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legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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Are the school districts allowed to t a pedestrian and keep

Customer Question

Are the school districts allowed to hit a pedestrian and keep going? Can the ALIEF School District be sued for this negligence? I am being told that the ALIEF school district has TX immunity where they are not liable for personal injury. I was hit by a Houston, TX ALIEF School District Bus and the bus driver never stopped to render aid. An Eye witness saw the accident and provided the description of the bus to the HPD.
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

A public school is treated as a municipality for liability purposes; and under the Tort Claims Act, they are provided immunity for personal injury, except for that arising from the operation of motor vehicles:

A governmental unit in the state is liable for: (1) 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: (A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and (B) the employee would be personally liable to the claimant according to Texas law; and (2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law. Tex. Civ. Prac. & Rem. Code § 101.021.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 year ago.

I certainly hope you have had a chance to consult with an attorney regarding the above and that you are able to reach a resolution with minimal hassle.

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