The rocker's SUV collided with a school bus earlier this summer and his initial injuries led to nerve damage, blood clots, and a staph infection, which forced him to scrap a Blink-182 tour.
He is now seeking legal action and according to documents obtained by TMZ, he claims the driver of the school bus caused the collision by making an illegal left turn.
He's suing the driver of the bus and the bus company for the crash.
Blink-182 postponed a string of U.S. shows after the crash in July and earlier this month they scrapped the whole tour to allow Travis to fully recover from surgery to clear up blood clots.
A statement from the band read: "Trav's medical team anticipated that he would be well enough by fall (autumn) to tour but after recent checkups, they were not able to clear him in time for the scheduled run of dates."
"The past few months have just sucked as I have been sidelined just waiting for my doctors to clear me so I could get back on the road and perform with my band," Barker added. "Unfortunately, the risks associated with drumming are still too great. I am doing everything I need to do so I can get back on the road as soon as possible. I want to thank my fans, family, friends, and bandmates for all the love and support."