the waiver applies depends on the specific facts of your accident. Confirming the waiver is the first question Loewy evaluates in a free consultation.

Do Two Deadlines Apply to CapMetro Cases?

Two deadlines apply. A written notice of claim has to be submitted to CapMetro within six months of the accident under Texas Government Code Section 101.101. The standard two-year personal injury statute of limitations applies to the lawsuit itself.

Are There Specific Requirements for the Notice of Claim?

Under Section 101.101, the notice has to reasonably describe the injury or damage, the time and place of the accident, and the accident itself. CapMetro may require additional information beyond what the statute mandates. Send it directly to CapMetro, not to a court. Loewy Law Firm prepares and submits the notice as part of representing you.

Are There Limits on Recovery From CapMetro?

Yes. Under Section 101.023 of the Texas Tort Claims Act, recovery from a unit of local government is capped at $100,000 per person and $300,000 per occurrence for bodily injury and death. Recovery caps apply to CapMetro’s liability specifically. A separate case against a third-party driver or non-government party carries no government-imposed limit, and both can be pursued simultaneously.

Can I Recover If I Was Partly at Fault?

Texas follows a modified comparative fault rule under Section 33.001 of the Texas Civil Practice and Remedies Code.⁵ You can recover compensation as long as your share of fault is 50% or less. Your award is reduced proportionally, so if you were 20% at fault and damages total $80,000, you would recover $64,000. At 51% or more, Texas law bars recovery entirely.

Can I Still Pursue CapMetro If a Third-Party Driver Was Responsible?

A third-party driver’s liability falls under standard personal injury law with no government caps. If CapMetro also bears responsibility for the accident, both cases can move forward at the same time. The six-month notice requirement applies to the CapMetro portion of the case regardless of the third party’s role.

Does Hiring Loewy Law Firm Cost Anything Upfront?

No. Loewy handles CapMetro accident cases on a contingency basis. No attorney fees apply unless Loewy recovers compensation for you. A free consultation is available 24 hours a day, seven days a week.

Let Loewy Law Firm Fight for You

CapMetro accident cases require the notice of claim, cap determination, and evidence preservation to all be handled before a lawsuit is ever filed. Each requires knowing how government entity cases work in Texas. CapMetro has its own investigators and documents accidents through its own internal process. Loewy Law Firm conducts an independent investigation and builds the case from your side of the accident.

Adam Loewy takes CapMetro accident cases on a contingency basis, and no fees apply unless he recovers compensation for you. Contact us 24 hours a day, seven days a week by calling (512) 280-0800.

References and Further Reading

1. https://www.capmetro.org/facts ↩︎
2. https://statutes.capitol.texas.gov/docs/CP/pdf/CP.101.pdf ↩︎
3. https://tcss.legis.texas.gov/resources/CP/pdf/CP.101.pdf ↩︎
4. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm#101.023 ↩︎
5. https://statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=33.001 ↩︎